98-22904 RESO
RESOLUTION NO.
98-22904
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT WITH THE FIRM OF
ROBERT A. M. STERN ARCHITECTS, PURSUANT TO REQUEST FOR
LETTERS OF INTEREST NO. 2-97/98 FOR ARCHITECTURAL/
ENGINEERING SERVICES TO DESIGN AND PREPARE CONSTRUCTION
DOCUMENTS FOR A REGIONAL LIBRARY, A 400-SP ACE PARKING
FACILITY WITH GROUND-FLOOR RETAIL, AND PARK AND
STREETSCAPE IMPROVEMENTS, TO BE COMPRISED IN A CULTURAL
ARTS CAMPUS IN THE VICINITY OF THE BASS MUSEUM AND
INCLUDING COLLINS PARK.
WHEREAS, on October 2, 1997, the Mayor and City Commission authorized the
Administration to issue Request for Letters of Interest No. 2-97/98 for Architectural/Engineering
Services to Develop Design, and to Prepare Construction Documents for a Regional Library, a 400-
Space Parking Garage with Retail Space, and Park and Streetscape Improvements in a Cultural Arts
Campus in the vicinity of, and including, Collins Park (RFLI); and
WHEREAS, from January 27,29, 1998, nine firms made presentations to a City-selected
Evaluation Committee and the firms of Legorreta Arquitectos/Schapiro Associates; Mateu, Carreno,
Rizo & Partners/Hardy Holzman Pfeiffer Associates; Perkins & Will; and Robert A.M. Stem
Architects/Borrelli and Associates were shortlisted; and
WHEREAS, on May 20, 1998, the four selected firms submitted proposals and on May 26,
1998, made presentations, with the firm of Robert A. M. Stern Architects eventually ranked first;
and
WHEREAS, on June 3, 1998, the Administration was authorized by the Mayor and City
Commission to enter into negotiations with Robert A. M. Stern Architects; and
WHEREAS, based on the negotiations, the Administration has successfully negotiated the
attached Agreement for Architectural/Engineering Services to Design, and Prepare Construction
Documents for a Regional Library, a 400-Space Parking Garage with Retail Space, and Park and
Streetscape Improvements in a Cultural Arts Campus in the vicinity of, and including, Collins Park.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the Mayor and City Clerk to execute the attached Agreement between
the City and the Firm of Robert A. M. Stem Architects to provide Architectural/Engineering
Services to Develop Design, and to Prepare Construction Documents for a Regional Library, a 400-
Space Parking Garage with Retail Space, and Park and Streetscape Improvements in a Cultural
Arts Campus in the vicinity of, and including, Collins Park.
PASSED AND ADOPTED this 23rd day of Sept., 1998
1JI/j
MAYOR
ATTEST:
~}' PaAduA.
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
4'li!lI~ 4ljf-/~"
C , Horney ~
F\ WORK\$ALLICHA TRANDlCUL TURALISTERNRES WPD
~ITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
rIp :\\ci. miami-beach. fl. us
COMMISSION MEMORANDUM NO.
L,~~-9~
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: September 23,1998
FROM:
Sergio Rodriguez
City Manager
,
SUBJECT:
A RESOL ION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT WITH THE FIRM OF ROBERT A.
M. STERN ARCHITECTS PURSUANT TO REQUEST FOR LETTERS OF
INTEREST NO. 2-97/98 FOR ARCHITECTURAL/ENGINEERING
SERVICES TO DESIGN AND PREPARE CONSTRUCTION DOCUMENTS FOR
A REGIONAL LIBRARY, A 400-SPACE PARKING FACILITY WITH
GROUND-FLOOR RETAIL, AND PARK AND STREETSCAPE
IMPROVEMENTS, TO BE COMPRISED IN A CULTURAL ARTS CAMPUS
IN THE VICINITY OF THE BASS MUSEUM AND INCLUDING COLLINS
PARK.
ADMINISTRA TION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
On October 2, 1997, pursuant to the authorization of the City Commission, the Administration
issued a Request for Letters of Interest (RFLI) for Architectural/Engineering Services to develop
design, and prepare Construction Documents for a Regional Library, a 400-Space Parking Garage
with Retail Space and Park and Streetscape Improvements in a Cultural Arts Campus in the vicinity
of, and including, Collins Park. On June 3, 1998, after presentations and considerable discussion,
the Mayor and City Commission authorized the Administration to enter into negotiations with
Robert A. M. Stem Architects to obtain an agreement for architectural and engineering services.
ANAL YSIS
The Administration received an initial proposal from Robert A. M. Stem Architects for $2,036,588
in fees. The City Administration has negotiated a total fee of$l ,570,000, which includes $1,305,000
for Basic Services comprised of program verification, site development, architectural and
engineering services, construction documents, construction administration, public meetings,
regulatory approvals, and landscape design, and schematic design of the Rotunda Building in
Collins Park. If the Commission also approves continuing with a complete design and
AGENDA ITEM
R11-t
9-~3-lE
DATE
construction documents process for the Rotunda, an additional services proposal will be obtained
from Robert A. M. Stem Architects for a complete set of documents. A maximum amount of
$205,000 for reimbursable expenses is included in the total. In addition, a lump sum fee of$60,000
is provided for interior design and furniture, fixtures and equipment (FF&E) selection. The public
meetings will be limited to twelve, but are in addition to the normal required project reviews with
staff and the Building Committee meetings. The fee will be subject to proportionate adjustments
based on modifications of scope or budget as determined by the City Administration or by changes
in project requirements. If due to changes in site availability or size, the project is modified, the fee
will also be adjusted proportionately to the change in scope or budget.
