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1996-046 Public Safety Facility Design Agreement• RESOLUTION NO. 46-96 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO SIGN AN AGREEMENT WITH GEE & JENSON,ENGINBERS-ARCHITECTS-PLANNERS, INC., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR THE DESIGN OF A NEW PUBLIC SAFETY FACILITY FOR FIRE/EMS AND POLICE OPERATIONS FOR THE VILLAGE OF NORTH PALM BEACH; 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 with Gee & Jenson, Engineers- Architects-Planners, Inc., attached as Exhibit "A", which agreement provides for • the design of a neap public safety facility for Fire/EMS and Police Operations for the Village of North I':ilm Beach. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute tl~c Agreement with Gee & Jenson, Engineers-Architects- Planners, Inc., set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section_3. Phis Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTfiD "I'IiIS 27th DAY OF June (Village Seal) 1996. e~i~c°%~a c~ MAYOR • ATTEST: -- --- i Village Clerk Standard Form of Agreement E~tween Owner and Architect AIA Document 6141 -Electronic Format AGREEMENT made as of the 29th day of April in the year of Nineteen Hundred and Ninety-six. BETWEEN the Owner: (Name and addreuJ VILLAGE OF NORTH PALM BEACH 501 U.S. Highwav 1 North Palm Beach. FL 33408 and the Architect: (Name and addrearJ GEE & JENSON Engineers-Architects-Planners.Ine. One Harvard Circle West Palm Beach. FL 33409 For the following Project: (Include derailed deacrlprjon ofPrajecr, loeallon, addrear and acope.j The arouosed building will be anuroximately 24.000 Bross square feet based upon anticiaated nroaram requirements. The Owner and Architect agree as set forth below. THtS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF TH[S ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 19G1, 1963, 1966, 1967, 1970, 1974, 1977, 1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006-5292. Reproduction of the material herein or substantial quotation of its pr~s without writlcn permission of the AIA violates th< copyright laws of the Vnited Stales and will be subject to legal prosecution. w1A DOCUMENT BI{I - OW NER~ARCHITECT AGREEMENT - FOURTEENTH EDITION . wIA COp YRIONT Ip1] . iNE AMERICAN INSTITVTE OF ARCHITECTS. 1)y3 NEW YORK AVENUE N.W., N'ASHINOTON. D.C, r0p063393. WARNING: Velicen«A pbomcapym{ rielnn l' 3. <epyrgN hn uJ i< auEjox] ]o Igtl pre<aWion. T61< Ao<um<nl r« tlmmninlly prnEuuE Under lieens<numb<r 1p960011]p<nA«nb<<<prneutte rilbeu]uioluion anal loq{M{. Electronic Document Service B141-1987 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES ~,~,~ The Architect's services consist of those services performed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. 1,1,2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services • which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, •nicchanical and electrical engineering services 2.2 SCHEMATIC DESIGN PHASE 2,2,1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2,2,2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the OYVner alternative approaches to design and construction of the Project. 2,2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2,2,5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.7 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architoct shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. AIA DOCUMENT BI<1 ~ OW NER~ARCHITECT A00.66MENT • EOURTEENTN EDITION •AIA • COPYRIOXi 1911 ~ THE AMERICAN INSTITUTE OP ARCHITECTB, 11)3 NEW YORI( AVENUE N.W.. WASHINGTON. D.C. 10006~S19i. WARNING: Vdi<m«0 pholeropyin8 vl<Iflo U.B. <opyri6ht Ivf vnO if fubj«I le 1<8J prole<vlisn. TW Oa<umrnl wu tl«veninlly yro0u«0 un0u lic<m< numb<r 1 0 9 6 001110 un0 un b< «pm0u«0 without vieltlion pniil 10/16/96. Electronic Document Service B141-1987 2 2.3.2 The Architect shall advise the Owner of any • adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. •2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE--ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date ~f Substantial Completion of the Work. 