HomeMy WebLinkAboutR-1994-022A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
AGREEMENT DATED THE 14TH DAY OF FEBRUARY, 1994,
BETWEEN THE CITY OF DANIA AND ANTHONY ABBATE, AIA,
FOR ARCHITECTURAL SERVICES TO BE RENDERED FOR THE
NYBERG-SWANSON HOUSE PROJECT; AND PROVIDING FOR
AN EFFECTIVE DATE,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That the Agreement dated the 14th day of February, 1994, between
the City of Dania and Anthony Abbate, AlA, for architectural services to be rendered for
the Nyberg-Swanson house, a copy of which is attached hereto as Exhibit "A", be and
the same is hereby approved and the city manager is hereby authorized to sign the
acceptance thereof.
Section 2. That all resolutions or parts of resolutions in conflict herewith be and
the same are hereby repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED and ADOPTED on this 22nd day of Februarv , 1994.
d llqu
ayor - Commissioner
ATTEST
City Cle ditor
APPROVED AS TO FORM & CORRECTNESS
*.-J cBy:
Frank C. Adler, City Attorney
RESOLUTION NO 22-94
(This page blank)
2 8161-1977
AtA DOCUMENI 8161 . DISICNATIO SERVICIS ACRTEMENT. NOVEM8I.1977 aDlrlON ' AIA @ ' @ 1977
itii -alriiic.rN rNsTrrurt ot ARcHtltcrs, 1715 \tw YoRK AvtNuE. Nw \\'^srilNcToN. Dc 2m(
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document 8161
Standard Form of
Owner and Architect
Agreement Between
For Designated Services
192l EDITION
This Document is intended to be used in conjunction with AIA Document 8162, Scope of Desitnated Services
THtS DOCUMEM HAS TMPORIANT LECAL CONSEQUfNCES, CONSULIATION WITH
AN ATTORNEY
'S
ENCOURACED WITH RESPEC'I TO ITS COMPLEf ION OR MODIFICEI ION
ACREEMENT
made as of the 14rh
Hundred and Ninecy Fo,rr
day of February in the year of Nineteen
BETWEEN the Owner:
The Clty of Dania, Florlda
and the Architect:
Anthony Abbate AIA
For the following Project:
llhclude det2iled desctiption ol Prcie<t lo.atio^ and tcope.)
Nyberg-Swanson House
101 West Beach Boulevard
Dania, Florida
Rehabilitation and adaptive re-use of an existing structure.
The Ow'ner and the Architect agree as set forth below
Copyright O 1977 by The Americin I'rstilLrle of Architects, 1735 New York Avenue, N.W., \'athington. D.C. 20m6. Reproduction of
the maierial herein or substantial ,t"rlation of it5 provirions without permission of the AIA tiolates lhe copyritht laws o, the United
states and will be subject to le8al prosecutron.
AIA DOCUMENT BT5I ' DEsIGNATTD STRVICTs ACREEMENT ' NOVEMBIR 192 TDITION ' AIA O ' G) 1977],It {\ItRIC N iN5TIIUTE OT ARCHITECTS, 1735 NTW YORK AVTNUT, N.W., WASHINCTON, DC, 265 8761,-7977 1
subjecl to arbitration as provided in thi5 Agreement and
in the Contract Oocuments.
1.2.12 The Architect shatl have authority to reject Work
which does not conrorm to the Contract Documents.
Whenever, in the Architect's reasonable opinion, it is
necessary or advisable for the implementation of the in-
tent of t'he contract Documents, the Architect will have
authority to require special inspection or testinB of the
Work in accordance with the provisions of the Contract
Documents, whether or not such Work be then fabricated,
installed or completed.
1.2.13 The Ar(hilect shall review and approve or lake
other aooroDriate action upon the Contractor's tubmittals
rr.h ai Shob Drawings, Product Data, and Samples, but
ontv for conformanci with the design concept of the
Work and with lhe information Siven in the Contract
Documents.Such action shall be taken with reasonable
Dromotnes\ so as to cause no delay. The Architect's
approval of a specific ilem shall not indicJte approval of
an assembly of which the ilem is a component.
1,2.14 The Architect shall prepare Change Orders for the
Owner's aooroval and execution in accordance with the
iontract t)ocuments, and shatt have authority to order
minor changes in the work not involving an adjustment in
the Contract Sum or an extension of the Contract Time
which are not inconsistent with the intent of the Contract
Documents.
1.2.15 The Architect shall conduct inspections to deter-
mine the Dates of Substantial Completion and final com-
oletion. shall receive and forward to the Owner for the
bwner's review wntten \4arranties and related documents
required by the Contract Documents and assembled by
the Contractor, and shall issue a final Certificate for
Payment.
1.2.16 The extent of the duties, responsibilities, and
limitations of authority of the Architect as the Owner's
representative durinS;onstruction shall not be modified
oi extended withoui written consent of the Owner, the
Contractor and the Architect.
1.3 PROTECI REPRISINTATION EEYOND
DTSICNATID SERVICES
1.3.1 lf the owner and Architect a8ree that more exten-
sive reoresenlation at the site than is described rn Para-
graph i.2 shall be prorided, the Architect shall provide
6n" orrno," Project Representatives to assist the Architect
in carrying out such responsibilities at the site.