The negotiated fee is comparable to the fees provided by the other firms competing for similar
services, and which were as follows: Mateu, Carreno, Rizo & Partners/Hardy Holzman Pfeiffer
Associates proposed a total fee of $1,512,000, exclusive of design services for the Rotunda Building;
Legorreta Arquitectos/Schapiro Associates proposed a fee of $1,132,705, exclusive of FF&E
selection, and design services for the Rotunda Building; Perkins & Will did not submit a fee
estimate with their response. It must be noted that the fees for these other consultants were estimates
only and were not clear as to inclusion of public meetings and reimbursable expenses. The
negotiated fee is also lower, as a percentage to construction cost, than the fee negotiated with Arata
Isozaki / Spillis Candela and Partners, Inc. for the design of the Bass Museum Expansion and
Renovation Project.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the agreement with
Robert A. M. Stem Architects, for Architectural/Engineering Services to design and prepare
Construction Documents for a Regional Library, a 400-Space Parking Garage with Retail Space,
a schematic design for a Black Box Theater at the existing Rotunda Building and Park and
Streetscape Improvements in a Cultural Arts Campus in the vicinity of, and including, Collins Park.
SR~'\ "",,'Ii
AttachmeAts
F:I WORKI$ALL ICHA TRANDICUL TURAL ISTERN~lE~l WPD
I
1997 EDITION
AlA DOCUMENT 8141-1997
II Standard Form of Agreement Between Owner and Archi teet
with Standard Form of Architect's Services
A G R E E MEN T made as of the
in the year One Thousand Nine
(In words, indicate day, month and year)
day of July
Hundred Ninety-Eight.
This document has important
legal consequences.
Consultation with an
attorney is encouraged
with respect to its
completion or modification.
BET WEE N the Architect's client identified as the Owner:
(Name, address and other information)
The City of Miami Beach,
a municipal corporation under the
~aws of the state of Florida
1700 Convention Center Drive
Miami Beach, FL 33139
TABLE OF ARTICLES
1.1 INITIAL INFORMATION
1.2 RESPONSIBILITIES OF THE
PARTIES
1.3 TERMS AND CONDITIONS
and the Architect:
(Name, address and other information)
Robert A.M. Stern Architects
460 West 34th Street
New York, NY 10001
1.4 SCOPE OF SERVICES AND
OTHER SPECIAL TERMS
AND CONDITIONS
1.5 COMPENSATION
For the following Project:
(Include detailed description of Project)
A new Regional Library, 400 space structured parking facility with ground
floor retail, and park and streetscape improvements as part of a cultural
arts campus in the vicinity of the Bass Museum, and including Colli~ark.
(bl1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The Owner and Architect agree as follows.
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, @1997 by The American
Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecu-
tion.
WARNING: Unlicensed photocopyinj! violates U.S. copyright laws and will subject the violator to legal prosecution.
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
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ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based on the following information and assumptions.
(Note the disposition for the following items by inserting the requested information or a statement such as "not
applicable," "unknown at time of execution" or "to be determined later by mutual agreement.")
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
(Identify or describe, if appropriate, proposed use or goals.)
Construction of a 42,000 gsf regional public library, a 400 space parking facility
with ground floor retail space, and preparation of a master plan for a "Cultural
Arts Campus," linking these facilities with Collins Park, the Bass Museum and the Miami
1.1.2.2 The physical parameters are: City Ballet.
(Identify or describe, if appropriate, size, location, dimensions, or other pertinent information,
such as geotechnical reports about the site.)
Described in site area maps and surveys contained in Exhibits 1 and 2 of the
City of Miami Beach Design Competition Bid/Proposal package, dated February 1998.
1.1.2.3 The Owner's Program is:
(Identify documentation or state the manner in which the program will be developed.)
Described in Exhibit 6, together with other information contained in the Design
Competition Bid/Proposal Package.
.....
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1.1.2.4 The legal parameters are;
(Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and
restrictions of the site.)
As identified in the Design Competition Bid/Proposal Package.
1.1.2.5 The financial parameters are as follows.
.1 Amount of the Owner's overall budget for the Project,
compensation, is: $17,000,000 as described in
dated May 20, 1998.
~ Amount of the Owner's budget for the Cost of the Work, excluding the Architect's /~.
~ompe4nsation,is; Al1r,96J,412, as described in Architect's Competition entryf!)2
.ofl~ ~0a:JD...?'dated May 20, 1998. r ZJ
1.1.2.6 The time parameters are:
(Identify, if appropriate, milestone dates, durations or fast track scheduling.)
Te ee tk ~;-nllin!.d. (:;'lrc:..h 'I~.~-t_ 'iok{:Ll\ -prov" ~ cteJ"fo OwV\e,v- w ;tv-.j:", -+l-..'Irt~ (3C;)
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-fo(" -t~ p~or'w\a.~ ot'~ co:::f."--v-V"\{...e"", h~t>....,^,~.& ex- J
1.1.2.7 The proposed procurement or delivery method for the Project is:
(Identify method such as competitive bid, negotiated contract, or construction management.)
including the Architect's
Architect's Competition entry
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Competitive lump sum bids.
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1.1.2.8 Other parameters are:
(Identify special characteristics or needs of the Project such as energy, environmental or historic preservation
req u i rements.)
A conceptual schematic design for
Architect's competition entry for
and accepted by the City, subject
plan conceptA forms the basis for
Agreement.
the Project contained in the
the Project dated May 20, 1998,
to modifications of the master
the services described in this
(Jb
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@1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
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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:
(List name, address and other information.)
-rhe, ~ u- 'i\ a.l V' 3 GoW\ 'v>1. ", tte.,e,
1.1.3 PROJECT TEAM
1.1.3.1 The Owner's Designated Representative is:
(List name, address and other information.)
J..e~:;1 ~ v\Lxke..Q 10 "l ~~ Ow 1'\ e. r
1.1.3.3 The Owner's other consultants and contractors are:
(List discipline and, if known, identify them by name and address.)
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1.1.3.4 The Architect's Designated Representative is:
(List name, address and other information.)
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Alexander Lamis, Associate Partner
Robert A.M. Stern Architects
460 West 34th Street
New York, NY 10001
1.1.3.5 The consultants retained at the Architect's expense are:
(List discipline and, if known, identify them by name and address.)