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, curient as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due, and (2) as an Additional Service at the Owner's direction from time to time during the correction period described in the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect shall keep the O~Aner informed oC the progress and quality of the Work, and shall endeavor to guard the OTwner against defects and deficiencies in the Wo[k. (afore exrensfve site representation may be agreed fo as an Addltiono! Service, as described in Paragraph 3.1.J 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since AIA DOCUA(ENT BIOI OW NE0.~A0.CHIT6C1 AGREEMENT - FOU0.TEENTH EDITION -AIA • COPYRIGHT 190) THE AAIERICAN INSTITVTE Oi ARCHITECTS. IyOy NEW YO0.R AVENUE N.W., WASHINGTON. D.C. 30006-5193. WARNING: Uvli«m<0 pbam<apyle5 rlalna V.S. <apy<ipA11w< nn01r <rbj<c11e ly<I prat<emine. T1i< 0e[umenl vu <I«vnnic<Ily pro0uc<0 under lic<mr numbo 1096001010 nn0 un b<rtpra0ua0 ricM1nul vlolntion until 10/16/96. Electronic Document Service 8141-1987 3 these are solely the Contractor's responsibility • under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. 1'he Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.a Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify •the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for .Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. 2,6,12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent AIA DOCUMENT 8191 - OWNER-ARCHITECT AGREEMENT -FOURTEENTH EDITION -AIA • COPY0.10Hi 190] -THE AMERICAN INBTITVTE OF ARCHITECTS, 1]0y NEW YORK AVENUE N.W., WASHINGTON. D.C. 10006009]. WARNING: Unlinnud pM1em<opyl05 vlel9tu V.0. 99pyrISAI hn and h FubJ<d to Igtl proumdm. TM1Ia 89<umenl or deelrani<Jly produced undxr littn0r number 1096001]0 rnd <m be nproduo<d rirhem vielrtian mril 10/16/96. Electronic Document Service B141-1987 4 required by the Contract Documents. The • Architect's review shall not constitute approval of safet}• precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.5.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment • in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.5.16 Interpretations and decisions of the • Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.11.17 The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.16 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. 2.6.19 The Architect's decisions on claims, disputes or other matters, including those in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph 2.G.17, shall be subject to arbitration as provided in this Agreement and in the Contract Documents. INSERT A Note: See Attachment A for work effort included in Basic Services durine Construction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services AIA DOCUMENT Rlel - OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION •AIA • COPY0.10NT 1999 - TH6 AMERICAN INSTITUTE OF ARCNIiECTf. 1913 NEW YORK AVENUE N.W., WASHINGTON, D.C. 50006~A9S. WA0.NIN0: U^limm~0 phole[opyinp rie4lu U.E. <spYrIEM 4w, •n0 6 nubJur to Ignl prote^ulieE. Thit 0eemwl r„ tl¢veniutly pm0uw0 un0<r lions<numba 1096001(10 m0 un be r<proOuaeG w'itheut vi9hlien m1i110/16M6. Electronic Document Service B141-1987 5 described under Paragraph 3.3 are not required, •lhc Owner shall give prontpt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 ]f more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Ovener and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. •3.2.3 Through the observations by such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agrccmcnt. