2001-029 Village Hall Archt. Renovation Agreement• RESOLUTION 29-2001
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO A STANDARD FORM OF AGREEMENT BETWEEN OWNER
AND ARCHITECT WITH STANDARD FORM OF ARCHITECT'S SERVICES AND
STANDARD FORM OF ARCHITECT'S SERVICES FOR DESIGN AND CONTRACT
ADMINISTRATION WITH B.E.A. INTERNATIONAL CORPORATION, A FLORIDA
CORPORATION, ATTACHED AS EXHIBIT "A", WHICH AGREEMENTS ARE FOR THE
PURPOSE OF SECURING ARCHITECTURAL SERVICES FOR INTERIOR
RENOVATIONS OF VILLAGE HALL; 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 standard form of agreement between owner and architect with
standard form of architect's services and standard form of architect's services for design
and contract administration with B.E.A. International Corporation, a Florida corporation,
attached as Exhibit "A", which agreements are for the purpose of securing architectural
services for interior renovations of Village Hall.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to
execute the agreements with B.E.A. International Corporation set forth in Exhibit "A" for
and on behalf of the Village of North Palm Beach.
Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 8th DAY OF MARCH, 2001.
(Village Seal)
MAYOR
ATTEST:
• VILLAGE CLERK
~tan~#~ar~l IF~rm of Architect's ~erot-ices:
• Design and Contract Administration
AIA Document 6141 - 1997
1997 Edition -Electronic Format
OF THISuELECTRONICALLY Da1RAFTEDuAIA DOCUMENT MAY BEaMADE BY USING AIA tDOCUMENTi~cOolmpletion or modification. AUTHENTICATION
Copyright 1917, 1926, 1948, 1951, 1957, 1958, 1961, 1967, 1966, 1967, 1970, 1974, 1977, 1987, 01997 by The American Institute of Architects. Reproduction of
the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States end will subject the
violator to legal prosecution.
TABLE OF ARTICLES
2.1 PROJECT ADMINISTRATION SERVICES
2.2 SUPPORTING SERVICES
2.3 EVALUATION AND PLANNING SERVICES
2.4 DESIGN SERVICES
2.5 CONSTRUCTION PROCUREMENT SERVICES
2.6 CONTRACT ADMINISTRATION SERVICES
2.7 FACILITY OPERATION SERVICES
2.8 SCHEDULE OF SERVICES
2.9 MODIFICATIONS
ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES
2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the
Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue
progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those
services provided by the Owner and the Owner's consultants. ~ i ec Shall attend workchnne ao reRUlar Council meetings
as directed by the owner."
2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare, and periodically update, a
Project schedule that shall identify milestone dates for decisions required of the Owner, design services furnished by the
Architect, completion of documentation provided by the Architect, commencement of construction and Substantial Completion of
the Work.
2.1.3 The Architect shall consider the value of alternative materials, building systems and equipment, together with other
~A DOCUMENT Bial-STANDARD FORM SERVICES - 1997 EDRION -AIA -COPYRIGHT 1997 -THE AMERICAN MSTITUTE OF ARCHITECTS. 1775
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gal prosecution. This document was electronically produced with permission of the AIA end can be reproduced without violation until the date of expiration az noted
below.
Electronic Format 8141-1997
considerations based on program, budget and aesthetics in developing the design for the Project.
2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the design of the Prnjrrt to
rr.presenratives of the Owner.
. 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of
evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner in the further
development of the design.
2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the
approval of governmental authorities havingjurisdiction over the Project.
2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK
2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the
Cost of the Work. This estimate may be based on current area, volume or similar conceptual estimating techniques. As the design
process progresses through the end of the preparation of the Construction Documents, the Architect shall update and refine the
preliminary estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to previous estimates of
the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Architect's
estimate of the Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate recommendations to the
Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such
adjustments.
2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated
estimates of the Cost of the Work prepared by the Architect represent the Architect's 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 budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by
the Architect.
2.1.7.3 In preparing estimates of the Cost of the Work, 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 reazonable adjustments in the scope of the Project and to include in the Contract
Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of
the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor
causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly.
2,1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the Construction Documents to
the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the
construction industry.
2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 terminate in accordance with Subparagraph 1.3.8.5; or
.4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work.
2.1.7.6 If the Owner chooses to proceed under Clause 2.1.7.5.4, the Architect, without additional compensation, shall modify
the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of
the Work. The modification of such documents shall be the limit of the Architect's responsibility under this Paragraph 2.1.7. The
Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not
~IA DOCUMENT 8141-STANDARD FORM SERVICES - 1997 EDITION •AIA -COPYRIGHT 1997 -THE AMERICAN MSTITUTE OF ARCHITECTS. 17J5
EW YORK AVENUE N.W., WASHINGTON, D.C. 20006.5292. WARNMO: Unlicensed photocopying violates U.S. copyright laws end will subject the violator
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below.
Electronic Format 8141.1997
construction is commenced.
ARTIf.LF 2.2 SUPPORTING SERVIGES
• 2.2.1 Unless specifically designated in Pargraph'_.$3. the services in this Article 2.2 shall be provided by the Ow ,cr or the
Owners consul ants and contractors.
2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including
space requirements and relationships, special equipment, systems and site requirements.
2.2.1.2 The Owner shall famish surveys to describe 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 with
respect 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.
2.2.1.3 The Owner shall famish services of geotechnical engineers which may include but ere not limited to test borings, test
pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and
resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations.