Tel:
Fax:
(212) 967-5100
(212) 967-5588
1.1.4
Attached as Exhibit A.
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Other important initial information is:
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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 AlA Document A20l
current as of the date of this Agreement, or as follows:
1.1.6 The information contained in this Article 1.1 may be reasonably 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 1.3.3.
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11:)1997 AIA@
AlA DOCUMENT 8141.1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C 20006-5292
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 parties shall endeavor to maintain good working
relationships among all 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
furnish to the Architect, within 15 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 Owner's Designated Representative identified in Paragraph 1.1.3 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 documents submitted by
the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the
Architect's services.
1.2.2.4 The Owner shall furnish the services of consultants other than those designated in
Paragraph 1.1.3 or authorize the Architect to furnish them as 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 furnish tests, inspections
and reports required by law or the Contract Documents, such as structural, mechanical, and
chemical tests, tests for air and water pollution, and tests for hazardous materials.
1.2.2.6 The Owner shall furnish 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 as is consistent with
professional skill and care and the 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 authorities having jurisdiction over the Project. Time limits
established by this schedule approved by the Owner shall not, except for reasonable cause, be
exceeded by the Architect or Owner.
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@1997 AIA@
AlA DOCUMENT B141-1997
STANDARD FORM
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of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
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The American Institute
of Architects
173S New York Avenue, N.W.
Washington, D,C. 20006-5292
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 the 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 Owner's 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 Architect 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 estimated 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 current market rates oflabor 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 8i!parats O:9);l[twt>tigFl l..aRagir Qr contractor, plus a reasonable allowance for their
overhead and profit. In addition, a reasonable 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 (See Addendum for Modifications)
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 sole-
ly with respect to this Project. The Architect and the Architect's consultants shall be deemed the
authors and owners of their respective Instruments of Service and shall retain all common law,
statutory and other reserved rights, 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
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WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
obtain similar nonexclusive licenses from the Architect's consultants 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 Instruments of Service and shall return to the Architect within seven days of termination all
originals and reproductions in the Owner's possession or control. If and upon the date the
Architect is adjudged in default of this Agreement, the foregoing lCense s a I 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 Project.
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 Ow~er 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 hlture aaditioRB Elf fllterati6fls tel tRia Prejeet ell' for other projects, unless the Owner
obtains the prior written agreement of the Architect and the Architect's consultants. Any
unauthorized use of the Instruments 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 the Owner deems that all or a part 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 1.5.5.
1.3.3.2 If any of the following circumstances affect the Architect's services for the Project,
the Architect shall be entitled to an appropriate adjustment in the 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;
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AlA DOCUMENT 8141-1997
STANDARD FORM
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of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
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The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
.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.
1.3.4 MEDIATION
~.4.1 Any claim, iiispH!
shall be subject to mediation as a condition precedent to arbitration or the institution of
equitable proceedings by either party. If such matter relates to or is the subject of a Ii rising out
of the Architect's services, the Architect may proceed in accordance with plicable law to
comply with the lien notice or filing deadlines prior to resolution of the ter by mediation or
by arbitration. .
1.3.4.2 The Owner and Architect shall endeavor to resolve lms, disputes and other matters in
question between them by mediation which, unless th arties mutually agree otherwise, shall be
in accordance with the Construction Industry ediation Rules of the American Arbitration
Association currently in effect. Request for lation shall be filed in writing with the other party
to this Agreement and with the Amer' n Arbitration Association. The request may be made
concurrently with the filing of a emand for arbitration but, in such event, mediation shall
proceed in advance of arbitra . n or legal or equitable proceedings, which shall be stayed pending
mediation for a period 60 days from the date of filing, unless stayed for a longer period by
agreement of the p. les or court order.
T parties shall share the mediator's fee and any filing fees equally. The mediation shall
in the place where the Project is located, unless another location is mutually agreed upon.
haviag jurisdietiel'l tL.::1 (of.
1.3.5 ARBITRATION
shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve dis
mediation in accordance with Paragraph 1.3-4.
1.3.5.2 Claims, disputes and other matters in question between the parties at are not resolved by
mediation shall be decided by arbitration which, unless the parties m ally agree otherwise, shall
be in accordance with the Construction Industry Arbitration s of the American Arbitration
Association currently in effect. The demand for arbitration all be filed in writing with the other
party to this Agreement and with the American Arbit Ion Association.
1.3.5.3 A demand for arbitration shall be m e within a reasonable time after the claim, dispute
or other matter in question has arisen. no event shall the demand for arbitration be made after
the date when institution of legal equitable proceedings based on such claim, dispute or other
red by the applicable statute of limitations.
1.3.5.4 No arbitrat" arising out of or relating to this Agreement shall include, by consolidation
or joinder or . ny other manner, an additional person or entity not a party to this Agreement,
except b ritten consent containing a specific reference to this Agreement and signed by the
, Architect, and any other person or entity sought to be joined. Consent to arbitration
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1.3.7 MISCELLANEOUS PROVISIONS .~ .- ~ "3 ~ S ~:..::;.
1.3.7.1 This Agreement shall be governed by the law of th~principal place of bl.15iness of the {. z:./h.
/\n:B.itElct, \inllil~~ gt h@r'''i.i pN"id"g in P:mgr.ph 1 1 ;/. L- '5+t.:t:t-e.. o-t f= \ or 'toL~ . i- / {/ ()
1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AlA
Document A20l, General Conditions of the Contract for Construction, current as of the date of
this Agreement.
d,'
entity not named or described therein. The foregoing agreement to arbitrate and greements
to arbitrate with an additional person or entity duly consented t artJes to this Agreement
shall be specifically enforceable in accordance with a e aw in any court having jurisdiction
thereof.
