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1996-025 Architectural Services AgreementRESOLUTION NO. p5-96 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WZTH PALM BEACH DESIGN GROUP, INC. ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR ARCHITECTURAL SERVICES TO THE VILLAGE FOR A SENIOR CITIZENS BUILDING IN ANCHORAGE PARK AND A CONCESSION STAND IN OSBORNE PARK WITHIN THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: • Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Agreement entitled "Abbreviated form of Agreement Between Owner and Architect" with Palm Beach Design Group, Inc. attached as Exhibit "A", which Agreement provides for architectural services to the Village for a Senior Citizens building in Anchorage Park and a concession stand in Osborne Park within the Village. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Agreement with Palm Beach Design Group, Inc. set forth in Exhibit "A" for an on behalf of the Village of North Palm Beach. Section 3. This Resolution shall take effect immediately upon its adoption. i • PASSED AND ADOPTED THIS 11th DAY OF ApY'91 1996. (Village Seal) L'" iG~~"y~'f//h'~J MAYOR ATTE~i-~ /.~ _/ ///~ y C~~ VILLAGE CLERK C T 11 F. A M E R I C A N I N S T I T U T E O P A R C 11 I T E C T S L AlA Ikxtntre7tt 13151 Abbreviated Form of Agreement Between Owner and Architect jqr Co7ts[ruct7oa /'rojecls of Umiled Scope 1987 EDITION 771IS UOC(/AfEN7' /IAS /A3POR%i1NT /.EGAI. CONSGQI/ENCES; CONS(/1.7A%70N IY~lT/I AN AT7'ORNE}' /S liNCOf/RA(:F,U lY'I7'/I RESPECT 70 /7S COA!I'LETION OR AIOUIF/CA770N. AGREEMENT n)acle as of the 11th day of Anri 7 Nineteen I}unch'ed and Ninety Six ETWEEN the Owner: THE VILLAGE OF ~iOnr and nddrttc<) NORTH PALM BEACH 501 U.S. HIGHWAY 1 NORTH PALN BEACH, FLORIDA 33908 and IhC ArchllccL• PALN BEACH DESIGN GROIIPa INC. (Nona and nrldrrss) 2560 R.C.A. BLVD. SUITS 106 PALN BEACH GARDENS, FLORIDA 33410 For the following Pro~cct: (bu lurlr ArlnllrA rlcscr/pl/nn r/ 1'n jnY, GH'nllon, ndrAx•ss nor! scryr•) CONCESSION STAND IN OSBORNE PARR 6 SENIOR CITIZEN BUILDING IN ANCHORAGE PARR Owner and Architect agree as set forth below. in the year of CopyrlggLl 1974, ly7n, C119f17 by the Amcdc an lusUnnc of Arddrttta, 17iS Ncw Yurk Avrnuc, N.W., Wasldugtuu, b.(:. 2lNMKr. Ilrymr<lurllon of tLc nutctlal hcrclu or su6st:uulal yuutallun nl hs pnlvl+bns wOhuul wrlNCn Ixrmisxlun of the AIA ululate<Ihe p lO)'r lRllt IaK'{ Ur Cllr III III('(1 Sl pl('R all(1 wlll br su61n'1 to leryd prrnccutluO. AIA DOCUMENT BI61•AOU0.EVIAI P:U(IWryBA-ARCtIII E(:T AGHIICMfNF•TIIIflU F1>I110N•AIM •®1987 ---- 7711! AMERICAN INSllllllF. OF ARCIIIIF.C.15, 1)55 NF.W V(IRK AVENIIF., NR'., WASIIINGION, Irt: IIXNK 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 Thr Architect's services consist of those services perv kxmrd by the Architect, Architect's employees and Architect's consuhants as enumerated in Anicles 2 and 3 of this Agretmem and any other services included in Article 12. 1.1.2 The Architeci s services shall be performed as expedi~ tiously as Es consistem with pro[essional skill and care and the orderly progres_+ of the Work. 1.1.3 The services covered by this Agreement am subject to the time hmirations con[ained in Subparagraph 1 I.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 under the three phases identified below, any other services identified in Aricle I?,and include normal strucwral, meclm)i- cal and electrical engineering services. 2.2 DESIGN PHASE 2.2.1 The Architect shall review with rhr Owner alternative approaches to design and conswction of the Project. 2.2.2 Etasrd on the mutually agreed-upon progrant, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, [XSign Documents con sisting of drawings and other documents appropriate for the Project, and shall submit m [he Owner a preliminar)• estimate of r.UnllrnrttUlt r.last. 2.3 CONSTRUCTION DOCUMENTS PHASE 2.3.1 Uased on the approved Design Documents, rhr Architect shall prepare, for approval by the Owner, Construction Ucxu~ mena consisting of Drawings and Specifications setting fonh in derail the requirements for the construction of the Project and shall advise die Owner of any adjustments to previous prchminary rstimams of Construction Cost. 2.3.2 The Archirecr shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction aver the Project. 