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: ,~ inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; • .2 required by the enactment or revision of codes, laves or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 5.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 3.3.8 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work.' 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. INSERT B 3.3.10 The parties do not contemplate contingent AIA DOCUMENT BI9I ~ ON'NE0.~ARGNITECT AGREEMENT ~ FOURTEENTH EDITION •AIA • COPYRIGHT I9r9 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1)15 NEW YORK AVENUE N.W.. W'AENINGTON. D.C. tpp06~SE91. WARNING: Uvliun..E pnere<epy1AE vleluu U.E. ropYrlFM1t Im ,n<6..gsn a I<Etl preae<uJan. Tn6 Eenmem ~.. eteonnl<Jly prodvue un«rlinmr numen 1995apIQ9 mL On Dr npreOuttE Vigom rl9laion uo1111E/16/96. Electronic Document Service B141-1987 6 additional services and costs thereof must be • agreed to in writing by the parties prior to such additional services being performed 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of • drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. • 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. INSERT C 3.4.21 Optional additional services shall be at the sole discretion of the Owner. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability; special equipment, systems and site requirements. 4.2 The Owner shall establish and update an overall budget for the Project, including the AIA DDCUMENT 8191 ~ OWNER~ARCNITECT AGREEMENT iOURTEENTH EDITION ~ AIA • COPYRIONi 1911 ~ iH6 AMERICAN INSTITUTE OF ARCHITECTS, 1153 NEW YORK AVENUE N.W., WASt1INOTON. D.C. T0006~53ffi. WARNING: Unlinn5<E pbom<epyin{ riohtu V.b. nopyrl{AI 19x9 uC 19 9abjw N IqJ pmernien. Tbir b0<YmrRl ru eleareni<d~y proEU«E Under li<rnre number 1096pbIQ0 mL Onb<rcprobuttb rirbom viehlion rnlit to/16/96. Electronic Document Service B141-1987 7 Construction Cost, the Owner's other costs and • reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, • encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 The Owner shall furnish the services of geotechnical engineers when such services are requested b}~ the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing ~alucs, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate processional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such sen•iccs are reasonably required by the scope of the Project and are • requested by the Architect. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. q,g The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. The Owner shall not request certifications that would require knowledge or services beyond the scope of this Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of AIA DOCUMENT B111 - OWNE0.~A0.CHITECt A00.EEMENT • fOURTEENTN EDITION •AIA - COPYRIGHT 19{1 -THE AMERICAN INSTITVTE OF ARCHITECTS. 11)) NEW YORK AVENVE N.W., WASHINGTON. D.C, )p406~3191. WARNING. Unlittn)oE pM1alnwpyin{ vielnu V.S. ppyri{M1l hn uE 6 9uDjenl U Irpl preunlloo. TEIo {ooumnl w~u Ae<bonlnlly pmEUU! WiE<r linmr numEa 109600100 mL un Ee npmGUCrL vilEnul via4tion until 10/16/96. Electronic Document Service B141-1987 8 bidding and for changes in the Work during .construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or .negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. r ~ L_J 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: •~ give written approval of an increase in such fixed