The rendered by the arbitrator or arbitrators shall be final, and judgment may be
H it in~Gordanc€ with applicable law in any (OI,1rt lu.>'ing juri.diction t14.Hii9f. .
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.
1.3.7.3 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 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.
1.3.7.4 To the extent 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 AlA Document A20l, 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 consultants
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.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
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@1997 AIA@
AlA DOCUMENT B141-1997
STANDARD FORM
AGREEMENT
I
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
Bill
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@1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
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 not be required to execute certificates that would require
knowledge, services or responsibilities beyond the scope of this Agreement.
1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns
and legal representatives to the other party to this Agreement and to the partners, successors,
assigns and legal representatives of such other party with respect to 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 consents reasonably required to
facilitate such assignment.
1.3.8 TERMINATION OR SUSPENSIOI'I
1.3.8.1 If the Owner fails to make payments 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 ~IIZ.
any expenses incurred in the interruption and resumption of the Architect's services. The 'tf 0
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~Aconsecu~e days, the Architect U 0
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 A/);
co~secutive. days, the Architect may terminate this Agreement by giving not less than seven days' 'i h
wntten notICe. (/
1.3.8.4 This Agreement may be terminated by either party upon not less than,,~ days' written
notice should the other party fail substantially to perform in accordance with the terms of this
Agreement through no fault of the party initiating the termination.
fifteen
1.3.8.5 This Agreement may be terminated by the Owner upon not less than~e'i€fl days' written
notice to the Architect for the Owner's convenience and without cause.
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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 as defined in Subparagraph 1.3.8-7-
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.. .
com..pensatecJ,~kt5-afl"'flT01:H'l+fuf-t~~ ;fttteet~-ftfl tiei~ted~tt-orrl.... he-v~ne-o~:. mo. i't:i:s-rrcn /!
~ei:.fer~'-t.fl~-A:feftitee~ i.J..> \f\ ,.....\-\. "i:>\...aAt Ioe- \, "'^' .teA "1't." (:L';>~;t,,> V ~
'\llv;"'(...I.yy.:'--.:11 iln.c-1u.d'\1I\3 ICty-.-ol"""i b., ~ Ar('_\"';~+ect- ~(Q 'rh:, tI
c.-O^"",).H"o..wfG 4:<-> <'.-\~ 6~,.L.-+ -th,e, ''R-e>je-e;t 'Iii>", a",1i\. ov-J.'l?kIVj V\l\.CLhVle~,
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1.3.9,2 Reimbursable Expenses are in addition to compensation for the Architect's services and ~.' 8 ci ~ ~ ~ 1 ,~
include expenses incurred by the Architect and Architect's employees and consultants directly I. "j '3 3 1_\ 1
related to the Project'fs identified in the following Clauses: .---. I
.1 transportation in connection with the Project,,, authorized out-of-town travel and
subsistence, and electronic communications;
.2 fees paid for securing approval of authorities having jurisdiction over the Project;
.3 reproductionsA plots, standard form documents, postage, handling and delivery of
Instruments of Service;
.4 expense of overtime work requiring higher than regular rates if authorized 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
expense of additional insurance coverage or limits requested by the Owner in excess of
that normally carried by the Architect and the Architect's consultants;
.7 reimbursable expenses as designated in Paragraph 1.5.5;
.8 other similar direct Project-related expenditures.
(lh
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 from 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.
1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of
services performed on the basis 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 and benefits related thereto, such as employment taxes and other statutory
employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and
similar contributions.
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ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and
integrated agreement between the 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.
1.4.1.1 Standard Form of Agreement Between Owner and Architect, AlA Document B14l-l997.
1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AlA
Document B14l-l997, or as follows:
(List other documents, if any, delineating Architect's scope of services.)
1.4.1.3 Other documents as follows:
(List other documents, if any, forming part of the Agreement.)
The Architect's proposal letter, dated July 1, 1998, which is
attached hereto as Exhibit B.
WARNING: Unlicensed photocopying violates u.s. copyright laws and will subject the violator to legal prosecution.
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1&)1997 AIA@
AlA DOCUMENT B141-1997
STANDARD FORM
AGREEMENT
I
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington. D.C. 20006-5292
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 as described
below or, if no method of adjustment is indicated in this Paragraph 1.5.2, in an equitable
manner.
(Insert basis of compe1lsation, including rates and multiples of Direct Personnel Expense for Principals and
employees, and identify Principals and classify employees, if required. Identify specific services to which partic-
ular methods of compensation apply.)
$ 65,000.00
$ 1, 125,000.00
$ 55,000.00
$ 60,000.00
$ 60,000.00
$ 185,OOO.00.z.O?:oooJ>C>
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1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement
are as follows:
As described in bhe Addendum to this Agreement which is attached hereto
and incorporated herein.
ARTICLE 1.5 COMPENSATION
1.5.1 For the Architect's serViCes as described under Article 1.4, compensation shall be
computed as follows:
Program Verification/Site Development Master Plan
Basic Architectural/Engineering Services)~
Site/Landscape Design
Interior Design
Public Reviews
Reimbursable Expenses - Not-to-exceed
At the hourly rates described in the Addendum or as may be otherwise
determined.
1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed
as a multiple of one and IS" 1 00 0'0/[ c;C> ( 1. -~ (X)) times the amounts billed to the
ATchitect for such services, 0'(" on "~u.c..-\" ~r ~I? ct-:.? IM.CtvI be....... W\.II.ch..,l..a",\l,\
~ ree.e.t b~ ~e ~ l e..c? '/ V\ Ct.C..GO \rotaV\ee l.t.,rt\.t... '.Se.c;+: 0"\ \;":;>..:3..
1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items
included in Paragraph 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a
multiple of one and 00/100 ( 1.00) times the expenses incurred by
the Architect, and the Architect's employees and consultants.
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1.5.5
Other Reimbursable Expenses, if any, are as follows:
@1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
WARNING: Unlicensed photocopvinll violates U.S. copvrillht laws and will subject the violator to legal prosecution.