1.3,2 Such Proiect Representatives shall be selected,
emotoved and directed bv the Architect, dnd the Ar(hitecl
shail be compensated therefor as mutually agreed belween
the Owner ind the Architect as set fodh in an exhibit
irDlL'nded lo this Asreement, which shall describe the
iri , rcsponsibilitiei Jnd Iimrtations of authorrty of such
Proje( t Representatives.
1.3.3 Ihrough the observations by such Project Rep'e-
sentalrves, thi Architect shall endeavor to provide further
or )teLl,on for the Owner aBainst delects and defrciencies
rr the \Vork, bul lhe furnishing of ruch project rePresenla-
tion shall not modify the riEhts, responsibilities or obliga-
tions of lhe Archilecl a5 described in Paragraph 1.2.
1.4
1.4.1 Providing services in connection with the work of
a construction manager or separate consultants retained
by the Owner.
1.4.2 MakjnS revisions in DrawinSs, Specifications or
other documenl5 when such revisions are inconsistent
with written approvals or instructions previously given,
are required by the enactment or revision of codes, laws
or regulations subsequent to the preparation of such docu-
ments or a.e due to other causes not solely within the
control of the Architect.
ADDITIONAL SERVICES
The following Services are not included as DesiS-
nated Services unless so identified in Article 15.
These Services and any other services identified as
Additional Services in the Scope oI DesiSnated
Services attached to and made a part of this Agree-
ment shall be provided if authorized or confirmed
in wratinS by the Owner, and they shall be paid for
by the Owner as provided in this Agreement, in
addition to the compensation for Designated
Services.
1,4.3 Preparing Drawings, Specifications, supporting data
and providing other services in connection with Change
Orders to the extent that the adjustment in the Basic Com-
pensation resulting from the adjusted Construction Cost is
not commensurate with the services required of the Archi-
tect, provided such Change Orders are required by causes
not solely within the control of the Architect.
1.4.4 Providing consultalion concerning replacement of
any Work damaged by fire or other cause during construc-
tion, and furni5hing 5ervices as may be required in con-
nection with the replacement of such Work.
1.4.5 Providing 5ervices made necessary by the default of
the Contractor, or by major defects or deficiencies in the
Work of the Contractor, or by failure of performance of
either the Owner or Contractor under the Contract ror
Construction.
1.4.6 ProvidinB services, other than those identified in
the Scope of Designated Services, after issuance to the
Owner of the final Certif,cate for Payment, or in the ab-
sence of a final Certificate for Payment, more than sixty
days after the Date of Substantial ComPletion of the Work.
1.4.7 P.ovidinS any other services not otherwise included
in this Agreement or not customarily furnished in accord-
ance with generally accepted architectural practice.
't.5 TIME
1.5.1 The Architect shall perform Designated and Addi-
tional Services as expeditiously as is consistent with pro-
fessional skill and care and the orderly progress of the
Work. Upon ro,l nst o{ lhc Owner, lhe Architcct 5hall
submit for the Orlnel's approval a ,(hcdule for the per-
formance of lhe Archilect's 5ervices \4hich shall be ,rdjustec
as required as the Project pr()ceed5, and shall include
allowances for periods of time required for the Ouner's
review and approval of submissions and for approvals of
authoritic. having iurisdiction over the P.oject. Thi5 sched-
ule, when approled by the Owner, shall not, except for
reasonable cause, be exceeded by the Architect.
4 R161-19ii AtA DOCUMENT 816l . OESICNAIEO sERVlctS ACREEMENI ' NOVTMBER 1977 EOIItON ' AIA 6 ' O 192
IHT AMFRICAN INSTITUTT Of ARCHITTCIS, 1735 NEW YORX AVINUE, NW', WASHI\CTON, D.C ?@6
I
TERN1S AND CONDITIONS OF ACREEMENT BETWEEN OWNER AND ARCHITECT
ARTICTE 1
t..t DISTCNATEDSIRVTCES
The Architect's Designated Services consist of those
services agreed to be performed directly by the
Architect, through the Architect by utilization of
Outside Sen ices. and b1 Coordination Services per-
formed by the Architecl on services provided by
the O!\'ner, for and necessary lo the Proiect, as
identified and described in the Scope of Designated
Services attached to and made a part of this
Agreement.
1.2 coNSTRUCTtONCONTRACTADMTNISTRAT|ON
PHAST
The following terms and conditions shall apply to
the relevant Con5truction Contract Administratiorr
Phase services, il an1,. as may be included in the
Scope oi Designated Serlices attached to and
made a pan of this Agreement.
1.2..1 The Construction Phase w,ill commence with the
a$ ard of the Contract for Construction and, together with
the Architecl's obligation to provide services under this
phasc of the Agreement, \r'ill terminale rvhen final pay-
ment to tlre Contractor is due. or in the absence of a final
Cerlriic.rte for Parment or of such due date, sixty daysiiler lhe Date of Substanlinl Completion of the Work,
u hichever occurs firsl.
1.2.2 Unless otherlr'ise provided in this ASreement and
incorporated in the Conlract Documents, the Architect
shall pror.ide administration of the Contract for Conslruc-
tion as set forth belo$,and in the edition of AIA Docu-
ment 4201, Ceneral Conditions of the Contract for Con-
struction, current as of the date of this Agreement.