ARTICLE 2.3 EVALUATION AND PLANNING SERVICES
2.3.1 The Architect shall provide a preliminary evaluation of the information famished by the Owner under this Agreement,
including the Owner's program and schedule requirements and budget for the Cost of the Work, each in terms of the other. The
Architect shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the
Owner of any other information or consultant services that may be reasonably needed for the Project.
• 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the information
provided by the Owner ofsite conditions, and the Owner's program, schedule and budget for the Cost of the Work.
2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall notify the
Oxmer of anticipated impacts that such method may have on the Owner's program, financial and time requirements, and the scope
of the Project.
ARTICLE 2.4 DESIGN SERVICES
2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering services.
2.4.2 SCHEMATIC DESIGN DOCUMENTS
2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed-upon program, schedule, and
budget for the Cost of the Work. The documents shall establish the conceptual design of the Project illustrating the scale and
relationship of the Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and
preliminary building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study
models, perspective sketches, electronic modeling or combinations of these media. Preliminary selections of major building
systems and construction materials shall be no[ed on the drawings or described in writing.
2.4.3 DESIGN DEVELOPMENT DOCUMENTS
2.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and
updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the
design of the Project, establishing the scope, relationships, forms, siu and appearance of the Project by means of plans, sections
and elevations, typical construction details, and equipment layouu. The Design Development Documents shall include
specifications that identify major materials and systems and establish in general their quality levels.
`7000MENT B 141 •STANDARD FORM SERVICES - 199) EDITION - AIA -COPYRIGHT 1997 -THE AMERICAN MSTITUTE OF ARCHITECTS, 1773
~4 YORK AVENUE N.W., WASHQJGTON, D.C. 20006-3292. WARNMG: Unlicensed photxopying violates U.S. copyright laws and will subject the violator
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below.
Electronic Format 8141-1997
2.4.4 CONSTRUCTION DOCUMENTS
2.4.4.1 The Architect shall provide Construction Documents based on the approved Design Development Documents and
updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the ro~:li<^^+•^" '-- ^^~<e•,^,;^_
• of the Project. The Construction Documents shall include Dratcirgs~ard Specifca:ions that establish in detail tl:e quality levels of
materials and systems required for the Project.
2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the development and
preparation of. (I) bidding and procurement information which describes the time, place and conditions of bidding; bidding ar
proposal forms; and the form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for
Construction (General, Supplementary and other Conditions). The Architect also shall compile the Project Manual that includes
the Conditions of the Contract for Constmction and Specifications and may include bidding requirements and sample forms.
ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES
2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall assist the
Owner in awarding and preparing contracts for construction.
2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors.
2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or
proposal, if any. [f requested by the Owner, the Architect shall notify all prospective bidders or contractors of the bid or proposal
results.
2.5.4 COMPETITIVE BIDDING
2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and
Supplementary Conditions, Specifications and Drawings.
2.5.4.2 {~'-requested-by-the$W~teF, the Architect shall arrange for procuring the reproduction of Bidding Documents for
distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for
• such expenses.
2.5.4.3 ,the Architect shall distribute the Bidding Documenu to prospective bidders and request their
return upon completion of the bidding process. The Architect shall maintain a log of distribution and retrieval, and the amounts of
deposits, if any, received from and returned to prospective bidders.
2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and
distribute addenda identifying approved substitutions to all prospective bidders.
2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct apre-bid conference for
prospective bidders.
2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and
interpretations of the Bidding Documents to all prospective bidders in the form of addenda.
2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize end conduct the opening of the bids. The
Architect shall subsequently document and distribute the bidding results, as dirocted by the Owner.
2.5.5 NEGOTIATED PROPOSALS
2.5.5.1 Prepesal -8eeantents -shall ~ertsist -e€ -prepesa4 fequiFetneRts; 'prepesed -eentraet -feFms; -General ~enditiens and-
2.5.5.2 1€-requested -by -the -AwAeF -the -Architect •sha{l'arrep8e -faf .praoyFirtg ate •repreduetlen -ef-prepesal -8est>fnents -fee-
. ~entraeters-q'~ta
€eF sue-h-e~cpenses.
~DOCUMEYr B 141-STANDARD FORM SERVICES • 1997 EDITION • AIA • COPYRIGHT 1997 -THE AMERICAN MSTITUTE OF ARCHITECTS, t 735
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below.
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2.5.5.3
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ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES
2.6.1 GENERAL ADMINISTRATION
2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and
in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this
Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable
under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect.
2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with
the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment.
However, the Architect shall be entitled to a Change in Services in accordance with Paragraph 2.8.2 when Contract
Administration Services extend 50 days after the date of Substantial Completion of the Work.
2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner during the provision of the
Contract Administration Services. 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 amendment.
2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be restricted,
modified or extended without written agreement of the Owner and Architect with consen[ of the Contractor, which consent will
not be unreasonably withheld.
2.6.1.5 The Architect shall review properly prepared, timely requesu by the Contractor for additional information about the
• Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form
prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or
Specifications in need of clarification and the nature of the clarification requested.
2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute
supplemental Drawings and Specifications in response to requests for information by the Contractor.
2.6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and
requirements of, the Contract Documenu on written request of either the Owner or Contractor. The Architect's response to such
requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
2.6.1.8 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 the resulu of interpretations or decisions so rendered in good faith.
2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and
Contractor as provided in the Contract Documenu. However, the Architect's decisions on matters relating to aesthetic effect shall
be final if consistent with the intent expressed in the Contract Documents.