2.3.3 Unless provided in Article 12, the Architect, following the Owner's approval of the Construction Uocuments and of dle latest prebminary estimate of Construction Cost, shall assist the Owner in obtaining bids or nrgotiaced proposals :end assist in awarding and preparing contracts for construction. 2.4 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.4.1 The Architrn's responsibility u+ provide Basic Services fur the Construction Phase under this Agreemem commences with the award of the Contract for Cunstructiun and terminates at the earlier ofissuance ro the Owner of the final Certificate fur Paymem or GO days after the date o(Substantial Completion of nc~ Work, unless extended under the terms of Subparagraph 10.3.3. 2.4.2 The Architect shall provide admtnis«ation of the Con- « act for Consrntcrion as sa forth below and in the edition of AIA Document A?01, General Conditions of the Contract fur Cunsuuctiun, currrm as of the date of this Agreement. 2.4.3 Davies, responsibilities and hmitations of authoriq• of the Architect shall nut be restricteJ, modified ur extended e•ithum written agreement of the Owner and Architect with consent of the Con«actur, which consent shall not be unreasonably wi[hheld. 2.4.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction umil final paymen[ rn the Contractor is due and (_') as an Additional $er- vice at the Owner's direction from time to time during the cur- rection period described in the Cun[ract (or (:onstructiun. 2.4.5 The Architect shall visit the site at intervals appropriate w [he SIegC of cunswetiun ur as otherwise agreed by the Owner and Architect in writing «> become generally fantiliar with nc~ progress and quality of the Work complete) and w determine iu general if the work is being prrfurmed in a man- ner indicating that tht Wurk when completed will be in occur dance with the Contnet Documents. Hue•ever, nc~ Architect shall nor be required to make exhaustive or continuous un-site inspections w check the qualiry• or quantity of the V(4>rk. On the basis of on-site obsen•ations as an arehi[ecr, the Architect shall keep tire• Owner informed of the progress and yualitc of the VL'ork, and shall endeavor w guard the Owner against defects and deficiencies in the VL'ork. (Afore exfrnsitr sire• rrprrrsentrrrian reap fx• ugrrtd m us un Addiriounf Scrr ~icc•, ua drseritxrI ire ('urugru(I(r 3.3.) 2.4.6 The Architect shall not have control over or charge of and shall not he respuntdhlc Wr consmtcdon means, mcthud,. techniques, scyuences ur procedures, ur fur safcq' prccauuuns and program, in cunncetion with nc~ Vi'urk, since these art solely the Cantractur's~respcrosibility under the Cuntrta li+r Cunsvuetion. The Architect shall nor be responsible fur the - ContracoN's schedules or failure w Barry om the Wurk in accordance with the Comnct Documents. The Archirecr shall not have control over or charge of acts or omissions of the Cuntractur, Subcontnetors, ur their agents or employees, or of any other persons performing portions of the VI'urk. 2.4.7 The Architect shall at all times have access w the AY'urk wherever it is in prrparauon ur pnrgress. 2.4.8 lfased on the Architect's observations and cvaluauuns of the Contractor's Applications fur Payment, the Architect shall review and cenify the amounts due the Cunvactur. 2.4.9 The Archirect's ecrtificatiun for payment shall c'onsuunc u representation w rhr Owner, based on the Archirecia obscr- vahons ar nc~ site as provided in Subparagraph 2.tiS and un the AIA DOCUMENT 8151 • AUUREVIATED O W HER-ARCHITECT AGREEMENT • TI IIRD EDITION •AIA• - • ~119U` l'I II. AMERICAN IN51'ITU'fE Or ARCHITECTS, 1735 NEVI' YORK AVENUE. NIX'., IX'ASI IINGI'ON. U.C 2(xxb B1S1-19S7 2 data comprising the Contne[or's Application for Payment, that the Work hu progressed [o [he point indicated and thu, to the best of the Architect's knowledge, information and belief, yualip• of the Work is In accordance with the Contact Ibcv- mcnts. The issuance of a Certificate for Payment shall not be a representation thu the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quaatl[y of the Work, (2) reviewed consvuc[ion means, methods, ecl)- niqucs, sequences or procedures, (3) reviewed copies of rrqui- sitions received from Subcontractors and ma[eriW suppliersand other data requested by the Owner to substantiate the Coattac- tor's right to paymem or (4) ucertalned how or for whn pur- pose the Contractor hu used money previously paid on accoum of the Contract Sum. 2.4.10 The Architect shall have authority to reject Work which does no[ conform to the Contract Documents and wW bave authority to require additional u)spection or testing d the Work whenever, in the Architect's reasonable opinion, it h necessary or advisable for the in)plemenv[ion of the invent of the Contract Documents. 