1.2.3 The Architect shall be a representative of the
Or\'ner during the Conslruclion Phase, and shall advise
and consult rvith the Owner. lnstructions to the Contractor
shall be forrvarded throuBh the Architect. The Architect
shall have authoritl to act on behalf of the Owner only to
the extent provided in the Contract Documents unless
otherwise modified by !rrilten instrument in accordance
s ith Subparagraph 1.2.16.
1.2.4 The Architect shall visit the site at intervals appro-
prl.rle to the stage of conslruction or as otherwise agreed
b! the Architect in $ltin8 to become generally familiar
\\ith the progress and quality of the Work and to deter-
nrine in general if the Work is proceeding in accordance
\\ith the Contract Documents. Ho$,ever, the Architect
'hall not be required to mnke exhaustive or continuous
()n-iite inspections to checl the quality or quantit) of the\\orl. On the basis of such r,n site observations as an
ar( lrilect, the Architect shrll Leep lhe O\\,ner informed of
thr progress anrJ qualitr ol the \\ork, and shall endeavor
t() Su,rrd the O,.\ ner ,rSainqt dcfccls and deiiciencies in the
\\,)rl of the Contr.lctor.
1.2.5 The Architert shall not have control or charge of
,rnd :h;ll 691 [(, .q.ponsrble for con.lruction means,
nretlrods, techniques, sequences rlr proceciures, or for
safety precautions and programs in connection with the
Work, for the acts or omissions of the Contractor, Subcon-
tractors or any other persons performing any of the Work,
or for the failure of any of them to carry out the work in
accordance lvith the Contract Documents.
1,2.6 The Architect shall at all times have access to the
Work lvherever it is in preparation or pro8ress.
1,2,7 fhe Architect shall determine the amounts owin8
to the Contractor based on observations at the site and on
evaluations of the Contractor's Applications for Payment,
and shall issue Certificates for Payment in such amounts,
as provided in the Contract Documents.
1.2.8 The issuance of a Certaficate for Payment shall con-
stiture a represenlation by the Architect to the Owner,
based on the Ar.hitect's obse^'ations at the site as pro-
vided in Subparagraph 1.2.4 and the data comprising the
Contractor's Application for Payment, that the Work has
progressed to the point indicated; that, to the best of the
Architect's knorvledge, information and belief, the quality
of the Work is in accordance with the Contract Docu-
ments (subject to an evaluation of the Work for conform-
ance $,ith the Contract Documents upon Substantial Com-
pletion, to the results of any subsequent tests required by
or performed under the Contract Documents, to minor
deviations from the Contract Documents correctable prior
to completion, and to any specific qualifications stated in
lhe Certificate for Payment); and that the Contractor is
entitled to payment in the amount certified. However, the
issuance of a Certiircate for Payment shall not be a repre-
sentation that the Architect has made any examination to
ascertain how and for rvhat purpose the Contractor has
used the moneys paid on account of the Contract Sum.
1.2.9 The Architect shall be the interprerer of the
requirements of the Contract Documents and the judge of
the performance lhereunder by both the Owner and Con-
lractor. The Architect shall render interpretations neces-
sary for the proper execution or progress of the Work with
reasonable promptness on written request of either the
Orvner or the Contractor, and shall render written deci-
sions, !\'ithin a reasonable time, on all claims, disputes and
other matters in question between the Ou,ner and the
Contractor relating to the execution or progress of the
Work or the interpretation of the Contract Documents.
1.2.10 Interpretations and decisions of the Architect shall
be consistent wilh the intent of and reasonably inferable
from the Contract Documents and shall be in written or
graphic for,n. ln the capacity of interpreter and judge, the
Architect shallendeavor to secure faithful performance by
both the O\\'ner and the Contractor, shall not show par-
liality to either, and shall not be liable for the rcsult of an1,
inlerpretation or decision rendered in good faith in such
capacity.
1,2.'11 The Arrlritect's decisions in matters relating to
nrtistic effect shall be final if consistent \a,ith the intent of
the Contract Docun)ents. The Archilect's decisions on any
other clar.ns, disputc. or other matters, including those in
question bet$een lh. Owner and the Contractor, shall be
AIA DOCUMTNI 8151 . DISIGNATID StRvICES AGRIEIILNT . NOvtMBtR 1977 IDIIION . AIA @ . O 19,IHt AMfRtCAN t\sT|TL,TE Ot ARCrlllI.CIS 1735 \E\\'YORX AVENUt. NW \{ASHINCTON, O.C. lrj06 816'.1-'t977 3
,
I
ARTICTE 4
DIRECT SATARY AND DIRECT
PERSONNET EXPENSE
4.1 Direct Satary Expense is defined as the direct salaries
of all the Architect's personnel engaged on the Proiect,
but does not include the cost of contributions and benefits
related thereto, whether mandatory or customary, as
described in Paragraph 4.2 and included in Direct Person-
nel Expense.
4.2 Direct Personnel Expense is defined as the direct
salaries of all the Architect's personnel engaged on the
Proiect, and the portion of the cost of their mandatory and
.rtiorn"ry contributions and bene{its related lhereto, such
as employment taxes and other statutory employee bene-
fits, iniurance, sick leave, holidays. vacations. pensions and
simila r contributions and benefits.