I
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)
bui" vu:.;t" IIV\Ore. -f'v-e.':1.}.),,{'/VI:t\ I ~ oV\e..G ~~ yeax.
1.5.7 An initial payment of None Dollars
($ 0.00 ) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the Owner's account at final payment.
Subsequent payments for services shall be made monthly, and where applicable, shall be in
proportion to services performed on the basis set forth in this Agreement.
1.5.8 Payments are due and payable thirty 30 ) days from the date
of the Architect's invoice. Amounts unpaid sixty (60) days after the
invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate
prevailing from time to time at the principal place of business of the Architect.
(Insert rate of interest agreed upon.)
(U<ury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit
laws and other regulations at the Ownds and Architect's principal places of business, the location of the Project
and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to
deletions or modifications, and also regarding requirements such as written disclosures or waivers.)
1.5.9 If the services covered by this Agreement have not been completed within
thirty-six ( 36 ) 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 as of the day and year first written above.
11~
OWN E R (Signature)
Neisen Kasdin, Mayor
ATTEST:
~cr rM-~
Robert Parcher, City Clerk
Robert S. Buford
Managing Partner
(Printed name and title)
CAUTION: You should sign an original AlA document or a licensed reproduction. Originals contain the AlA logo
printed in red; licensed reproductions are those produced in accordance with the Instructions to this document.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
-1<<. ~ q IlL/liP
ityMorney ~
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
I
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@1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
I
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
1997 EDITION
I
AlA DOCUMENT 8141-1997
II Standard Form of Archi teet's Services:
Design and Contract Administration
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
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, ~1997 by The American
Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecu-
tion.
WARNING: Unlicensed DhotocoDvinl! violates U.S. copvrillhtlaws and will subject the violator to legal prosecution.
This document has impor-
tant legal consequences.
Consultation with an
attorney is encouraged
with respect to its
completion or modification.
'=='
(01997 AIA@
AlA DOCUMENT 8141-1991
STANDARD FORM
SERVICES
The American Institute
of Architects
1735 New York Avenue, N.w.
Washington, D.C. 20006-5292
(1
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@1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
SERVICES
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES
2.1.1 The Architect shall manage the Architect's serVlCes and administer the Project. The
A.rchitect 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.
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 wnsiderations 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 Project to representatives 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 having jurisdiction 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 C?wne: to adj~st the Proj.ect's size, quality or budget, an~ the Owner shall cooperate wit~ t~e I
ArchItect Il1 makmg such adjustments. W"';I,~ ",,\--.ovU \';It:'/ 1'Y'.a...te, at \0.0 dl ,ho~
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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.
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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 reasonable 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 ~A.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 construction is commenced.
ARTICLE 2.2 SUPPORTING SERVICES
2.2.1 Unless specifically designated in Paragraph 2.8.3, the services in this Article 2.2 shall be
provided by the Owner or the Owner's consultants 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 furnish 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, dimen-
sions 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 furnish services of geotechnical engineers which may include but are not
limited to test borings, test pits, determinations of soil bearing values, percolation tests, evalua-
tions of hazardous materials, ground corrosion tests and resistivity tests, including necessary
operations for anticipating subsoil conditions, with reports and appropriate recommendations.
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@1997 AIA@
AlA DOCUMENT B141-1997
STANDARD FORM
SERVICES
I
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
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~1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
SERVICES
The American Institute
of Arch itects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
ARTICLE 2.3 EVALUATION AND PLANNING SERVICES
2.3.1 The Architect shall provide a preliminary evaluation of the information furnished 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 of site 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 Owner of anticipated impacts that such method may have on the
Owner's program, financial and tifne 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 com-
binations of these media. Preliminary selections of major building systems and construction
materials shall be noted 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, size and appearance of the Project by means of plans,
sections and elevations, typical construction details, and equipment layouts. The Design
Development Documents shall include specifications that identify major materials and systems
and establish in general their quality levels.
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 requirements for construction of the Project. The
Construction Documents shall include Drawings and Specifications that establish in detail the
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: (1) bidding and procurement information which
describes the time, place and conditions of bidding; bidding or 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 Construction and
Specifications and may include bidding requirements and sample forms.
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2.5.4.3 ,If rlilGjYBstE'B by th." C",','B@r, iRE! :\.rc;RitElc;t. cRall elictriB\!ltct\the Bidding Documents to --l
prospective bidders and request their return upon completion 'Of the bidding process. ffie (t'
f..reRiteet shall maintain a lab of distri13\1tiBFl aRa retrieval, and '.l'le aR'l0\!lB:C sf elEi]'J0sits, if al'l)'1 I :~
];gc~i"~d tr9w Jl];)d r..t' Irnlid t9 PrGcpi(ti"li bigg.m: {j
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 con-
tractors.
2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determi-
nation of the successful bid or proposal, if any. If requested by the Owner, the Architect shall noti-
fy 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
General Conditions and Supplementary Conditions, Speci~cations and Drawings.
forms,
2.5.4.2 If l'e('jMestea by tRe O";Rer, the keRiteet sRall arrange f0r p[@(\,lriBg l1.i J:QPI:gg\!l(tigH {ilf
Bid.ding Dowmcnts f-or di:Jtributi51'l. to fJf5~fJa:ti,e b~aclcrs. The O,,;ner shall ]'lB.)' eiireetlj' fer the
cost of repwG1d.t;:ticn., Qr shall riim9Unll thlil '\rchiti,t fur Ii' ',"Q "xr{'n~,,)
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
a pre-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 and conduct
the opening of the bids. TBe /a."E:Ritect shall SM68E!EtME'l'ltll' rJS(HH'lIi1Bt aRg gictril;nJlti tRe Bis.aiRt;
r",'Ilt., Jl. dinlt;:tgg 8';' the O"ner.
2.5.5 NEGOTIATED PROPOSALS
2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms,
General Conditions and Supplementary Conditions, Specifications and Drawings.