limit; ,2 authorize rebidding or renegotiating of the Project within a reasonable time; ,3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or ,4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Contract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS g,~ The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall AIA DOCUMENT BII I ~ OWNER~ARCHITECT AGREEMENT ~ FOURTEENTH EDITION •AIA • COpYR10HT 1911 • THE AMERICAN INSTITUTE OF ARCHITfiCTR, 1)l9 NEW Y00.K AVENUE N.W.. WASHINGTON. D.C, I0006~3391. WARNING: Unliuenup pbouropYiu{ vloluu U.b. <epyN6hlln, unA b Iubjm b hpl pnu<utiou. Tbb pocum<ul ru <I«meninlly pmEUC<0 unA<r littn:< numbs 1096001tl0 unA un be npr<Auc<0 rRM1oul violnioa until 10/16/96. Electronic Document Service B141-1987 9 retain all common law, statutory and other • reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information altd reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall no[ be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in Tvriting and with appropriate compensation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Glaiuts; dicputgs ^~ho- a.a ^ ltora-n~ugstien betweetl~lte-pa~hiP.. • A--.o~h;~".~_- -----'• _....:ng~ut of-or-relating-t.,~ ~ e ~ ch-lhoreof shall-be--cubjeei-tom 'lraliett--in a~ordance--wil~t~hg--CeF}st.., ,a ^ oz.,,<_.^^ r^dustr~] ArbiNation-Rna n-Arbitralien Assoeiatien~urrentl;=ir, of.ooF~^•~+nless.-the-parties muf ua I l ya gree,-other~vi s~ 7.2 demand-for~trbitration-sn tt,Q..~ „-f:l~a-,'n-writing with--the--otter ^~~,Q,y~;--t;~ a '*h the ~4n}grican-.4rbitra ' nd for~rbitraiion-shall-b a '~ u' ~a lime-after-tltc~l..:,, a' * u ,alter-itt quostion-has-arae,:,^.-? n,o~vgnt~ ]tall~lFg deutand for-arbilrato-n~eauad., «ft.,, ,!._ a_._ ..?:_.. institution ~f-legal-0r-egtttta on-such-claim; dispui n would~e-bar-rcd~~-the-appli.P a bl~slatutes-ef limilations- 7.3 ~o~rbitration-arsi.~-~;~-~,-,aa':^..,.s to~h;9° Agrccmcnt~hall-inoludg,-by~ensolidatien; jeindoF or-in~n~-other-ntanncs, ~~.,.-..do.,.o~:•:^ :al-pcraon-eF .entity-not a-parr-tc+-this-Agrcement~xsgpt-by written-sensent-seniai :,.s- •r F e .*I.e-*+s.r>rin~n+-sa ] est; . .~_ 0 arbitration-0r t a• ,ti , question-neF a •t, a t, necrtt-0r ,:.,.-•~",-a-po ao•-ter °~.••.tT-.>ot-...., '„o.•~,-doo.,,-;o.,d fl. e.e:^ T/. F '~,b 5.,.~ t.. ate-and .=aa..~v-a+v.aF tho.~s ti,• ' ' t. 'anal cnrs-.vgreement le having- jurisdiotien-iltcree~ 7.4 ~'-he-aiv •~ ••a a i, ti t,• t a •, a e^..., t, TF°n°7•- am ~ gntCFgd~Fj3B11'It-F in-any-eo ur~'-havns~~it:ilistien--theresf, ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 6.2 IC the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide For expenses incurred in the interruption and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. , 8.4 Failure of the Otvner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and AIA DOCUMENT Bltl - OWNE0.~A0.CHITECT AGREEMENT -FOURTEENTH EDITION - AIA • COFYIUGHT I•t] .THE AMERICAN INSTITUTE Oi ARCNITECT9. 1])1 NEW YORK AVENUE N.W., WA51)INOTON. D.C. 50006~S191. WARNING: Uvlicsnmd phol•opyinp Yi•hl<, U 3 np,l,gl Iv, and i< my«I a 1<pl p•,ar]i•n. Tbi] E•amm v,] J<nroninlly pmdu«d undo tic<m<numb<r 1096a01•]0•nd on b<r<pmduud rilhout viol,lion umil lpll H96. Electronic Document Service B141-1987 10 cause for termination. • g•5 If the Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Otener for delay or damage caused the Owner because of such suspension of services. g•g In the event of termination whether or not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due-and$A=ferminatien--Ex$ensgsas-dg€ined in-Paragraph~~. 8.7 -Tcrtnnatie-n-Irx-P compensa,:,...,o,.o,-,.~ nas•,:.-.;r,.,Te,oota:,ional~ervisesT and--i ncla attfibutable,~e-icr$rina ' steal l--bc--corn pated~ • GOm-pen$8tre^ r[.