ARTICLE 5
5,.1.3 Expense of data processing and photographic pro-
duction techniques when used in connection with Addi-
tional Services.
5.1.4 lf authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates,
5.1.5 [xpense of any additional insurance coverage or
limits, includinB professional liability insurance, requested
by the Owner in excess of thai normally carried by the
Architect and the Architect's €onsultants.
ARTICLE 6
PAYMENTS TO THE ARCHITTCT
6,1 PAYMTNTS ON ACCOUNT Or DESICNATED SEIVICES
6.1,1 An initial payment as set Iorth in Paragraph 14.1 is
the minimum payment under this Agreement.
6.1.2 Subsequent payments for Designated Services shall
be made monthly and shall be in proportion to services
performed within each Phase of Services, on the basis set
forth in Article 14.
6.1.3 lf and to the extent that the Contract Time initially
established in the Contract for Const.uction is exceeded
or extended throu8h no fault of the Architect, compensa-
tion for any Designated Services required for such extended
period of Administration of the Construction Contract
shall be computed as set forth in Paragraph 14.4 for Addi-
tional Services.
6.1.4 When compensation is based on a percentage ot
Construction Cost, and any portions of the Proiect are
deleted or otherwise not constructed, compensation for
such portions of the Project shall be payable to the exlent
services are performed on such portions, in accordance
with the schedule set forth in Subparagraph 14.2.2, based
on {.1) the lowest bona fide bid or neSotiated proposal or,
(2) if no such bid or proposal is received, the most recent
Stalement of Probable Construction Cost or Detailed Esti-
mate of Construction Cost for such portions of the Project.
6.2 PAYMTNTS ON ACCOUNT Or ADDITIONAL SIRVICES
6.2.1 Payments on account ol the Architect's Additional
Services as defined in Paragraph 1.4 and for Reimburs-
able Expenses as defined in Article 5 shall be made
monthly upon presentation of the Architect's statement of
services rendered or expenses incurred.
6.3 PAYMINTS WITHHELD
6.3.1 No deduclions shall be made lrom the Architect's
compensation on account of penalty, liquidated damages
or other sums rvithheld from payments to contractors, or
on account of the cost of changes in the Work other than
those for which the Architect is held legally liable.
6.4 PROITCT SUSPTNSION OR TERMINAIION
6.4.1 If the Project is suspended or abandoned in rvhole
o in part Ior more than three months the Architect shall
bc conrpensJted for all services perfornled prior to rcceipl
oi \\'ritten nolice from the Owner o( such susi)tnlion or
ab.,rdonnrent, together $ith Reimbursable E\pensl]s then
due rnd all Ternrination Expenses as defined in Paragraph
10.4 lf the Projecl is resumed after being suspended for
more than lhrc. rronths, the Architect's compensation
shall be equrtab . ..,l1usted.
adiusted to reflect any change in the general level of
orices in the construction industry between the date of
iubmission oi the Construction Documents lo the Owner
and the date on which proposals are sought.
3.2.4 lf a Proiecl budget or fixed limit of Construction
Co5t (adiusted as provided in Subparagraph 3.2.3) is ex-
ceeded by the lowest bona fide bid or neEotiated pro-
posal, the Owner shall (1) Sive written approval. of an
lncrease in such fixed limit, (2) authorize rebidding or
renegotiating of the Project within a reasonable time, (3) if
the iroject is abandoned, terminate in accordance with
Paragraph 10.2, or (4) cooperate in revisin8 the Project
scopi and quality as required to reduce the Construction
Cost. ln the case of (4), provided a fixed limit of Construc-
tion Cost has been established as a condition of this ASree-
ment, the Architect, without additional charge, shall mod-
ify the Drawings and Specifications as necessary to comply
with the fixed limit. The providing of such service shall be
the limit of the Architect's responsibility arisinB from the
establishment of such fixed limit, and having done so, the
Architect shall be entitled to compensation for all services
performed, in accordance with this Agreement, whether
or not the Construction Phase is commenced.
REIMEURSABTE EXPENSES
5.1 Reimbursable fxpenses are in addition to the Com-
pcnsation for Designated and Additional Services and
include actual expenditrrtes made by the Archite(t and the
Architect's employees and consultants in the interest of
the Project for the expenses listed in the following
Subparagraphs:
5,1,1 Expense of transportation in connection with the
Project; iivinB expenses in connection with out-of-town
trarel, tong distance communications, and iees paid for
serL., ng approval ol iuthorities having iurisdiction over
th('l'r.,ject.
5.1.2 Expense of reproductions, postage and handling ot
Drawings, Specifications and other documents, excluding
reprocitictions Ior the office use of the Architect rnd the
A rchitc,ct'5 consu ltants.
6 Aft1-1977 atA DocuMtNr 816r . orsrcN^rEo stRvtcts ACRtt^tt\T. NovttlStn 1977 tDlIloN. AIA 6). o 1977
THT AMERICAIi INS]ITU]L Of ARCHITTC]S, 1735 NEW YORX AVENUT, N\!, \INHINCTON, D,C.2M6
ARTICLE 2
THE OWNER'S RESPONSISII.ITIES
The following responsibilities will be undertaken by
the Owner, in addition to those Services desiSnated
to be performed by the Owner and described in
the Scope of Designated Services attached to and
made a part of this Agreement.