2.5.5.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of
Proposal Documents for distribution to prospective contractors. The Owner shall pay directly for
the cost of reproduction or shall reimburse the Architect for such expenses.
2.5.5.3 If requested by the Owner, the Architect shall organize and participate in selection inter-
views with prospective contractors.
2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the Proposal
Documents, and shall prepare and distribute addenda identifying appwved substitutions to all
prospective contractors.
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STANDARD FORM
SERVICES
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1735 New York Avenue, N,W.
Washington, D.C. 20006-5292
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2.5.5.5 If requested by the Owner, the Architect shall assist the Owner during negotiations with
prospective contractors. The Architect shall subsequently prepare a summary report of the
negotiation results, as directed by the Owner.
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 AlA Document A20l, 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 60 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 dur-
ing 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.
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@l997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
SERVICES
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
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 consent of the Contractor, which consent will not be unreasonably withheld.
2.6.1.5 The Architect shall review properly prepared, timely requests 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 Documents 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 results 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 Documents. However, the
Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the
intent expressed in the Contract Documents.
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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 operations, or as otherwise agreed by the Owner and the Architect
in Article 2.8, (1) to become generally familiar with and to keep the Owner informed about the
progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner
against defects and deficiencies in the Work, and (3) to determine in general if the Work is being
performed in a manner indicating that the Work, when fully completed, will be in accordance
with the Contract Documents. However, the Architect shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of the Work. 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 most 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 the Work in accordance with the provisions of the
Contract Documents, whether or not such Work is fabricated, installed or completed. However,
neither this authority of the Architect nor a decision made in good faith either to exercise or not
to exercise such authority shall give rise to a duty or responsibility of the Architect to the
Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other
persons 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 pro-
vided 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 knowl-
edge, information and belief, the quality of the Work is in accordance with the Contract
Documents. The foregoing representations are subject (1) to an evaluation of the Work for con-
formance with the Contract Documents upon Substantial Completion, (2) to results of subse-
quent 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.
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1&)1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
SERVICES
I
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
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AlA DOCUMENT 8141-1997
STANDARD FORM
SERVICES
The American Institute
of Architects
1735 New York Avenue, NW.
Washington, D.C. 20006-5292
2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect
has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the
Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3)
reviewed copies of requisitions received from Subcontractors and material suppliers and other
data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained
how or for what purpose the Contractor has used money previously paid on account of the
Contract Sum.
2.6.3.3 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 the 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.
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 or equipment are specifically required of the Contractor by the Contract Documents,
the Architect shall specify appropriate performance and design criteria that such services must
satisfy. Shop Drawings and other submittals related to the Work designed or certified by the
design professional retained by the Contractor shall bear such professional's written approval
when submitted to the Architect. The Architect shall 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 the 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 support-
ing data and information to permit the Architect to make a reasonable determination without
extensive investigation or preparation of additional drawings or specifications. If the Architect
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determines that requested changes in the Work are not materially different from the requirements
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, the Architect shall incorporate those estimates into a
Change Order or other appropriate documentation for the Owner's execution or negotiation with
the Contractor.
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 completeness 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.
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AlA DOCUMENT 8141-1997
STANDARD FORM
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of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
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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 two ( 2 ) reviews of each Shop Drawing, Product Data
item, sample and similar submittal of the Contractor.
.2 up to forty ( 40) visits to the site by the Architect over the dura-
tion of the Project during construction.
.3 up to three ( 3 ) inspections for any portion of the Work to
determine whether such portion of the Work is substantially complete in accordance
with the requirements of the Contract Documents.
.4 up to three ( 3 ) inspections for any portion of the Work to deter-
mine 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 Para-graph 1.3.}:
.1 review of a Contractor's submittal out of sequence from the submittal schedule agreed
to by the Architect; --2 '-
.2 responses to the Contractor's requests for information where such information is re.a...f/(!)v\;{'1.6\'-( ()\ll
available to the Contractor from a careful study and comparison of the Contract, c.l is ~
Documents, field conditions, other Owner-provided information, Contractor-prepared .s"" i.. ,r- ~ ~u
coordination drawings, or prior Project correspondence or documentation; -l- ~ ~ ~ .s;.
.3 Change Orders and Construction Change Directives requiring evaluation of proposals, -t~..; ~. .3 ~
including the preparation or revision of Instruments of Service; ';;) a.. ~ ~ ~.'"
.4 providing consultation concerning replacement of Work resulting from fire or other <-I<: ~ 6 ~ () ~
cause during construction; U .'- j;; <:L \() "
.5 evaluation of an extensive number of claims submitted by the Owner's consultants, the ~.~~. ~~~ ~'\JQ -f ~
Contractor or others in connection with the Work; _, l->- ~ -j
.6 evaluation of substitutions proposed by the Owner's consultants or contractors and ,::::: ~ (J i..
making subsequent revisions to Instruments of Service resulting therefrom; <U ~ ~ 'c. t
.7 preparation of design and documentation for alternate bid or proposal requests pro- ~ -& ~ ..~ ~s
posed by the Owner~or __1 s: ~ ~ ~ t~
.8 Contract Administration Services provided 60 days after the date of Substantial ~ ~:J..:11,. So:
CompJction of the Wo,k. (l: ~ 'e t ~ \;
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STANDARD FORM
SERVICES
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
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2.8.3 The Architect shall furnish or provide the following serVIces only if specifically
designated:
Services Responsibility Location of Service
(Architect, Owner or Not Provided) Description
.1 Programming Owner
.2 Land Survey Services Owner
.3 Geotechnical Services Owner
.4 Space Schematics/Flow Diagrams Architect Para. 2.4.2
.5 Existing Facilities Surveys Not Provided
.6 Economic Feasibility Studies Not Provided
.7 Site Analysis and Selection Not Provided
.8 Environmental Studies and Reports Not Provided
.9 Owner-Supplied Data Coordination Architect Art. 2.1 & 2.3
.10 Schedule Development and Monitoring Architect
.11 Civil Design Architect
.12 Landscape Design Architect
.13 Interior Design Architect
.14 Special Bidding or Negotiation Not Provided 0t,;, t7 ~,1. -, e A4-
.15 Value Analysis Not Provided .-;ee.. ..z. . I .'1 , I T
.16 Detailed Cost Estimating Not Provided
.17 On-Site Project Representation Not Provided
.18 Construction Management Not Provided
.19 Start-Up Assistance Not Provided
.20 Record Drawings Architec t
.21 Post-Contract Evaluation Not Provided
.22 Tenant-Related Services Not Provided
.23
.24
.25
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Description of Services.