2.6.2 EVALUATIONS OF THE WORK
2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's
opera ions, or as otherwise agreed by the Owner and the Architect in Article 2.8, (I) to become generally familiar with and [o
keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the
Owner against defecu and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner
indicaten that the Work, when full corn leted, will be in accordance with the Contract Documents. However, the Architect shall
.~ DOCUMEVT 8141-STANDARD FORM SERVICES • 1997 EDITION •AIA -COPYRIGHT 1997 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735
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blow.
Electronic Format B141-1997
not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect
shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and
responsibilities under the Contract Documents.
• 2.6.2,2 The Architect shall report to the Owner known deviations from the Contract Documents and from the roost recent
construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to
perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the
Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or
omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions
of the Work.
2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress
2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the
Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the
Contract Documents. Communications by and with the Architect's consultants shall be through the Architect.
2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of [he 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 or entities performing portions of the Work.
2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR
2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such
amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's
evaluation of the Work as provided in Paragraph 2.6.2 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, the
• quality of the Work is in accordance with the Contract Doctments. The foregoing representations are subject (I) to an evaluation
of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and
inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific
qualifications expressed by the Architect.
2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (I) 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
[he Contractor has used money previously paid on account of the Contract Sum.
2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment.
2.6.4 SUBMITTALS
2.6.4.1 The Architect shall review and approve or take other appropriate action upon the 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 [he activities of the Owner, Contractor or 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, all of which remain the responsibility of the Contractor as
required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Architect, of any 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.
!~ DOCU~~fENT BI11-STANDARD FORM SERVICES • 1997 EDITION -AIA • COPYRIGHT 1997 -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735
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2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance
with the requirements of the Contract Documents.
2.6.4.3 if professional design services or certifications by a design professional related to systems, materials ore ui
specifsally renuirrd of the Contractor by the Contract Oocumeors, the P.rchitect ;h.!I c if ~ q pment are
• criteria that such services must satisry. Shop Drawings and other submittals related to•the Work ,designedyor'certified byutj e
design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect.
The Architect shalt be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals
performed by such design professionals.
2.6.5 CHANGES IN THE WORK
2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution
in accordance with the Contract Documents. The Architect may authorize minor changes in the Work not involving an adjustment
in Contract Sum or an extension of [he Contract Time which are consistent with the intent of the Contract Documents. If
necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added,
deleted or modified, as provided in Paragraph 2.8.2.
2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in the Work,
including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be
accompanied by sufficient supporting data end information to permit the Architect to make a reazonable determination without
extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes
in the Work are not materially different from the requ'vements of the Contract Documents, the Architect may issue an order for a
minor change in the Work or recommend to the Owner that the requested change be denied.
2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change to the
Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the
Owner, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished
by the Contractor, if any, the Architect shall estimate the additional cost and time that might result from such change, including
any additional costs attributable to a Change in Services of the Architect. With the Owner's approval, [he Architec[ shall
incorporate those estimates into a Change Order or other appropriate documentation for the Ownets execution or negotiation with
the Contrac[or.
• 2.6.5.4 The Architect shall maintain records relative to changes in the Work.
2.6.6 PROJECT COMPLETION
2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final
completion, shall receive from the Contractor 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 based upon a final inspection indicating the Work complies with the requirements of the Contract Documents.
2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative to check conformance of the
Work with the requirements of the Contract Documents and to verify the accuracy and complcteness of the list submitted by the
Contractor of Work to be completed or corrected.
2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the
Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the
Work.
2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (1) consent of surety or sureties, if any, to
reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens
or bonds indemnifying the Owner against liens.
ARTICLE 2.7 FACILITY OPERATION SERVICES
2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial
DOCUMENT B 141-STANDARD FORM SER VICES • 1997 EDITION - AIA -COPYRIGHT 1997 -THE AMERICAN MSTITUTE OF ,ARCHITECTS, 17;3
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Completion to review the need for facility operation services.
2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the
Architec[ shall conduct a meeting with the Owr~erand the Owoer's Designated Representative M rv?ew a+< ~orptni ^ra.rgrt..^< ,^,t
• ^°rfermnncc s.^.d to mWle approprate recommendations to the Owner. '
ARTICLE 2.8 SCHEDULE OF SERVICES
2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change
in Services in accordance with Paragraph 1.3.3:
.1 up to L )reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor.
.2 up to 1 wee I )visits to the site by the Architect over the duration of the Project during construction.
.3 up to L )inspections for any portion of the Work to determine whether such portion of [he Work is substantially
complete in accordance with the requirements of the Contract Documents.
.4 up to (). )inspections for any portion of the Work to determine final completion.
2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in
accordance with Paragraph 1.3.3:
.1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect;
.2 responses to [he Contractor's requests for information where such information is available to the Contractor from a
careful study and comparison of the Contract Documenu, field conditions, other Owner-provided information,
Contractor-prepared coordination drawings, or prior Project correspondence or documentation;
• .3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or
revision of Instruments of Service;
.4 providing consultation concerning replacement of Work resulting from fire or other cause during construction;
.5 evaluation of an extensive number of claims submitted by the Owners consultants, the Contractor or others in
connection with the Work;
.8 evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequen[ revisions to
Instruments of Service resulting therefrom;
.7 preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; or
.8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work.