2.1 The Owner shall provide full information regarding
requirements for the Project.
2.2 lf the Owner provides a budget for the Project it shall
include contingeniies for bidding, changes in the Work
during construition, and other costs which are the respon-
sibilitv of the owner, includinS those described in this
Article 2 and in SubparaSraph 3.1.2. The Owner shall, at
the request of the Architect, provide a statement ol funds
available for the Project, and their source.
2.3 The Owner shall desiSnate, when necessary, a repre-
sentative authorized to act in the Owner's behalf with
respect to the Project. The Owner or such authorized rep-
resentative shall examine the documents submitted by the
Architect and shall render decisions pertaining thereto
promptly, to avoid unreasonable delay in the progress of
the Archatect's services.
2.4 The Owner shall furnish a legal description and a
certified land survey of the site, 8ivin8, as applicable,
grades and lines of streets, alleys, pavements and adjoining
property; rights-of-way, restrictionS, easements, encroach-
ments, zoninS, deed restrictions, boundaries and contours
of the site; locations, dimensions and complete data per-
taining to existing buildings, other improvements and
trees; and full iniormation concerning available service
and utility lines both public and private, above and below
grade, including inverts and depths.
2.5 The Owner shall furnish the services of soil engineers
or other consultants when such services are deemed
necessary by the Architect. Such services shall include test
borin8s, test pits, soil bearing values, percolation tests, air
and water pollution tests, ground corrosion and resistivity
tests, includinB necessary operations for determining sub-
soil, air and water conditions, with reports and appropri-
ate professional recommendations.
2.6 The Owner shall furnish structural, mechanical,
chemical and other laboratory tests, inspections and
repo(s as required by la\1 or the Contract Documents.
2.7 The Owner shall furnish all legal, accounting and
insur.rnce counseling services as may be necessary at any
time ior the Proiect, including such auditing services as
the Owner may require to verlfy the Contractor's Applica-
tions ior Payment or to asce.tain how or for what purposes
tlrc Contractor uses the mone)'s paid by or on behalf of
the O!\ ner.
2,8 I hc services, inforrnJtion, surveys and reports
rcc1r. r.,d by P.rt.rgraphs 2.4 lhrough 2.7 inclusive shall be
iurn .lred at th| O\\'ner s expense, and the Archrtect shall
bt' trtilled to rell upon the accur.tcy and (on)pleteness
thcreof.
2.9 li lhe Orrner obserres or other\\ise becomes arvarc
oi .rnr lault or defect in the Project or nonconformance
with the Contract Documents, prompt written notice
thereof shall be given by the Owner to the Architect.
2.10 The Owner shall furnish required inlormation and
services and shall render approvals and decisions as ex-
peditiously as necessary for the orderly progress of the
Architect's services and of the Work.
ARTICTE 3
CONSTRUCT]ON COST
3.1 DEFINITION
3.1.1 The Construction Cost shall be the total cost or
estimated cost to the Owner of all elements of lhe Proiect
designed or specified by the Architect-
3.1.2 The Construction Cost shall include at current
market rates, including a reasonable allowance for over-
head and profit, the cost of labor and materials furnished
by the Owner and any equipment which has been
designed, specified, selected or speciall) provided for by
the Arch itect.
3.1.3 Construction Cost does not include the compensa-
tion of lhe Architect and ihe Architect's consultants, the
cost of the land, rights-of-way, or other costs which are
the responsibility of the Owner as provided in Article 2.
3,2 RESPONSTBIITY rOR CONSTRUCTION COST
3.2.1 Evaluations of the Owner's Project budSet, State-
ments of Probable Construction Cost and Detailed Esti-
mates of Construction Cost, if any, prepared by the Archi-
tect, represent the Architect's best judgment as a design
professional familiar rvith the construction industry. lt.is
recognized, however, lhat 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 nego-
tiatinB conditions. Accordingly, the Architect cannot and
does not warrant or represent that bids or negotiated
prices will not vary from the Project budget proposed,
established or approved by the Owner, if any, or from any
Statement of Probable Construction Cost or other cost
estimate or evaluation prepared by the Architect.
3.2.2 No fixed lamit of Construction Cost shall be estab-
lished as a condition of this Agreement by the iurnishing,
proposal or establishment of a Project budget under
Paragraph 2.2 or otherwise, unless such fixed limit has
been agreed upon in writing and signed by the parties
hereto. lf 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 lo be included in the Contract Docu-
ments, to make rcasonable adjustments in the scope of
the Project and lo include in the Contract Documents
alternate bids to idjust the Construction Cost to the lixed
linrit. Any such ii\cd Iimit shall be increased in thc Jnlounl
of lnl increase in the C()nlracl Sum o.cur.;ng aftt execu'
tion of the Conlr.iil for C()nstruction.