(Insert descriptions of the services designated.)
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@1997 AIA@
AlA DOCUMENT B141.1997
STANDARD FORM
SERVICES
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
I
ARTICLE 2.9 MODIFICATIONS
2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract
Administration, if any, are as follows:
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APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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By its execution, this Standard Form of Architect's Services: Design and Contract
Administration and modifications hereto are incorporated into the Standard Form of Agreement
Between the Owner and Architect, AlA Document B14H997, that was entered into by the parties
as of the date:
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OWN E R (Signature)
Neisen Kasdin, Mayor
Wkd- f~
Robert Parcher, City Clerk
Robert S. Buford
Managing Partner
(Printed name and title)
CAUTION: You should sign an origi/lal AlA document or a licensed reproduction. Originals contain the AlA logo
printed in red; licensed reproductions are those produced in accordance with the Instructions to this document.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
I
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@1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
SERVICES
The American Institute
of Architects
1735 New York Avenue, NW.
Washington, D.C. 20006-5292
Addendum to Standard Form of Agreement between Owner and Architect 1997 Edition (AlA
B141-1997) between Owner, The City of Miami Beach, and Robert A.M. Stern Architects;
dated , 1998.
A1. Basic Services: The Owner understands and acknowledges that architectural services for the Project are
provided by the Architect in association with the Associated Architect. The Architect and Associated Architect
in consultation with the Owner will establish areas of responsibility to facilitate. communication and
coordination of the services to be provided hereunder. Basic services shall include architectural, landscape
architectural and interior design services as provided by the Architect and Associated Architect, and the
following services as provided to the Architect by its Consultants:
Associated Architect Borelli & Associates
Structural engineering DeSimone Chaplin & Dobryn
MechanicallElectricallPlumbing engineering Tilden Lobnitz Cooper
Civil engineering Milian, Swain & Associates
Parking Consultant Rich and Associates, Inc.
Lighting Design Fisher Marantz Renfro Stone
Acoustical consulting Shen Milsom & Wilke
Graphic Design Wojciechowski Design
Basic services shall not include surveys, site information, testing services, or the services of geotechnical, or
other consultants except as specifically described above, These services may be provided as Additional
Services. Services in connection with documentation or verification of existing conditions, zoning, planning
board, historic district or approvals other than as-of-right building permit approvals will be provided as
Additional Services.
Architect's Basic Services shall include services in connection with interior fixed partitions, architectural
finishes, selection of fixtures, hardware, carpeting and light fixtures, and shall include such services as
preparation of interior fmish schedules, color selections and specification of fmishes, provided, however, all
such interior fmishes, hardware, carpeting and light fixtures shall be selected from manufacturer's standard
catalogue selections and shall not include design of custom items, such as custom designed carpet or light
fixtures, or development of specialty fmishes, such as paint glazes. Calculation of lighting levels, evaluation
of acoustical quality of interior fmishes and any special testing or similar evaluations shall be provided, as
recquired, by others, and shall be provided as Basic Services only if specifically itemized above.
A2. Interior Design Services: Interior Design Services consist of the design of built-in and portable furniture,
furnishings, and equipment and may perform such other interior design services as are deemed appropriate to
the Project. The Architect shall at the Owner's direction select and prepare specifications for furniture,
furnishings, and equipment and shall prepare any additional drawings required to describe and contract for
any such work. The Owner shall purchase or contract for furniture, furnishings, and equipment selected and
specified by the Architect. The Architect shall negotiate on the Owner's behalf the best prices and terms
available to Architect for such purchases and services, but this service shall in no way limit Owner's ability
to negotiate with vendors and contractors on its own behalf. Purchases are made by the Owner and Architect
shall have no liability for Owner or Vendor's performance in connection with such purchases.
A3. Landscape Design Services: Landscape Design Services consist of the preparation of a site plan,.
planting plan, grading plan, design of terraces, fences, or other special features, and shall provide landscaping
details and construction documents as appropriate, in connection with the Project. Landscape design services
shall include selection of plantings, design of irrigation systems if required, preparation of installation details
and construction phase services in connection with site construction and plant installation.
A4. Hourly Billing Rates: Compensation for services to be provided at the Architect's hourly billing rates or
Owner-Architect Agreement
Miami Library Addendum, miamilib.wpd
Pagel
July 7,1998
for Changes in Services as described in Section 1.3.3, unless otherwise agreed, shall be computed as follows:
(Hourly rates may be adjusted annually no sooner than one year from the date of this Agreement)
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a.
b.
c.
d.
e.
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g.
h.
I.
Robert A.M. Stern's time at the fixed rate of two hundred fifty dollars ($250.00) per hour.
Partner's time at the fixed rate of one hundred eighty-five dollars ($185.00) per hour.
Associate Partner's time at the fixed rate of one hundred fifty dollars ($150.00) per hour.
Associate's time at the fixed rate of one hundred twenty dollars ($120.00) per hour.
Senior Project Assistant's time at the fixed rate of ninety dollars ($90.00) per hour.
Draftsman Level I at the fixed rate of seventy-five dollars ($75.00) per hour.
Draftsman Level II at the flXed rate of sixty-five dollars ($65.00) per hour.