2.8.3 The Architect shall furnish or provide the following services~r a c c wit Articles 1.3.3 and 1_5 _ only if
specifically designated:
Services
Responsibility
(Archrreer. Otvrrer or Nor ProvrdedJ
Location of Service
Description
.1 Programming and Conventual Desigq
.2 Land Survey Services
.3 Geotechnical Services
.4 Space Schematics/Flow Diagrams
A DOCUMENT B 141 STANDARD FORM SERVICES - 1997 EDITION • AIA -COPYRIGHT 1997 • THE AMERICAN MSTITIJTE OF ARCHITECTS, 1731
EW YORK AVENUE N.W., WASHMGTON, D.C. 20006-5292. WARNMG: Unlicensed photaopying violates U.S. copyright laws end will subject the violator
Icgal prosecution. This document was electronically produced with permission of the AIA and cart lx reproduced without violation until the date of expiration at noted
below.
Electronic Format 6141-1997
.5 Existing Facilities Stuveys
.ti Economic Feasibility Stuvey
.7 Site Analysis and Selection
8 EnvironmPotal Studies and Reports
• .9 Owner Supplied Data or ~ `'.c Voltao~ t'r,,:, .., c.._.. Coordination
.10 Schedule Development and Monitoring
.l 1 Civil Design
.12 Landscape Design
.I3 Interior Design
.14 Special Bidding or Negotiation
.15 Value Analysis
.1 ti Detailed Cost Estimating
.17 On-Site Project Representation
.18 Construction Management
. ] 9 Start-up Assistance
.20 Record Drawings
.21 Post-Contract Evaluation
.23 N/A
.2J N/A
.25 Nom/
(/ruerr descriprions ajthe serv(crr des(grored)
ARTICLE 2.9 MODIFICATIONS
2.9.1 Modifications to this Standard Forrn of Architect's Services: Design and Contract Administration, if any, are az follows:
• By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are
incorporated into the Standard Fotm of Agreement Between the Owner and Architect, AlA Docttment 6141-1997, that waz
entered into by the parties as of the date:
--O--~~WNER t gna e) ARCHIT T (Stgna e)
(Pnn[ed nemc and title)
i~-.~[-C../~ tv,lP ~~ ,fir
(Printed name and title)
DOCUh1ENT B la I•STANDARD FORM SERVICES - 1997 EDRION • AIA • COPYRIGHT 1997 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735
EW YORK AVENUE N.W., WASHMGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws end will subject the
viiolatono legal prosecution. Thit document was electronically produced with permission of the AIA and can be reproduced without violation until the date of
expiration az noted below.
Electronic Format 6141-1997
Standard Form of Agreement Between ®wner and A,rchiXec>t
• with Standard Form of Architect's Services
AIA Document 8141 - 1997
1997 Edition -Electronic Format
This document has important legal consequences. Consultation with an sttomey it encouraged with respect to its oomptetion or modification. AUTHENTICATION
OF THIS ELEC7RONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USMG AIA DOCUMENT D401.
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1967, 01997 Dy The American Institute of Architectt. Reproduction of
the material herein or tubs[an[ial quotation of its provisions without written permission of the AIA violates the Copyright laws of the United States and will subject the
violator to legal prosecution.
TABLE OF ARTICLES
1.1 INITIAL INFORMATION
1.2 RESPONSIBILITIES OF THE PARTIES
1.3 TERMS AND CONDITIONS
1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.5 COMPENSATION
AGREEMENT made az ofthe /3~ day of1e1~~ in the year 2001•
(In wordr, indicate day, month and year)
BETWEEN [he Architect's client identified az the Owner: Villaee of Nord+ palm Beach snt t Ic I-I'~h v ~-- *~orth Palm Beach
FL 33408
(,v'ame, oddreu and othtr rn/ormarioy
and the Architect: BEA International 224 Datura Stre r cute st t w o t o ach F 33ant
(Name. addrtts and atlrtr rnjormaroy
For the following Project:- nterior renovations' Villaee~l ~ describedjp t,~e a va • S[udv prepared,¢v_ ee & Jenson
E-A-P. Inc onlune8 2000
(Include detailed descrtprran oJProfecU
The Owner and Architect agree az follows.
ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based on the following information and assumptions.-~ T~ prQgramatic oals and spatial
quantities stated in the June Rrh RrnnvaKnn c..,,t., .,__ ___..~._ ......, .. _
DOCUMEM B 141 •STANDARD FORM AGREEMENT - 1997 EDITION •AIA • COPYRIGHT 1997 • THE AMERICAN MSTITUTE OF ARCHITECTS,
NEW YORK AVENUE N.W., WASHRJGTON, D.C. 20006.5292. WARN(N0: lJnlicensed photaopying violates U.S. copyright laws and will subject the
violator legal prosecution. This document was elcetronieally produced with permiuion of the AIA and een be reproduced without violation until the date orexpiration
as noted below.
Electronic Format 6141-1997
User Document: B-141.DOC -- 227/2001. AIA License Number 116490, which expires on 3/3/2001 -- Page k I
significant additions to the pr41ect ,cue
(Nose thr ditpoNrfon jot the jo!lowing !gems by lnrrrlrng the nqueued Irt/ormaHOn w a aoremmrsuch as nor app!lcab/e." unfnawrt ar rfine ojexecurion• or
"to be determined later by mutual agreement. J
1.1.2 PROJECT PARAMETERS
• 1.1.2.1 The objective or use is:_ tilize the}pJ
and reconfts;ure each department to meet the'
(/drnth or ducrlbe, if oppropriatr, proposed un Or goals,)
1.1.2.2 The physical parameters are:_.TL~ i in yilla¢e~I j,4 located al~~ wa ~~t rth Palm ach
Florida. It is approximately 10 000 4F
(/dents or describe, if oPPropriare, slzt. location, dimensions, or other perlfnen!!R/ormarion, such of gsouchnloa! reports abou! the slrt.J
1.1.2.3 The Owner's Program is:_ As stated in the June st ~nnn t:...,..,e.:__ c ,,
(/depth documentation or store the manner !n which the program wUl be developed)
1.1.2.4 The legal parameters are:_ r 'ect scone i; 'm•t ~~ °hvsical uil 'n 1 ca edgJ,;iQj.~ Hiehwav 1 Non Palm
Beach. Florida
(/dent fy pertinent legs! Injormadon. fne/udfng, ffapproprfate, (and surveyr and legal drscrlptlons and rutrlcrfons ojrhe rite.)