~~_,or.,9T2'S. Ser-vases--ear-ned •^~o-.::o~-.~ •: ue ..e .e...,:.,9.:,... >° follows: .1 -~ , c t< ....et compo.>~, r u ,t eaa• t Se~wses~a-rngcl~ eccurs~cfere-er~..:i; ^ ,t•~ ..•~aen ~:.e analysisor~ehentata ; ,2 ~' al~onrpe;.usa~ien for--Basic~nd-A.dd-i • to-daaA.>-,F ..,,-,.a. rirra ' Design-Devglepnrertt-P-Itase-er ,3 ~iv~-perceot~f--thc--toi.al-csm}tertsatien for-Basisand -,4dd itional-Service s~artted to-date-if~o.,..,,m ,,..,-io^^~cet •„~;r,ng-a•^T snbsoquent-phac~ ARTICLE 9 MISCELLANEOUS PROVISIONS g,~ Unless otherwise provided, this Agreement shall be governed by the law of the principal place • oC business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall cgmmence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. g•5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to ell covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. g•g This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. g,~ Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Ownei or Architect. AIA DOCUMENT PI<1 - ON'NE0.-ARCHITECT AGREEMENT -FOURTEENTH EDITION •AIA • COPYRIGHT 19S) • TH6 AMERICAN INSTITVTE OF AACNITECTb, Il)f NEW YORK AVENUE N.W.. WASHINGTON. D.C. 300063193. WA0.NIN0: Unlicem<E pM1alaupyini Tiol[<u V.S. upyr1S61 Iv< <nE 1< rvnj«<[n l<6J proumi<n. i\i< Ao[umml wu d«Imnlully proau«a una<r n[<m[ numEer 1096001<10 <nG nn e< r<prueu[<a wlmont vrol<a<n mfil IOn Sros. Electronic Document Service B141-1987 11 • g.g Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. g•g The Architect shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promotional materials for the Project. • ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES INSERT D (See Article 12.3) 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants in the interest of the Project, as identified in the • following Clauses. 10.2.1.1 eciaon Expenses, authorized in advance by the Owner, in connection with salherze~ out-of-county -teu~n travel; long- distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. 10.2.1.3 , n 10.2.1.4 Expense of renderings, models and mock- ups requested by the Owner. 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. 10.2.1.6 d nnectieFr with-the-P-rejost: 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is excoeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not AIA DOCUMENT BI<1 - o WNE0.-ARCHITECT AGREEMENT - FOURTEENTH EDITION •AIA • COPYRIONT Ibil • THE AMERICAN INSTITUTE Oi ARCHITECTS. 1)53 NEw YOBS: AVENUE N.w., WASHINDTON. D.C. ]0006.5191. WARNING: Unliceme0 Pholo<opYinS rlolnu V.S. <upyri66t Iv< un0 b nobJ nxt w lgol p+n5<ntion. Thb do<um011 vu V<amni<r11Y proEu«d under lic<m<numbv 109600100 mA«nb<r<pro0u«E rirheut vialtlion unti110/16/96. Electronic Document Service B141-1987 12 constructed, compensation for those portions of • the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's compensation on account of penalty', liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.5.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION • The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of N/A Dollars ($~ shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: yrrxn~mi:vf-cv,npn.ree ~ nrnp.=,-v compenmtierroppl~if-rteeerrary:j Lump Sum based on 7.5% of Construction Cost estimated at S2 700 000• 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: ({naerr nddirionoFphexreavpptvprlMe~ '!(Final Construction Coss exceed 52.800.000. the lump suns Jee is to be rrnegotialed aeeordinc to the AIA Fee Schedulefor "Structures o1'Excepliona(Character and Complexity ojDes~". /oltochedl. Schematic Design Phase: Approz 14% - 528.350 (includes police/public sQ/ety subconsultanf assistance/overview during Schematic Design Phase esi n Develooment Phase: 20% - 540.500. Construction Documelr(s Phase' 40%- 581.000. Bidding or Negotiation Phase' S°/p - 510 l15 • Constructial Phase: See Auachmenl A (10 month cons[. period): 21 °/p - 541.515 • AIA DOGDMENi BI.1 . ON'NER.ARCNITECT AGREEMENT • FOURTEENTH EDITION -AIA • COPYRIGHT 1111 -THE AMERICAN INSTITVTE OF ARCHITECTS. 