2.4.11 The Architect shall review and approve or take other appropriate acUOn upon Contnctoi s submU[als such u Shop Drawings, Product Data and Samples, but only for the lia+i[ed purpose of checking for confom)ance with information given and the design concept expressed N the Contract Doctrrrents. The Architect's action shall be taken wiU) such reasrnable promptness as to cause no delay. The Mehitect's approval of a specific item shall no[ indicare approval o(an assemNy of which the item is a component. When professional certifita[bn of performance characteristics of materials, systems or equip- ment hrequired by the Ccmtract Documents, the Ar~itect shall be emitted to rely upon such cenifica[ion to establisb ttv[ Utc materials, systems or equipment will mart the perfortrvnce criteria required by the Contract Documrnts. 2.4.12 The Architect shall prepare Change Orders and Con- stmaion Change Directives, with supporting documetution and data if authorized or confirmed N writing by the Owner as provided N Pangnphs 3.1 and 3.3, for the Owner's approval and execution in accordance with Ure Contract Ducutnen[s, and may authorize minor changes N [he Work no[ invoking an adjuamem in the Contract Sum or an extension of the Ctntract Tine which are not inconsisrem with the in[em of the Cm[ract Documents. 2,4.13 The Architect shall conduct inspections to de[amine the dates of Substantial Completion and final completion and ahWl Issue a Dnal CprttncaW fur NaylnOUt. 2.4.14 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contrac Documrnts on written regtrest of tither the Owner or Contractor. The Architect's response [o such requests shall be made with reasonable promptne$ and within any time limits agreed upon. When making such inter pretations and initial decisions, the Architect shall endpmr [o secure faithful performance by both Owner and Contnetor, shall not show panialiry~ 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 tx provided If authorized txcon- Goned in writing by thr Owner or if included in Anicic 12, and [hey aha0 be paid for by the Owner as provided in this Agree- ment. Such Additional Services shall include, in addltlon to those described in Pangnphs 3.2 and 3.3, budget analysts, financial feuib0ity studies, planning surveys, environn)envl s[utlies, measured dnwings of existing conditions, coordu+a lion o[ aepante contactors or lndepcndent consultants, coor- dination of construction or project managers, deviled Coo- stmction Cosr estimates, quantity surveys, interior design, plan- ting of tenant or rental spaces, inventories of materials or equipment, preparation of record drawings, and any other sco- vices no[ otherwise included in U+is Agrcemem under Buic Ser- vices ornot etutomu0y furnished in accordance with generally accepted architectural pncUCe. 9.Y If more extensive representation ar the site than B described in Subparagraph 2.4.5 U required, such additional project «presentarion shall be provided and paid for as set forth in Articles 1 i and 12. 3.9 As an Additional Service in connection with Change Orders and Construction Change Direuives, [he Archhcct shall prepare Drawings, Specifications and other documentuion and dav, evaluate Contractor's proposals, and providt any other services made necessary by such Change Orders and Constmo lion 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, budge[ with reuonabk contingencies, and criteria. 4.Y The Uwner shall furnish suneys describing physical char- acteristics, legal limitations and utility locations for tht sire of [he Project, a written legal description of the site and the set vices o(geotechnical engineers or other consultants when such services are requested by the Architect. 