1.1.2.5
.1
a ,'
.2 .
1.1.2.6 The •'--
r--.........,
((dent fy, ljappropriate. milestone dates. durariont orjast track xhtduhng.J
. 1.1.2.7 The proposed procurement or delivery method for the Project is: Competitive biddine
(/denr~ method such at competitive bid. n¢gonolyd contract, or consbuc(lon managemenLJ
1.1.2.6 ci.t.... _„r _
.. r__.......r
(/depth special choracrrrtirics or needs ojrhe Project such os energy, envlronmenta! or hlrrorle prrservartan requtremenrs.J
1.1.3 PROJECT TEAM
1.1.3.1 The Owner's Designated Representative is:_~ Tom art
Beach. 645 Prosperity Farms Road *t h palm Beach F~ vienA ~" P° It ervice ire t r VillageQf North aim
(Gsr name, address and other mjormarron.J
1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's
submittals to the Owner are: one
(Litt name, address and other Iq/ormatlon.J
1.1.3.3 The Owner's other consultants and contractors are: None
(Lur discipline and ijlmown. idenrfy them byname and addrrtt.)
1.1.3.4 The Architect's Designated Representative is: Mr Timothy Hullihan AIA BFA International 224 Datura Street ''uite
>11. West Palm Beach F 33401
(List name, address and other Injormollon.J
1.1.3.5 The consultants retained at the Architect's expense are:_ JLSD• tc, A s al ~ n
~99SS~L0&.~08~4I>4,,.].$(1_0 u tr ian ve ue
~UMENT B14I-STANDARD FORM AGREEMENT • 1997 EDITION • A(A • COPYRIGHT 1997 • THE AMERICAN INSTITf1TE OF ARCHITECTS,
NEW YORK AVENUE N.W., WASHMGTON, D.C. 20006.5292. WARNING: Unlicensed photocopying violate U.S. copyright laws and will subject the
~ iator Icgal prosecwion. This document was electronically produced with permission of the AIA end can be reproduced without violation until the dale of expiration
as noted below.
User Document: B-141.DOC -• 2(27/2001. AIA License Number 116490, which exlpbes on 3/3QOOIB! Page N2
South uite 301. West Palm Beach F 33409
(List drsciprinc and, if known, ldcnrh them by rame and address.)
1.1.4 Other important initial information is:- Since-thg~ctte dev_elgpmgnt i~ not. i.Ocluded.jn_thi~ p-^Iegt,_lan!israping and rt.~il
• eneineerina services are not included - ---
1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract
for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement, or az follows:
1.1.6 The information contained in this Article I.1 may be reazonably relied upon by the Owner and Architect in determining
the Architect's compensation. Both parties, however, recognize that such information may change and, in that event, the Owner
and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with
Paragraph I.3.3.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this
Agreement. Both patties shall endeavor to maintain good working relationships among ell members of the Project team.
1.2.2 OWNER
1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding
requirements for and limitations on the Project. The Owner shall famish to the Architect, within li days after receipt of a written
request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights.
1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work.
The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the
Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a
corresponding change in the Project scope and quality.
• 1.2.2.3 The Owners Designated Representative identified in Paragraph I.1.3 shall be authorized to act on the Owner's behalf
with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner
pertaining to documenu submitted by the Architect in order to avoid unreazonable delay in the orderly and sequential progress of
the Architect's services.
1.2.2.4 The Owner shall furnish the services of consultanu other than those designated in Paragraph 1.1.3 or au[horize the
Architect [o famish them az a Change in Services when such services are requested by the Architect and are reasonably required
by the scope of the Project.
1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall famish tests, inspections and reports required by law or
the Contract Documents, such az structural, mechanical, and chemical tests, tests for air and water pollution, and tests for
hazardous materials.
1.2.2.6 The Owner shall famish all legal, insurance and accounting services, including auditing services, that may be reasonably
necessary at any time for the Project to meet the Owner's needs and interests.
1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the
Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service.
1.2.3 ARCHITECT
1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in
Article 1.4.
1.2.3.2 The Architect's services shall be performed as expeditiously az is consistent with professional skill and care and the
UMENT 8141-STANDARD FORM AGREEMENT - 1997 EDRION •AIA • COPYRIGHT 1997 • THE AMERICAN INSTITUTE OF ARCHRECTS,
,NEW YORK AVENUE N.W., WASHMGTON, D.C. 20006.5292. WARNMG: Unlicensed photocopying violates U.S. copyright laws and will subject the
violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration
as noted below.
Electronic Fotmat B 141.1997
User Document: B-141.DOC -- 227/2001. AIA License Number 116490, which expires on 3/3/2001 -- Page N3
orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the
Architect's services which initially shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which shall
be adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the
Owner's review, for the performance of the Owner's consultants, and for approval of submissions by avrho•iri.~ ha„i^Q
• jurisdiction over the Project. Time limits established by this schedule approved by the Ovvner shall not, except for reazonable
cause, be exceeded by the Architect or Owner.