3.2.3 lf the BiddinS or NeSotiations Ph..e has not com-
menced within three months after the Architect submits
the Construclion Docunrcnts to the O\\ ner, any Project
budget or ired limit .rf Construction Cost shall be
AIA DOCLrrlt\T 8161 . Dtslc\\rtD StRvlCtS A(jRtt^1tNT . NOVE^18[R 1977 EDITION ' AIA €r. O 1977
Ir.lt A\lLNtC,\\ \5Tt.IUTt Ot :\liCHtTECTS. ttli NtW YOF( AVLNLTT N W. t\,AS tNCTON, t) C. 20(tX 8161-1977 5
ARTICTE 13
EXTENT Of AGRTEMENT
13.1 This Agreement ,epresents the entire and inte8rated
agreement bitween the Owner and the Architect and
supersedes all prior neEotiations representations or aSree-
ments, either written or oral. This A8reement may be
amended only by wtitten instrument signed by both
Owner and Architect.
ARTICTE'I2
SUCCESSOR.S AND ASSIGNS
12.'l The Owner and the Architect, respectively, bind
themselve5, their partners, successors, assigns and legal
represenlatives to the other party to this Agreement and to
the partners, successors, assigns and legal representatives
of such other party with respect to all covenants of this
Aareement. Neilher the Owner nor the Architect shall
aslign, sublet or lransfer any interest in this Agreement
withiout the written consent of the other.
a a161-1977
Ata oocuMENT E16l . DrSIC\ TED StRVlCtS ACRIENIENT. \OVtl18!R 1977 LDlllON . AIA O. O l97;
THE AMIRICAN INSIITUIT OI ARCHIITCIS, 17]5 NEW YORK AVIIIL'T, Ii \\',, \I'ASHINGTON, D,C 2M6
ARTICTE 7
ARCHITECT'S ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses per-
taininS to Additional services and services performed on
the basis of a Multiple of Direct Personnel txpense shall
be kept on the basis of generally accepted accountinS
principles and shall be available to the Owner or the
Owner's authorized representative at mutually convenient
times.
ARTICLE 8
OWNERSHIP AND USE OT DOCUMENTS
8.1 Drawings and Specifications as instruments of service
are and shall remain the property of the Architect whether
the Project for which they are made is executed or not.
The Owner shall be permitted to retain copies, including
reproducible copies, of Drawings and Specifications for
information and reference in connection with the Owner's
use and occupancy of the Project. The Drawings and Spe-
cific.itions shall not be used by the Owner on other proj-
ects, for additions to this Project or for completion of this
Proiect by others provided the Architect is not in default
under this Agreement, except by a8reement in writing and
with appropriate compensation to the Architect.
8.2 Submission or distribution to meet official regulatory
requarements or for other purposes in connection with the
Project is not to be construed as publication in derogation
of the Architect's rights.
ARTICLE 9
9.3 The award rendered by the arbitrators shall be final,
and judgment may be entered upon it in accordance with
applicable law in any court havinS.iurisdiction thereof.
ARTICTT 1O
TTRMINATION OF AGREEMENT
10.1 This Agreement may be terminated by either party
upon seven days'written notice should the other party fail
substantially to perform in accordance with its terms
through no fault of the party initiating the termination.
10.2 This Agreement may be terminated by the Owner
upon at least seven days' written notice to the Architect
in the event that the Project is permanently abandoned.
10.3 ln the event of termination not the fauh of the
Architect, the Architect shall be compensated for all serv-
ices performed to termination date, totether with Reim-
bursable Expenses then due and all Termination Expenses
as defined in ParaSraph 10.4.
10.4 Termination Expenses include expenses directly at-
tributable to termination for which the Architect is not
otherwise compensated, plus an amount computed as a
percentaSe of the total Compensation for Designated and
Additional Services earned to the time of termination, as
follows:
.1 20 percent if termination occurs during the Pre-
design, Site Analysis or Schematic Design Phase;
or
.2 10 percent if termination occurs durin6 the De-
sign Development Phase, or
.3 5 percent if termination occurs during any sub-
sequent phase.
ARTICLE 1.I
MISCEITANEOUS PROVISIONS
11.1 Unless otherwise specified, this Agreement shall be
governed by the law of the principal place of business of
the Architect.
11,2 Terms in this Agreement shall have the same mean-
ing as those in AIA Document A201, Ceneral Conditions
of the Contract for Construction, current as of the date of
this Agreement.
11,3 As betr\een the parties to this Agreement: as to all
acts or failures to act by either party to this Agreement,
any applicable 5tatute of limitations shall commence to
run and any alleged cause of action shall be deemed io
have accrued in any and all events not later than the rele-
vant Date of Substantial Completion of the Work, and as
to any acts or failures to.rct occurring after the relevant
Date of Substantial Completion, not later than the date of
issuance of the finalCertificate for Payment.
1'1.4 Thc Owncr and the Architect waive all rights against
each othcr and against th(. , a)ntractors, consultants, agents
and enrplol,ees of thc otl,,, for damages covered by an1,
properl\ insur.rnce durin6 r(,:l5truction as set forth in the
edition i)f AIA Document 4101, Ceneral Conditions, cur-
rent,ls of the date of this Agreement. The Owner and the
A.chitect each shall requirc appropriate similar saivers
from their contr.!i i,,rs, consLrltants and a8ents.