4.9 The Owner shall fumish s[mctural, meci)anical, chemical, air and water pollution tests, tests fur haurdous materials, and other laboratory and environmental tests, inspections and refwrts requimd by law or the Qrouact Documents. A.4 The Owner shall rurnlrh all IvRal, xecuuming and insurance COUDSCIIng $CrvICCS ns may lx necessary at any time fof lhC Project, including auditing services the Owner may require w verily the Contractor's Applications (car Paymem or w ascertain how of for what purposes the Contnetor has used the money paid by the Owner. 4.6 The foregoing services, information, surveys and reports shall be furnished a[ the Owner's exlxnse, and the Archicect shall be entitled w rely upon the accurap• and completeness thereof. 4.6 Prompt written notice shall he given by the Owner w the Architect If the Owner txcttmes aware of any fault or defect in the Project or nuncun(urmance with the Comract Documents. 4.7 The prop[»ed language of certificates or certification-s requested of the Arcbirect or Architect's consultants shall br submitted to the Architect for reviee• and approval at leas 14 days prior w exrcmion. • • `J AIA DOWMENT Bl51•ADBREVIATEU OWNER~ARCIIITECT AGREEMEtrT•TIIIRn EDITION•AIA• •R>19R' 3 8151-1967 l'llr. AAfERICAN IttLfITUTE OF ARCIIITECTS. 1735 NI'vIX' PORK AVENUE, N ~C .. WA5I IINGI'ON, O.C. z(xxtG • • ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction COSI shall be lhC l0[aI COSt O! CSd- mated cost to the Owner of all elements of the Project designed or specified by the Architec[. 5.1.2 The Construction Cost shall include the cost a[ current marker races of labor and materials furnished by the Owner and equipment designed, specified, xlected or specially provided (or by the Architect, plus a reasonable allowance for the C~n- tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be Included for market conditions ac the time of bidding and for changes in the Work during construction. 5.1.3 Constmction Cus[ does no[ include the compensation u[ the .architect and Archi[ec['s consultants, the casts of the land, rightsu6way, ftnancing ur ocher costs which are the respem- sibiliry of the Owner as provided in Article i. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 It is recognized that neither the Archttect nor the Owner has control over the cost of labor, materials or equipment, over the Cumractur's methods of determining bid prices, ur over competitive bidding, marke[ or negotiating conditions. Accord- ingly, the Architect cannot and does not warrant or represent that bids ur negotiated prices will not vary from any estimate of Construction Cost or evaluation prepared or agreed to by the A¢hltect. 5.2.2 Nu fixed limit of Constmction Cost shall be established as a condition u(this Agreement by the furnishing, proposal ur establishment of a Projec budget, unless a fixed limit has been agreed upon in writing and signed by the parties hereoo. Fixed limits, if any, shall be increaxd in the amount of an increax in the Contract Sum occurring after execu[ion of the Contract for Constmction. 5.2.3 Any Project budget or axed limit of Constmction Cusr may be adjusted [o rellec[ changes in the general level of prices in the constmction industry between the dale of submission of the Cons«uctiun Dexumcnts to the Owner and the date on which proposals arc sought. 53,4 If a fixed limit elf c:onalrucdon Gost is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give wriaen approval of an Increase in such fixed limiq .2 authorize rebidding ur renegotiating of [he Project within a reasonable time; .3 if dre Project is abandoned, terminate in accordance with Paragraph H.3; ur .4 cooperate in revising the Project scope and quality as required w reduce the Gmstmction Corr. 5.2.5 If the Owner chooses to proceed under Claux 5.2.4.4, the Architect, without additional charge, shall mexlify the Ccm- tract Documents as necessary to comply with the fixed linut, if established as a condition o(this Agreement. The mexlifiraion of Contract Documents shall be the limit of the Arciri[ect's responsibility arising out u( the establishmen[ of a fixed limit. The Architect shall he entitled eo compensation in accordance with this Agreement for all xrvices performed whether ur not the Constmction Phase b commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 