1115 NEW Y00.1: AVENUE N.W., WASHINGTON. D.C. 30006.339]. WARNING: Unlicrm90 p0ate<9pyin~ vi9luu U.p. sopyripE, Lva m0 b wtpq Io IepM P,9,999,i90. nH 0o<umW vu Jrnr99iully pro0u«0 m0v lia<me numeu 1096001110900 on b, nproAU090 ~i1h9ut vi91tti999n1i110/16/96. Electronic Document Service B141-1987 13 Tora! Basic Compensation -Lump Sum Fee• one hundred percent (100°/g! - %101 S00' • Schematic-Desig+t-P-has~ "°"' r -°~ Design-Development-P-hast'~ °"=-c 0/~ Gonstwction-Desumcnts-1]-haste "°..« r Bidding-or~legotiation-P-has~ pR~~-c %) (;On6lr11GliOri-P-hat:G= °"' t Total-Basic-.ompcnsatic+n .,° ti,,..a.°a ..°."°...tt nnoi~ 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be computed as follows: Sec Article 12 for additional on-site representation (vet Art. 3.2) A Provide increased on-site representation durinit construction -field rep $55/hr. For on-site r~resentation bevond Basic Services of 4 hrs. ave. vet week. Example• If Owner requests 16 hrs/wk eve on-site representation $55/hr x 12 add'1 hrs/wk above Basic Services x 43 wks ~ +$28,380. • B. Provide interior design services for movable furnishinlts and equipment (design throueh installation) 7.5% fee of furnishings/equipment costs C Provide police/public safety design sub-consultant bevond Schematic Design Phase. D Provide additional colored renderings of the facility, other than that described in 12.1, $3,000.00 each. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: per Attachment "A". met hod s-of-compensot' See Article 12 for "Pre-Design Analvsis" (per Art. 3.4) Lump Sum Fee - $15,000.00 17.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article C~ AIA DOCUMENT 8111 OWNE0.~ARCHITECi AGREEMENT . TOU0.TEENTX EDITION ~ AIA • COPYRIONT 194] ~ THE AMERICAN INSTITUTE Of A0.CNITECTR, 1]]d NEW YORK AVENUE N.W.. WASHINGTON, D.C. }00063]91. WA0.NIN0: UMinmcd phnmcnry{o~ violllu U.S. topYriSAt Irve •nd b Ivblea Is Iqd yrou<urien. TEit dncuminr ru aIc[bnniully produced undn lrt<nu numb[r 10960011101nd e[n be nprodu«d vilhnul vinl[rion ualil ld/IdNd. Electronic Document Service B141-1987 14 12 as part of Additional Services, a multiple of one point one ()~ times the amounts billed to the • Architect for such services. (identify-apecifrc-e}pea-ofrolrrnfmntrrn ;4rticle-i3-ifrestvtrcd f 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one (1~ times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within the time frames set forth in Article 12; 12.4, { ~ ^~^-•~^ ^r •~•- a=•- u---^r, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable thirty (3~ days from the date of the Architect's invoice. +4meunts unpaid- -( , in~he~bscncc-tll ihc-Architect: (/naert rate of fntere.rr agried upon.) Owner agrees to pay invoices within the time frame specified in Section 218.70, et sea.. Florida Statutes. the 'Florida Prompt Payment Act'. • rhe~mne,',-~aad-,I,rhff drEC1 11.5.3 The rates and multiples set forth for Additional Services shall be annuall}~ adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (/n nmfianvnd+nedyiemrorrr-teYhtpaJmenrzrml comprmaNOrrTCrm:tincl vdedirNlm-~}greementJ 12.1 Per Art. 11.3.2 (3.4) Optional Additional Serivices. the Architect shall provide a "Prc-Design Analysis" Report which will establish the basis for the design, and reconcile the arolect's budget with the project's program. Pre-Design Analysis Phase will include the followine: Pre-Design Project Analysis