ARBITRATION
9.1 All claims, disputes and other matters in question
between the parties to this ASreement, arisinS out of or
relating to lhis Agreement or the breach thereof, shall be
decided bt arbitration in accordance with the Construc-
tion lndustry Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually
agree otherwise. No arbitration, arising out of or relating
t; this Agreement, shall include, by consolidation, joinder
or in any other manner, any additional person not a party
to this Agreement except by written consent containinB a
,pec,f,c reference to this Agreemenl and siSned by the
Architecl, the Owner, and any other person sought to be
joined. Any consent to arbitration involving an additional
l)e.son or persons shall not constitute consent lo arbitra-
tion of any dispute not described therein or $ith any
person not named or described therein. This ABreement to
arbitrate and any agreement to arbitrate with an additional
person or persons duly consented to by lhe parties to this
Agreement shall be speciiically enforceable under the pre-
vJilinB arbitration law.
9.2 Notice of lhc demand for arbitration shall be filed in
wriling with the other part)'k) lhis ASreement and with
thc American Arbitration Associ.tion. Thc derrrand shall be
m.rdc rvithin n reasonable time if ler tht ,l la rn, dispute or
otlrer nrJlter in qLrestion has arrstn. In r.r e'.enl shall lhe
demantl for ar[]itration bc nrade after thc date \1hen insti-
lution of leSal or equil.ble proceedings based on such
cl.rim, (lr.pute or other matter in question would be
l,rrred br the;pplicable statute o( limitation!.
ar^ DoCUMENT ar6l . DI5ICNATID SIRVICtS ACREtT\ltNI . sOVtMElR 197t tDlTlON . AIA @ . G) l9l7
THt ^tlfRICAN INsTITUII OF ARCHITTCTS, 1735 NTW YORX
^VENUE,
N,IV,, WASHINGTON, D.C. ?0@6 8161-1977 7
I
METHOD C: MULTIPLE OF AMOUNTS BILLED TO ARCHITECT
Services of consultants at a multiple of
Architect for such services.
METHOD H:
Compensation shall be computed as follows
1. Predesign Phase:
2. Site Analysis Phase:
3. Schematic Design Phase:
4. Design Development Phase:
5. Construction Documents Phase:
6. Bidding or Negotiation Phase:
7. Construction Contract Admini5tration Phase:
B. Postconstruction Phase:
9. Supplemental Services:
( ) times the amounts billed to the
14,2.2 Where compensation is based on a stipulated sum or PercentaSe of -construction cost, payments for DesiEnated"-'- S","i."r tf-1.'il U" n1aau as provided in Subparagraph 6.1.2, so that Compensation for each Phase to which such
1,i"ihoa .pptto shall equal the following per..unt"g"r of the total Compensation determined by such Method:
percent (
percent (
percent (
percent (
percent (
percent (
percent (
percent (
percent (
FOR PROJECT REPRESENTATION BEYOND DESICNATED SERVICES, as described in Paragraph 1.3, comPensation
shall be computed separately in accordance with Subparagraph 1.3.2
COMPENSATION FOR ADDITIONAL SERVICES
tOR ADDTTTONAL SERVTCES OF THE ARCHITiCT, as described in Paragraph 1.4 and identified in the Scope of
o"sienat"a Services as Addrtronal services, but excluding Additional Services of consultants, compensation shall be
Lriri"OGt"J "" v",n"a F: Hourly Billing Rates as described in
Subparagraph.l4.2.1.
tAbo,. ,n5err thc ijentttttnl l(||e, ,hd nrm. d 6.thod ot <ompln\ation applcable ta Addniohal Sen,(.r o/ lhe Archile(r )
FOR ADDITIONAL SERVICIS OF CONSULTANTS, including additional structural, mechanical and_ electrical engi-
i".iin" r"rr,."t and those identified in Article 15 or in thJScope of Designated Services attached to and made a
part of this ASreement, as part of Additional Services, a multiple of One ( I ) times
the amounts billed Io lhe Archile(t for such services.
FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reimbursable
Exoenses, a muttrple of One ( I ) times the amounts expended by the Architect, the
Architect's employees and concullants in the inlerest o[ the Pro,ect
pavments due the Architect and unpaid under this A8reement shall bear interest from the date payment is due at the
r"t" "nt",.J Lelow, o, in the absence thereof, at th; legal rate prevailing at the principal place of business of the
Architect.
lHere inse.l an' ,r? o/ inler€!r aSteed unon I
o/ot
%)
%)
%\
14.3
14.4
14.4.'l
14.1.2
14.5
1,1.5
14.7 .2
14.7
1; 7.1
rt,tr,v law, and tcouiemeot un.let the tedetat ituth ih Lendina Act, simitat state and locai .onsunq ctedit la*t and olh€r ,e8u/rliont .l lhe
b";;; ;a;oi;-,c;,;;i:; ;;;;,;;,t';;,;' Ji 1,,,*i'. ,i." ro.auo; o, the P,oie.r a'd e/ie$ h€,e mav a,ecr rhe ,atiditv ot thi' Pto|i'ion spe'iric tesit
iJ,ii" i.,ia r. .1,"i*'d wiri rcipecr to d.ttt,ro, n, dticarioh. o' o$er .equirehcDle 's.h as wrilren di'ctosutes ot wairets.)
The Ollner and thc Ar(hitect agree in accordance with the Terms and Conditions of this Agreement thal:
It THf SCOpt of the Projecr or of lhc Arcl,ilect's Services is changed materially, the an]ounts of compensation shall
bc equitably adiusted.
ll- THE SIRVICIS covered by lhis Agreerircnt have not been completed within twelve . (1.2 ) months
of thc date hereof, through'no fault of the Archite€t, the amounls of compensation, rates and multiPles set forth
heroin shall be equitrbly adjusted.