8.1 The Drawings. Specifications and ocher documents pre- pared by the Archi[ect for this Projec[ are inaruments of the Architect's servitt for ux wlely wi[h respect to this Project, and the Architect shall be deemed the author of thex dceu- ments and shall retain all common law, statutory and other rcxrved rights, including the copyright. The Owner shall Ix permitted to retain copies, including repnxlucible copies, of the Architect's Drawings. Specifications and other documents fur information urd reference in connection with the Owner's ux and occupancy of the Project. The Architects Drawings, Specifics[ions or other documents shall no[ be used by dte Owner or others un other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in defauh under this Agreement, except by agrecanent in writing and with apprupria[c compensation w the .4rehileQ. 6.2 Submission or dla ributiun ul documents to meet official regulatory requirements or for similar purpesxs in connection with the Projec is nol to be consorted u publirnion in deroga- tion of [he Archimct's rcxrved rights. ,,h ARTICLE 7 } ARBITRATION 7.1 Claims, disputes or other mauers in ques[ion between the parties w this Agreement arising out of or relating to this Agree mem ur breach thercuf shall Ix subject to and decided by arbi~ tratiun in accordance with the Cunumaiun Industry Arbiter tion Rules of the Anxrican Arbitration Assoda[ion currently in e(feta unless the parties mutually agree utherwix. Noarbitra- tion wising our of ur relating [o [his Agreement shall include, by consdidatiun, joinder ur in any other manner, an additional persexr ur entity not a party w this Agreement, except by writ ten consuu containing a speciftr reference to this Agrremem signed by the Owner, Architect, and any other person ur emiq• sought «> be joined. Cunxnt w arbitruiun Involving an addi~ bond person ur entity shall not constitute consent to arbi«a- tion of any claim, dispute or other matter in question no[ descrtbcd in [he wrinen wnsenl. The foregoing agreement to arbitntc and other agreements to arbhrate with rn additiorul pvnrrn nr vnruy Nuly cnnsemad «I by Ure paniee to this Agnx:- memshall Ix; specifically enforceable in accordance wl[h appli- cable law in any court having jurisdiction thercuf. 7.2 In nu event shall [he demanJ roc arbitration be made after the dare when inaiwriun of legal ur equitable proceedings based un such claim, dispute ur other nnuer in yuestiun would be breed by the applicable stattucs of limitations. 7.3 The award rendered by the arbitrator or arbi«ators shall be final, and judgment may be entered upcm it in accordance with applicable law in any court having jurisdiction [hereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either parry uptm no[ kss than seven days' written notice should the other piny AU DOCUMENT B151•ABBREVIATED OWNER~ARCIIITECT AGREEFIENT •TIIIaO EDITl7N•AIA~ •©1987 TIIE AME8ICAN INSTITl1TE OF ABQIITECTS, 1115 NEW YOftK AVENl1E, N W., WASIWGTON, D.C, ?nng6 8151-1987 A (ail subsuntially to perform in accordance wRh U+e tents of [his Agreement Uvough no fault of the pany initiating [hc ter- mination. 8.2 If the Protect is suspended by Ule Owner for more tttm 30 consectnive days, the Architect shall be compensated fa ser- vices perfomled prior to notice of such suspension. Whrn Ute Project is reswned, the Architect's compensation shall be equit- ably adjusted to provide for expenses incurred in the lntamp- tion and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less [ban seven days' written notice to the Architect it the even that the Project is permanently abandoned. If the Projec[ is abandoned by the Owner for more than 90 consecutivedays, the Architect may [ermimte this Agreemem by giving aTinen notice. 8.4 Pallure of the Owner [o make payments to the Archiect in accordance with this Agreement shall be considered substantial nonperformance and cause for [emtination. 8.5 If the Owner fails to make payment when due [he ArclU- tect (or services and expenses, the Architect may, upon sevrn days' written notice to the Owner, suspend pertormaneeo[ser- vices under this Agreement. Unless payment in full u racived by the Architect within seven days of the date of the notice, the suspension shall rake effect without funher notice. In the event o(a suspension ofservices, the Architect shall have no lability to the Owner for delay or damage caused the Owner because of such suspension ofservices. 