Phase: 1. Based on the 1987 and 1994 Space Programming Studies: a. Meet with Village staff to determine what additions and/or modificatio_ ns to the building program are needed, considering: '87 and '94 studies were drafted mostly without a new freestandine building in mind, but rather renovations and additions to existine facilities. The coals and objectives for this project may have changed including operational/ technology considerations. b. Develop the final Building Program. • _ 2. Apply the building space requirements to create land development criteria (landsca ip ne. parking, AlA DOCUMENt B111 ~ OWNER~ARCHITECi ADREEMENt • FOURTEENTH EDITION •AIA • COPYRIOHt 1911 ~ THE AMERICAN INSTITUTE OF ARCMITECTt. 1113 NEw YORK AVENUE N.W.. WAEHINDTON. D.C. ]00065391. WARNING: Uvlio<m<E phole<epYIR rlel~tet U.E. sopyrlihl hw'~ ~nE Is fuEj¢1 le bpl pwrcaien. iEU Eeom<~1 ru tlnvaniu0y produced unE<r li«ns<numba 10960p1tlp Ind un E<¢proAuttE rilhom viohlien •Mi11E116196. Electronic Document Service B141-1987 15 s~lc and anticipated quality level (relative to the project's initially and life cycle cost) 4 Based on the criteria established in Items 1 thru 3, develop a preliminary project cost estimate using historical data. 5 Revise 1 thru 4 as required to meet bud¢etarv requirements. 6 Provide a conceptual artist's renderin¢ of the facility. 7 Package Items 1 thru G into the "Proiect Analysis Document" and present it to the Villa¢e Council. 8 Police/Public Safety Subconsultant Assistance/Overview Subconsultant selected by mutual a>;reement between Architect and Owner. 12 2 Per Art 11 3.1 (3 2) Proiect Representation Beyond Basic Services, the Architect shall provide more 12.3 Reimbursable Expenses: As per Art. 10.2 Reproductions for Project Analysis Document & Presentation Reproductions for Sch. Des Des Dev. and Const. Docs. Submittals, includin¢ Interim Review Submittals Reproduction of Dratvin¢s and Specifications for Biddin¢ and for approving agencies Permittin¢ Fees Postage of Submittal Documents Not to Exceed without prior approval allowance - S25,000 1.3.3. 12.5 Time of Performance _ Scove Item Calendar Days to Complete _ __ 1 Pre Design Analysis - 60 (Plus OWNER review time) ___ 2 Schematic Design - 35 (Plus OWNER review time) __ __ 3 Design Development - 35 (Plus OWNER review time) 4 Construction Documents - 49 (Plus OWNER review time) G Construction - 301 (43 weeks est. constr. contract period • AIA DOCUME NI Blel ~ OW'NEA~AECHITECi AOREEMENi • FOURTEENTH EDITION •AIA • COIYRIONT 19{] • THE AMERICAN INSTITUTE OF ARCHITECTS. ITy3 NEW YOET: AS'ENL'E N.W.. H'ASHINOTON. D.C, 100005090. WA0.NIN0: Unlicmu0 phemcOpyln{ vlelUa V.E. npyri{M Irvu mE it puhJel le Igtl pnucmien. Thil do<um<ul ru pl«Venlnlly proAuc<A undo Iii<m<numbo 1090001e ]0 <n0 an be uproAua<0 rilhow viol«ien vnlll 10/I S/96. Electronic Document Service B141-1987 1G This Agreement entered into as of the day and year first written above. • OWNER ARCHITECT yi_G~ ~~7~.~ T ~ (Signature) h (signarNre)Tbomas C. Orlowski. Sr Vice President VILLAGE OF NORTH PALM BEACH 501 U.S. Hiehwav 1 North Palm Beach. FL 33408 (Frinted name and IirleJ ATTEST: /~ age C er s • • GEE & JENSON Ene ine ers-Architects-Planners. Inc. One Harvard Circle West Palm Beach. FL 33409 (Prlnfed name and fif(e) AIA DOCUMENT Elel - OR"NE0.-w0.CHITECT AGREEMENT • FOU0.TEENTH EDITION • AIA • COPYRIGHT 1911 • THE AMERICAN INSTITUt6 OF ARCHITECTS, 1155 NEW YORK AVENUE N VJ., WASHINDi OY, D.C, Io0e6~5393. WARNING: Uelicfns<d phofo<opyin{ ylolU<f U.E. <epyri{h1 hvf end 6 Wbj<cf fo I<pl pmx<uti9n. Thif decum<nl vu <I¢vonially preduttd undo liunx number 1096001/10 and nn b<nproduttd viNOUf uieluion mlil ton {96. Electronic Document Service B141-1987 17