10 a1fi-1977 AIA DOcuMtNT 816'l . DISICNATtD SERVICES ACRETMENT ' NOVI\18ER'1977 tDlTlON ' AIA O ' O r97'
rHE AI\1t(ICA\ IN5TITUII OI ARCHITECTS 73i NEW YORX AVT\L'E, N,W, IVASHINCION, DC :\,006
ARTICTE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services provided, in accordance \4'ith Article 6, Payments to
the Architect, and the other Terms and conditions of this Agreement, as follows:
14.'t AN lNlTlAL PAYMENT of dollars (9
shall be made upon execution of this A8reement and credited to the Owner's account as follows:
14.2 COMPENSATION FOR DESICNATED STRVICES
14.2.1 FOR DEsICNATED SERVICES, as identified and described in the Scope of Designated Services attached to and
made a part of this Agreement, and any other services included in Article .15 as part of Designated Services, com-
pensation shall be computed by the following methods for the particular Services so indicated in the Scope of
DesiSnated Services:
lHere ideh y basit ol compentation, in.l dinB fixed anou^tt, tatet, nrluples ot pet.entales, at appli.able, and identily Phases ro whi.h pa iculat
hethods ot compehsaron aPPly, as apuoptiate )
METHOD A: MULTIPLE OF DIRECT SATARY EXPENSE
Compensation for services rendered by Principals and employees shall be based on a multiple of( ) times their Direct Salary Expense as defined in Paragraph 4.1, and lor consultants as
described in Subparagraph 14.4.2.
METHOD B: MULTIPLE OF DIRECT PERSONNET EXPENSE
Compensation for services rendered by Principals and employees shall be based on a multiple of( ) times their Direct Personnel Expen5e as defined in Paragraph 4.2, and tor consultants as
described in Subparagraph 14.4.2.
METHOD C: PROFESSIONAL FEE PLUS EXPENSES
Compensation shall be based on a Professional Fee of
dollars ($ ) plus compensation for services rendered by Principals and employees based on a multi-
ple of ( ) times their Direct (Salary) (Personnel) Expense as defined in Arti-
cle 4, and for consultants as described in Subparagraph 14.4.2.
METHOD D: PERCENTACE OF CONSTRUCTION COST
Compensation shall be based on percent ( %) of the Construction Cost as defined
in Article 3.
METHOD E: STIPULATED SUM
Compensation shall be a Stipulated Sum of dollars($ r.
METHOD F: HOURLY BILLINC RATES
Compensation for services rendered by Principals and employees shall be based on the following hourly rates,
and for consultants as described in SubparaBraph 14.4.2:
1. Principals' time at the fixed rate o{ Eighty five dollars ($ 85 ) per hour. For the purposes
of this Article, the Principals are: Anthony Abbate AlA
2. Supervisory time at the fixed rate of Fifty live dollars ($ 55 ) per hour. tor the purposes
of rhis Article, Supervisory personncl includeotn?t"1'I"*i#!?H,rErBositions:
3. Technical Level I time at the fixed rate of Thirty Fite dollars ($ 35 ) per hour. For the
purposes of this Article, Technical Level I personnel include those in lhe following positions: _Delineators, Drafting, Research, ComPuter Aided DesiSn and Drafting
4. Technical Level ll time at the fixed r.rte of dollars ($ ) per hour. For the
purPoses of this Article, Technical l.evel ll personnel include those in the following po!itions:
5. Technical level lll time at the fixed rate of Twenty five dollars ($ 25 ) per hour. For the
purposes of this Article, Technical Level lll personnel include those in the following positions:
Clerical
AIA DOCUMINI !151 ' DTSICNAIED SERVICES ACREEMENT ' NOVEM8TI1977 IDITION ' AIA @ ' @ 192
Ttrr AMTRTCAN lNSllUrE Or ARCHr]ICTS, 1735 NEW YORX AVINUI. N.W., \ryA5HlN610N, D.C ?ffi 8161-1977 9
I
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This agreement entered into as of the day and year first written above'
OWN ER ARCHITECT
Mayor Architect
./n,,
City I'l.anagert/.fu-<
A*or/,Arrd i to r,-C1e rI.c a//--
City At torney
Approved as to form and correctness
12 8161'1977
AIA DOCUMENT !16l . OE5IGNAIID stRvlcts ACRIIMENT ' NOVIMBIR 1977 tolllON ' AIA O ' O 1977
iii ar.aiircer rNsrrrurt of ARcHrr[crs. 17]5 NE\f YoR( AvENUE, Nw, wAsl{lNGToN, Dc 200'16
r5.01
ARTICTE 15
OTHER CONDITIONS OR SERVICES
Architect sha1l furnish services as descrlbed in Proposal dated
January 12, lgg4 and attached as trExhibit Ar'.
ata Docr,rt{ENT Br6t . DISIGNATED sERVTC€S AGRTTMTNT . I\OVEMEER 1977 EOTTON . ArA €) . @ 1977
THE AM[I] CAN INST{TUII Ot ARCI]ITECTS, 1735 NEW YORX AVINUI, NW, WASHINCION, D,C. 20@6 8161-1977 11
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