8.6 In the event of termination not the fault of the Ardtitect, the Architect shall be compensated for services patterned prior w termination, together with Kcimbursable Expenses thm due and all Termination Expenses. 8.7 Termination Expenses are in addition to compcnsalfsn for Basic and Additional Ser.•ices, and include expenses wtuh are dhectly a«ributablc to termination. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall he gov- erned by [he law of the principal place of business of the Archlmct. 9.2 Terms in tius Agreement shall have the same meaning as those in AIA Document A201, General Conditions of tt>< Con- tract for Construction, current as of the date of this Agrament. 9.3 Causes of action between the parties «+ this Agreement penaining to acts or failures to act shall be deemed w have accrued and the applicable stawtes of limitations shat eom- mcnce to run not la[er than either the date of Substamial Com- pletion for acts or (allures [o act occurring prior to Subsumial Completion, or the date of Issuance n( the final Certifiote for 1'avnlent for acts or failures u+ act occurring after Substantial Cunyiletion. 9.4 T'hc Owner and Architect waive all rights againa each other and against the contractors, consultants, agerlu and employees of the other for damages, but only «+ the extent covered by property insurance during construction, exttpt such rights as they may have to the proceeds of such insurantt as set funk in the edition o(AIA Document A?01, General Con- ditions of the Contnet for Constmction, current az of the date of this Agreement. The Owner and Architect each shall regtUre sim9ar waivers from their con«actors, consuhants and agents. 0.5 The Owner and Ardtiect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement :md to We panncrs, suc- cessors, assigns and legal representatives of such other party with respect to all mvenan[s of this Agreement. Nei[her Owner nor Architect shall assign this Agreement without the wriuen consem of the other. 9.6 This Agreement represents the entire and integn[ed agrtt- ment between the Owner and Architect and supersedes all prior negoUa[bns, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrumrn[ signed by both Owner and Architect. 8.7 Nothing con[alned in this Agreement shall create a mmrac- tual relationship wi[h or a cause of action In favor of a third party against either [he Owner or Architect. 9.8 The Archiree[ and Archhect's consultants shall have no responsiblli[y for the discovery, presence, handling, removal or disposal of or ergwsure of persons to hazardous muedals N any form at the Projep site, including bm nor Kmired to aztxstos, azbeaos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expenx is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandamry and customary con- tributions and benefits related thereto, such az employment axes and ocher snmtoq' employee benefits, insurance, sick leave, holidays, vacations, pensions and sim9u con«ibutions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses include expenses incurred by the Architect in the inarest of the Pn+jcct fur: .1 expense of transponuion and living expenses in Corr nection with out-oflown «avel unhorized bi-. the Owner; .2 long-distance communications; .3 fees paid for securing approval of authorities having jurisdiction over the Projecp .4 reproductions; .6 postage and handling of Drawings and Specifications; .6 expense of overtime work requiring higher than regu~ tar ntes, if authorized by the Owner, .7 renderings and models requested by the Owner, .8 expense of additional insurance coverage or limits, including professional liability insurance, «•questcd by the Owner in excess of that normally carried by the Architect and Architect's cunsuhants; and .9 expense of computcraidcd design and drafting egwfr menl time when used in connection with the Project. • • AIA DOCUMENT BI51•ABBREVIATED OWNER~ARCIIITF.CT AGREEAfEr7f•TIIIRU EOITION•AIAO •©1987 5 6151-1987 TIIt. ASIERICAN IxSTITIITE Or ARCHITECTS, 1735 NEtt' YORx AVENIIE, N]C., N'ASIIINGTON, U C 31KK+G 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 M irtitial payment as xt foM N Pangnph 11.1 is ehe .ninimum paymcn[ undo this Agreement. 