1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Architect's
behalf with respect to the Project.
1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by [he Owner,
unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the
Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's
consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner.
1.2.3.5 Except with the Owners knowledge and consent, the Architect shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with
respect to this Project.
1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond
in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project.
1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the
Owner. The Architect shall provide prompt written notice to the Owner if the Architec[ becomes aware of any errors, omissions
or inconsistencies in such services or information.
ARTICLE 1.3 TERMS AND CONDITIONS
1.3.1 COST OF THE WORK
• 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimzted cost to the
Owner of all elements of the Project designed or specified by the Architect.
1.3.1.2 The Cost of the Work shall include the cost at Curren[ market rates of labor and materials furnished by the Owner and
equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or
supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance
for their overhead and profit. In addition, a reazonable allowance for contingencies shall be included for market conditions at the
time of bidding and for changes in the Work.
1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the
land, rights-of--way and financing or other costs that are the responsibility of the Owner.
1.3.2 INSTRUMENTS OF SERVICE
1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the
Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's
consultants shall be deemed the authors and owners of their respective Instrumenu of Service and shall retain all common law,
statutory and other reserved righu, including copyrights.
1.3.2,2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's
Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall
comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain
similar nonexclusive licenses from the Architect's consultanu consistent with this Agreement. Any termination of this Agreement
prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further
reproductions of Instrumenu of Scrvice and shall return to the Architect within seven days of termination all originals and
U(1C;UMEM 6141 -STANDARD FORM AGREEMENT • 199) EDITION •AIA -COPYRIGHT 1997 - 7HE AMERICAN INSTITIIfE OF ARCHITECTS.
i YEW YORK AVENUE N.W., WASHINGTON, D.C. 20006.5292. WARNING: Unlieenud photocopying violates U.S. copyright laws and will subject the
violator Icgal prosecu[ion. This document wat electronically produud with permission of the AIA end can be reproduced without violation until the date of expiration
u noted below.
User Document: B-141.DOC -- 2!27/2001. AIA License Number 116490, which exlp ies on 3 3ROOIB! Page tl4
reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement,
the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to
authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes,
corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Projec!.
• 1.3.2.3 Except for the licenses granted in Subparagraph 1.3.2.2, no other license or right shall be deemed granted or implied
under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to
another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the
Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the
Instruments of Service appropriate to and for use in their execution of the Work by license granted in Subparagraph 1.3.2.2.
Submission or distribution of Instruments of Service 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 reserved rights of the Architect and the Architect's
consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other
projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized
use of the Instrumenu of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's
consultants.
1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the
Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate
written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data,
including any special limitations or licenses not otherwise provided in this Agreement.
1.3.3 CHANGE IN SERVICES
1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished
after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances
beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In the absence of
mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. if [he Owner deems that all or
a pan of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect
shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the
Architect shall entitle the Architect to an adjustment in compensation pursuant to Paragraph 1.5.2, and to any Reimbursable
• Expenses described in Subparagraph 1.3.9.2 and Paragraph I.S.S.
1.3.3.2 if any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled [o an
appropriate adjustment in [he Architect's schedule and compensation.
.1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service;
.2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to
previously prepared Instruments of Service;
.3 decisions of the Owner not rendered in a timely manner;
.4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or
budget, or procurement method;
.5 failure of performance on the part of the Owner or the Owner's consultants or contractors;
.6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except
where the Architect is party thereto;
7 change in the information contained in Article 1
1.3.4 MEDIATION
1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as
DOCUMENT B U t •ST.~NDARD FORM AGREEMENT - 1997 EDRION -AIA • COPYRIGHT 1997 -THE AMERICAN MSTITUTE OF ARCHITECTS.
.NEW YORK AVENUE N.W., WASHMGTON, D.C. 20006.5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the
violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration
ss noted below.
Electronic format 8141-1997
User Document: B-141.DOC -- 2!27/2001. AIA License Number 116490, which expires on 3/3!2001 -- Page d5
a condition precedent te~rblifatien or the institution of legal or equitable proceedings by either parry. If such matter relates to or
is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to
comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration.
med anon wh chT'unless the parties multuallyeagreetotherwlse, shall be in accordancetwith theeConstruction Industry Mediation
• Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other
party to this Agreement, °-J ^'o.,~.,.nt;,a-A,,,~~FAn.htAiaatiw °° ~rL_ ____ _ _.
which -sha H -ba jyy eel .paneling t
1.3.4.3 The parties shall share the mediator's foe and any filing fees equally. The mediation shall be held in the place where the
Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as
settlement agreements in any court having jurisdiction thereof.
1.3.5 ARBITRATION
1.3.5.1 Any-eiaittt;~ispute~r-eNter~natter-ire-cltlestien-anising-euE~t.
shai4-besubjret-tear~itratien;.