10.3.2 Subxquent payments for Basic Scrvicu shall be nude monthly and, where applicable, shall be in proportion [o xr- Wccs performed within ach phase of service. 10.3.3 If and to the extent that the rime initially esub4shed in Subparagraph 11.5.1 0( this Agrecmenc is excecdcd or ex• tended through no fault of the Architect, compensauon for any services rrndered during the addiuonal period of time shall be compered N the ananner xl forth h Subpangnph 11.3.2. 10.3.4 Whcn compensation d based on a percentage of Con- struction Cos[ and any portions of [he Project ue deleted or onc~rwix no[ conswcrcd, mmpcnsadon for thox portions of the Project shall be payable m the extern services are per• formed on chose portions, h ucordance with the schedule xt forth in Subpangnph 11.2.2, based on (1) the lowest bona fide bid or negotia[cd proposal, or (2) if no such bid or proposal !s received, the most recent preliminary cstimue of Conswction Cos[ or derailed esrLt[are 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 xcoum of the Architect's Additional Ser- vices and for Reimbursable Expense shall be made mondrly upon paaenution of the Architect's statement of xrvices rendered or expenses incurred. 10.5 PAYMENTS WRHHELD 10.5.1 Alo deducdons shall be made from We Architect's mm- pensa[ioa on account of sums withheld from payments to comract«s. ARTICLE 11 BASIS OF OOMPENSAl10N The Owner shall compensate the Architect as fo0ows: 11.1 AN INITIAL PAYMENT OF NONE Dollus(i _0_ shall be made upon cxccution of this Agreement and credited to the Owner's account a[ final payment. 11.2 BASIC COMPENSATION 1.2.1 FOR BASIC SERVICES, as described in Micle 2, and nary other xrvices included m Anacle 12 as par[ of Buic Services, Basic Compensation sha0 be computed as follows: r/rues r basrt of ca,npe.uaaorr. rndudrng rrrpJarw Turns. mWnp'rr rn perrnurylet. raN Nnu Jypfines lu wbrrb panrp,(gr rnerbolr °I rumµnrvrnrm apply. I rucevnn~.; COMPENSATION - STIPULATED SOM IN THS AHOIINT OF X33,000 PART A - STAND X19,700 PART B - SENIOR CITIZEN BIIILDING j18,300 11.2.2 Whom compensuion is baxd on a stipulued sum or percentage of C«lstruction Cost, progress payments for Basic Services in ruh phase shall total the fo0owing percenuges of the total Basic Competsation payable: /burn adAbwm/ pbaser ru uppropnaleJ PART A PART B TOTAL Design Phase: X3,675 X4,575 perecnt(25%) Zg,250 Conanraion Ikrcumen[s Phase: 7 , 350 9 , 150 percent 150 °~°) 16 , 500 Construction Phase: ~_~-67ra ,sir-rG percent (23_ /) 8 r 250 l'otal Buic Compenuation: 19 , 700 18 , 300 one hundred pcrcem (100%) 33 , 000 AIA DOCUMEM 8151•ABBREVIATED OW NER~ARCIIITECTAGREEMErrf•TFIIRD EDITION•AlA• •®1987 TIIC AMERICAN INSTITI)Tf. OF ARCHITECTS. 1735 NER' YORK AVENUE. N.W.. WASHINGTON. U.C. ?7006 8151-1987 5 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROj F,CT REPRESENTATION BEYOND BASIC SERVICES, u described N Pangnph 3.'--. compensation shall be :ompmed as follows: None anticipated. If required, will be based on hourly rates listed below. 11.3.2 FOR ADDITIONAI. SERVICES OF THE ARCHITECT provided under Anicle 3 or identUicd in Anicle 1?. compensation shall be compured as follows (In+en Ms+s o/ comprnsnnon mUwrmg ralef ardlOr mul(iples a/ Drrecl P[rfonnN EiJlenfe IOI prln[rpafr and erllplaNtYS, and ultnn/V Nr+nCrpuis o.W clam/t~ rmplgvees. i/ requved Idenu/y sped/k serves ro ubic6 partlcular merbwlr o/compnswr+on apy:p. 1/ nncexsan~./ "Services" sheet, dated January 1989 is attached hereto and includes hourly rates for Additional Services, only when authorized by the Owner. • 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, inrluding additional swctunl, mechanical and elec[ncal engineering scr vices and [hose provided under Anicle 3 or idenuGed in Anicle 12 u pan of Adduional Services, a multiple of One ~ two tenths I 1 . 2 ) [ones [he amounts billed to [hc ArCtri[eCt for such services. (lderur(y spKi/¢ rypes o/ consutanrs m Article !I, i/ requ.rrd.1 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, u described in Paragraph 10.2, and any other items included in Anicle 12 as Reimbursable Expenses, a multiple of One b+ One tenth ~ 1 . 1 1 tuna the tltpenses incurred by the Architect, [he Arct[i[ec['s employees and rn[uultan[s in the interest of the Project. 11.6 ADDITIONAL PROVISIONS 11.5.1 IFTtIEBASICSERVICEScoveredbythisAgrecmenthavsnottxencomple[edwlthin twenty four l 2Q ) months of [hc date hereof, through no fwh of the ArdUtect, ex[daion of the Archrtect'S srnlces beyond that time shall be compensated as provided in Subpangnphs 10.3.3 and 11.3.2. 11.5.2 Payments uc due and payablt th ~ r t days from the dace of the Architect's invoitt. Amounts unpaid th i rtYy days aher mvot>;e date Stall beu [oteres[ from the date payment is due a the me ,accred below, or in [he abs2ncc thereof, a the legal n[e prevailing Gom time to time a the printlpal place of business of the Architect. (Iruert ony tae of imer<sl agreed upon.) ([ISUrv lau~s and rrqu.remenu uru4r rbe FeMal Trurb +n Le.dmg AG. srmrbr tlae and IorW cacumer credit brut and orbs rerlulanoru ar rbe UumerY and ArcDi~ IKl'[ pnnc+pa/ plaCC3 O/ DafrrteS t. Ibe IOCallan O/!be prOlKl aM N1eWbere ma,Y a/JKf rbe Itlll~lY OJ (brr proNSIM Speer/ic regal udorw sbodd be obminK( u+rD eslecr ro de/rno.u or moth/~carions. and ako regarding regwremmis rucb a< unnm disGOSr.rs or wauarr./ 11.5.3 The aces and multiples sc[ forth for Additional Services shall be annually adjusted in accordance with normal salary review pnctlcu of dx Ardtitcct. AU DOCl/Y[iM Ot61•wBRREVInTED OWNER-ARCHITECT AGREEMFM•7lnRD EDfT10NrAUe •®19a7 TI[E AMERIGN mSTlTlrrE OF ARCHITECTS, 1735 NEw YORK AVENUE, N.W., WtiS11WGTON. D.C- 30006 8161-19t17 7 ARTICLE 12 OTFIER CONDITIONS OR SERVICES • (Innvf Jets rl/~l~ns ./ allxv nar d<et, IAenIQp Addlllpnnl femArt /nduJ.W ubb(n /kale rbnr/xnnJlun mW n¢xIi/IUJluns n• 1la~ pglvnvrJ anJ mngx+nnfirn In nu mduJ.•AIn 164 Agr n~nuvrf J PROJECT DELIVERY: It is understood that the Preliminary Design Phase S Construction Document Phase should be completed as soon as practicable. The Construction Phase will probably be delayed until the next budget year. The Otaner has the choice of bidding these projects individually or together. • 'I'hls Agreement entered Into as of the day and yea Rrst wrluen atxrve. OWNER~~VILLAGE OF~NORTH PALH BEACH • (Slgrlnhne) V. A. Marks, M. D., Mayor (!'rinut! nonrp nru! Iltl.) ARC ECI'P BEACH DESIGN GROUP, INC. --- Slgrlnfure) R.M. ARSENICOS (lllnkel ruune nnA tll6rJ PRESIDEN'P AU DOG/PENT BIN •ARRREVUT¢DOWN¢R~ARCIII"Cl GREEMEtiT~T111RDP.OITIQN•AIA~ •®1987 BFIl1-087 (f '111N AMERICAN E OF ARCIIITECTS, 1715 EV RK AVEN{!•_, Nw.~ WASIIINGTUN, O.L. 2IX106 ATT~• ~ ~~.._ ~., _ ei/„~~ Village Clerk - 7 ~~_ ~~ BERVICEBs TIIE ARCIIITECTURAI. 6ERVICE9 MAY TRADITIONALLY TIIEY CUNBIBI' UF: • JANUARY 1989 UE U1VIUEU INTO MAtIY PARTS. I PRELIMINARIES (HAY BE DIVII)EU INTO BCIIEMATICS b DESIGN UEVEI.OPHENT) II CONSTRUCTION DOCUMEN7'9 IIt BIDDING OR NEOUTIATION PIIASE IV CONBTRUL'TION CONTRACT' ADtlltilS'i'RAI'IUN SERVICES HAY BE PERFORMED H1TI1 COtiPEN8A1'ION CUMPUI'ED UPON ONE of 771E FOLI.ONINO BASIS: A. PERCENTAGE OF CONSTRUCTION B. LUMP 8UH C. PROFE88IONAL FEE PLUS UIREC'f COSTS D. IIOUALY BA818 HE HIL.1. NEGOTIATE ON ANY OF TIIE ABOVE NEI'IIOUB. HE IIAVE FOUND 7'11A1' N08T CLIENTS PREFER TIIE LUMP 8Ut1 ME'f110D, IIONEVER, IT I8 VERY DIFFICULT TO DETERMINE TIIE SCOPE OF NORK BEFORE PREI.IMINARIEB ARE COMPLETED, 80 NE USUALLY PROVIf)E TIIE PRELIMINARY BERVICEB ON AN IIOURI.Y BR91S CONTRACT ANI) 'fIIEN PROVIDE EACII PIIABE OF TIIE REMAINING BERVICEB ON A LUMP 6UH BA8I8 FOR EACtI PHASE. RATE_9: OUR NORMAL IIOURLY RATES AREs PRINCIPAL6 - - - - - - - - - $90.00 PROJECT ARCIIITECT - - - - - - - - - - $75.00 TECIINICAL STAFF I - - - - - - - - - - - $60.00 TECIINICAL STAFF ~II - - - - - - - - - - 550.00 TECIINICAL STAFF III - - - - - - - - - - $40.00 TECIINICAL STAFF IV - - - - - - - - - - $30.00 SECRETARIAL (HIIEN DIRECTLY ASSIGNED) - $25.00 CONBULTANTB (VARIES - BINII.AR TO ABOVE) REIMBURBABLE81 t3ENERAL.LY AT DIRECT C08T9 PLUG IIANULIt10. CONBULTANTB AT COST TIHEB 120$. NIIITB PRINTS 16 x 24 - - - - $1.00 24 x 36 - - - - $1.50 30 x 40 - - - - $2.50 PIIOTO COPIES 8-1/2 x 11 - - $ .25 B-1/2 x 14 - - $ .3U 11 x 17 - - S .50 BILLIN08s TIIESE AAE MADE MONTHLY AND UUE IN TEN (!O) DAYS. ACCOUNTS OVER 30 UAYB HIL4 BE CIIAROED A SERVICE CNAROE OF 1-1/2$ PER MONTII = 10$ PER ANNUM. ARCHITECTURE PLANNING DESIGN CONSULTATION 0 0 0 co N co n 0 v o_ M J w O u sn J a 0 ci J m U 0 N U Z n:' O a Z (7 t~i x UQ W m Q a