1.3.5.2
arE~itratien-whic~t; unless the-parties'mutuali!`'ag+aa~thaRViso--shah-be-in-aeserdanee-with-Ehe-6enstru~tien-indestq'-ArbHtatien-
Rules-efthe-American-Argivatien-Asseeiat~ientatrrerttiy-ine~'eeb-Tree ~emand~er-arbitratietl-shaFi~e-fried-ire-wFitingivitkt thr
1.3.5.3 A-dentand-€er-arbitratiettihaii-hetnade-With'to-area;sexabiatime-agar-ihe-siaim;~isputet•r-ether
1.3.5.4 ?:e-ar~iEratien-aris+rtg-euE-e#'-ertelaEittgtethis-Agreetent-sha{i-inelede;
• mLa_r{nrr;anadditienai-persJea' (•~~~~~~ ~.~J -.`_- , ~Ytientar feindrrer~nanym-etuh'enr-
ttry} i`jr G... ~~~~-~gne((yµa theyl,YfCf~it~tryfry'attM'tlt1114-r~aL{AO.G[.~O[1lL SA,an{,f.f~ L.. :_.-_J /~;~~fiVr{~`f,~
net -descitbed -In the -WT~IEt2R -fafl5@F!E 6r i4lF}t ~ -p2(~gp -OF-BREity ttBE tHmEd-6r tIC50Fi~Ed ti1MdIR: ~~10 ~0r2g9iRg.a~l9CmEgt to
°a.bima.c~„~r.asseemanw rw 1 t, rr L aa:,:°--' ------ . .
1.3.5.5 The-awardfendered-bythearbitrater•erarbikaters-shall-be-f+nal;-aad fudgtneRttnay-baentered-open-it-in-aeferdartc~
1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or
relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's
termination in accordance with Paragraph 1.3.8.
1.3.7 MISCELLANEOUS PROVISIONS
1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise
provided in Paragraph 1.4.2.
1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General
Conditions of the Contract for Construction, current as of the date of this Agreement.
1.3.7.3 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 commence to run not later than either the date of Substantial Completion
UUCUMENT B141•STANDARD FORM AGREEMENT - 1997 EDI710N -AIA • COPYRIGHT 1997• THE AMERICAN INSTITUTE OF ARCHITECTS.
,NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-3292. WARNMO: Unlicensed photocopying violates U.S. copyright laws and will subject the
, iolator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of e:cpiration
u noted below.
User Document: B-141.DOC - 2/27/2001. AlA License Number 116490, which exlpUes on 3/3/20016 l Page 96
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. In no event shall such statutes of limitations commence to run any
later than the date when the Architect's services are substantially completed.
4.3.7.4 Tc the e,<tent damages are covered by property insurance during construction, the Owner and the Architect waive all
• rights against each other and against the contractors, consultants, agents and employees of the other for damages, 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 or the Architect, as appropriate, shall
require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties
enumerated herein.
1.3.7.5 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 Owner or Architect.
1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultanu shall have no responsibility for
the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any
form at the Project site.
1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among
the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to
make such representations. However, 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 in the Owner's promotional materials
for the Project.
1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted
to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall no[ be required [o
execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement.
the other party towthis Agreement and to hetparmerst,t successorscassigns and legal representat vestof such other party tv th rtespec~
• to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of
the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such
event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consenu
reasonably required to facilitate such assignment.
1.3.8 TERMINATION OR SUSPENSION
1.3.8.1 If the Owner fails to make pavmenu to the Architect in accordance with this Agreement, such failure shall be Considered
substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of
services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give
seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner
for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be
paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.
The Architect's fees for the remaining services and the time schedules shall be equitably adjusted.
1.3.8.2 If 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 shall be compensated for
expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services
and the time schedules shall be equitably adjusted.
1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect
may terminate this Agreement by giving not less than seven days' written notice.
1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party
. DOCUMENT Blil•STANDARD FORM AGREEMENT - 1997 EDITION •AIA -COPYRIGHT 1997 -THE AMERIC,4N INSTITUTE OF ARCHITECTS,
NEW YORK AVENUE N.W., WASHMGTON, D.C. 20006.5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject Ne
iator legal prosecution. This document was etectronicelly produced with permission of [he AlA and can bt rcprodueed without violation until the date of expiration
as noted below.
User Document: B-141.DOC -- 2!27!2001. AIA License Number 116490, which exlpues on 3/~ OOIB! Page X7
fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the
termination.
1.3.8.5 This Agreement may be terminated by the Cwnrr upon not less than seven daye' tvritter mt~~~. r- •` , p-.t.;,e_, ~ _
• Uwner's convenience and without causes ~ rh=.
1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed
prior to termination, together with Reimbursable Expenses then due and all Termination Expenses az defined in Subparagraph
1.3.3.7.
1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly
attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated
profit on the value of the services not performed by the Architect.
1.3.9 PAYMENTS TO THE ARCHITECT
1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon
presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account
of penalty, liquidated damages or other sums withheld hom payments to contractors, or on account of the cost of changes in the
Work other than those for which the Architect has been adjudged to be liable.
1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the
Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses:
.1 FtansportaFien -in -~eeneetien _wyth -tHe
communications; -~.1~~ authorized out-of--town travel and subsistence, and electronic
.2 fees paid for securing approval of authorities havingjurisdiction over the Project;
.3 reproductions, plow, standard form documenu, postage, handling and delivery oflnstrumencs of Service;
• .4 expense of overtime work requiring higher than regular rates ifauthorized in advance by the Owner;
.5 renderings, models and mock-ups requested by the Owner;
.6 expense of professional liability insurance dedicated exclusively to this Project or the expanse of additional
insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the
Architect's consul[an[s;
.7 reimbursable expenses as designated in Paragraph 1.5.5;
.8 other similar direct Project-related expenditures.
1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the
bazis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized
representative at mutually convenient times.
1.3.9.4 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 end benefits related thereto, such az employment taxes and
other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions.
ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. This Agreement represenu the entire and integrated agreement between the
w~.unttu r 9141-STANDARD FORM AGREEMENT • 1997 EDITION - AIA • COPYRIGHT 1997 • THE AMERICAN INSTITUTE OF ARCHITECTS,
i NEW YORK AVENUE N.W., WASHINGTON, D.C. 200063292. WARNING: Unlicensed photocopying violates U.S. wpyright laws and will subject Ne
violator Icgal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration
as noted below.
User Document: B-I41.DOC -- 2!27/2001. AIA License Number 116490, which xlpi tes on 3/3/2001B1 Page r<8
Owner and the 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. This Agreement comprises the
documents listed below.
i•4•i•1 Standard Form of Agreement'oehveenOwnerandArchitect,.AlADocumentBl41-1997.
• 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document B 141-1997, or az follows:
(List other documents, ljany. delineating grchitecPs scope ofnrvieet.)
1.4.1.3
(Litt other dacvmenu, If any, jorm(ng pot! ojrhe Agreement.)
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:- Dew
services specifically excluded ro t is a¢reement at this time. but may t,P a,t.t.e t., e,.,.,._._
auementation elative tQ curtent wind pad
[han One Hundred T u a d oar
.gYstems: h a u materials u ve s and abatement
-PAL -?SL~.9t1.@Il~ LhLag Eiundre~ u a Ila fS300 000 001 er
nF a ..e R.I t.,...~'-- --~'-°---- ... ._ -'-- -p-
ARTICLE 1.5 COMPENSATION
1.5.1 For the Architect's services as described under Article I.4, compensation shall be computed as follows _A lump sum fee
of S 175.750 for a final orgiect cost uo to S 1850 000 Above thk rn . rh ti•
sects total compensation will be~.5'/, of the final
construction cos[. Prolate dext¢n phazes and percentastes of work effort i r v v, • e ~
1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, the Architect's compensation shall be
adjusted. Such adjustment shall be calculated az described below or, if no method of adjustment is indicated in this Paragraph
1.5:2, in an equitable manner. If asn-eed to be performed at ~ ho rlv rate he rate in Atta h ens A will be pplled ump sum
compensation will be ne¢otiated on a case by c xe back
//nterr bath ajcompentanon, lnclud(ng sates and multiples ojDirter Pertonne( £spentt jot Princlpalt and employers. and identify Principolt and tlauh
employees, Jrequired. /denr~ specific services to which particular methods ofeompentation apply.)
1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of I.I )times
the amounts billed to the Architect for such services.
1.5.4 For Reimbursable Expenses az described in Subparagraph
Reimbursable Expenses, the compensation shall be computed as
Architect, and the Architect's employees and consultants.
1.5.5 Other Reimbursable Expenses, if any, are as follows: TJone
1.3.9.2, and any other items included in Paragraph ].5.5 az
a multiple of (],.Q )times the expenses incurred by the
1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall
be adjusted in accordance with their normal salary review practices.
1.5.7 r1n +rtirial paigneat t~€ i3ellars (S) .. t+nde~
d+is-A,rretrtent:-ltshaF{-be-ereAited•tethe-9wneF's~aseettntat-final-payment,Sabse~tt~tt-payr~K-far:-servisessha}}~e-rnade-
~ and there arrl ti u n s. .,...,.»._-'- ------
~DOCUbtENT 8141-STANDARD FORM AGREEMENT • 1991 EDITION • q1A • COPYRIGHT 1997 -THE AMERICAN MSTITUTE OF ARCHITECTS.
NEw YORK AVENUE N. w., WASHINGTON, D.C. 20006.5292. WARNMG: Unlicensed photocopying violates U.S. copyright laws and will subjcet the
slot legal prosecution. This document was electronically produced with permission of the AIA and een be «produced without violation until the date ofexpiration
s; noted below.
User Document: B-141.DOC -- 227/2001. AIA License Number 1 16490, which exlp yes otn 3/3lLOOIB ~ Page X9
1.5.8 Payments are due and payable (~ )days from the date of the Architect's invoice. Amounts unpaid 6(_0) days after the
invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing Bom time to time at
the principal place of business of the Architect. I.5°/a per month compounded monthly
(/nterr rate of Inrerear agreed upon.) -
• (Drury /awe and requirements under 1ht Frdera( Tiurh in Lending Ae4 armllar start and /acal eonrumtr eredrr rmra and other regvlariorv ar the Owner j and
Architecri principal plocu o/burinett, the location aj the ProJeCr and t/tewhtrt moy affeGr rht vofldlry of fhU pravhion. Speck regal advice shooed bt
obtained wrrh respect to dc/erlons or mod~carionr. and also regarding requlremenrs such as written dixfosur[s or waivers.)
1.5.9 If the services covered by this Agreement have not been completed within (~ )months of the date hereof, through no
fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Paragraph 1.5.2,
This Agreement entered into a day and year first written above.
Joseph A. Tringali, Mayor
Timothy F. Hullihan, Vice President
' DOCUMENT BI11•STAWARD FORM AGREEMENT - 1997 E01710N - AtA -COPYRIGHT 1997 -THE rU1ERICPuN MSTiME OF ARCHITECTS.
tv'EW YORK AVENUE Y.W., WASHINGTON, D.C. 200065292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the
for Icgal prosecution. This document waz electronically produced with permission of the AlA and can be reproduced without violation until [he date of expiration
as noted blow,
Electronic Format 6141.1997
User Document: B-141.DOC -- 227!2001. AG1 License Number 116490, which expires on 3/32001 -- Page X 10