Draftsman Level IIIIModelmakers at the fixed rate of fifty-five dollars ($55.00 ) per hour.
Project related administrative stafftime at the fixed rate of fifty dollars ($50.00) per hour.
Prompt Payment: Invoiced amounts are due and payable upon receipt. If payment has not been received
within :~' (JQWays of.inv,o.ice date, the Owner~ereby ~ckn?wledges thatth~ Architect may at his dis~retion
and wi out any further lIabIlIty suspend work on the Project ill accordance WIth Paragraph 1.3 .8.1 untIl such
payment is received.
AG. Ownership and Use of Architect's Drawings, Specifications and other Documents: The
Drawings, Specifications and other documents prepared by the Architect and its Consultants are instruments
of the Architect's services for use solely with respect to this Project, and the Architect shall be deemed the
author of these documents and shall retain all common law, statutory and other reserved and intellectual
property rights, including copyright, trademark and patent.
The Drawings, Specifications and other Documents shall not be used by the Owner on other projects.
In the event oftermination of this Agreement prior to completion of the Project Drawings, Specifications and
other documents may be used by the Owner for completion of the Project by others provided that (i) the Owner
is not in breach of this Agreement; (H) the Owner and the person using the Drawings, Specifications and other
documents defend (at the Architect's option), indemnify and hold the Architect, its employees and consultants
harmless from any and all claims, demands, suits, judgements, losses, damages or expenses of any nature
whatsoever, including reasonable attorneys' fees and disbursements, arising directly or indirectly out of such
use; (Hi) the Owner and the person using such Drawings, Specifications and other documents refrain from
referring to the Architect or the Architect's consultants, without the Architect's prior written consent, in any
published materials pertaining to the Project.
The provisions of this paragraph shall survive the expiration or sooner termination of this Agreement.
A7. Publication: The Architect may, before and after the completion ofthe Project, photograph the Project and
seek publication of drawings and photographs of the Project, provided, however, that the Architect shall not
use the name of the Owner unless the Owner has given his prior written consent. If the Owner seeks to
promote the Project in promotional materials, he shall not use the Architect's name unless the Architect has
given his prior written consent. If the Owner seeks to publish drawings or photographs of the Project or is
requested by another party to furnish drawings or photographs ofthe Project for publication, the Owner shall
not permit publication of the Project unless the Owner has obtained the Architect's prior written consent.
AS. Fast-Track Project: The Owner may, in consultation with the Architect, choose to build the Project on a
fast-track basis, which means that contracts for construction of some elements of the Project may be entered
into on the basis of Schematic Design Documents or Design Development Documents or on the basis of
specifications or other criteria before the Construction Documents for the entire Project have been completed,
before contracts have been awarded for the construction of all elements of the Project and before the total cost
Owner-Architect Agreement
Miami Library Addendum, miamilib.wpd
Page2
July 7, 1998
of the construction of the Project has been fIxed., In the event that the Project is built on a fast-track basis,
Schematic Design Documents, Design Development Documents, Construction Documents or SpecifIcations
will not be fully coordinated or fmal in detail, and reasonable development of such documents to provide for
coordination and to reflect the detailed information necessary for construction may be required. Any estimates
of the cost of construction of the Project will allow for such reasonable development and will take into account
the time at which construction will take place; and the Architectwill not be held responsible for any increases
in such estimated cost or any difference between estimates and the actual cost of construction due to such
reasonable development or due to any delay in construction not caused solely by the Architect.
A9. Governing Law: This Agreement shall be governed by the law of the State of Florida.
A 10. Attorney Fees: In the event that any action be taken to enforce any of the provisions of this Agreement, the
prevailing party in such action shall be entitled to its costs and expenses incurred therein, including reasonable
attorney's fees.
A 11. This Agreement does not create, by its terms or otherwise, a partnership, association or joint venture between
the parties, nor does it constitute the Architect as an agent of the Owner, except to the extent and for the
purpose described in Paragraph A2. when the Architect makes purchases on the Owner's behalf in connection
with Interior Design of the Project. The Architect is, and shall retain its capacity as, an independent contractor.
A 12. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be
ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions
hereof and without affecting the validity or enforceability of any provision in any other jurisdiction.
\N:\Partners\ROBIADDENDA \miamilib. wpd
Owner-Architect Agreement
Miami Library Addendum, miamilib.wpd
Page3
July 7,1998
Exhibit A Consultants Retained at Architect's Expense
Standard Form of Agreement between Owner and Architect 1997 Edition (AlA B141-1997)
between Owner, The City of Miami Beach, and Robert A.M. Stern Architects; dated _
,1998.
Associated Architect
Borelli & Associates
5001 Southwest 74th Court, Suite 104
Miami, Florida 33155
Tel. 305-665-8852
Fax 305-665-9972
Structural engineering
DeSimone Chaplin & Dobryn
2333 Ponce De Leon Boulevard
The Colonnade, Suite 630
Coral Gables, Florida 33134
Tel. 305-441-0755
Fax 305-447-9023
MechanicaVElectrical/Plumbing engineering
Tilden Lobnitz Cooper
790 East Broward Avenue, Suite 201
Fort Lauderdale, Florida 33301
Tel. 954-463-8050
Fax
Civil engineering
Milian, Swain & Associates
2025 SW 32nd Avenue
Miami, Florida 33145
Tel. 305-441-0123
Fax 305-441-0688
Parking Consultant
Rich and Associates, rne
2250 Lucien Way, Suite 100
Maitland, Florida 32751
Tel. 407-667-8990
Fax 407-667-8988
Lighting Design
Fisher Marantz Renfro Stone
126 Fifth Avenue
New York, N.Y. 10011
Tel. 212-691-3020
Fax 212-633-1644
Acoustical consulting
Shen Milsom & Wilke
224 Datura Street, Suite 202
West Palm Beach, Florida 33401
Tel. 561-659-0885
Fax 561-659-1249
Graphic Design
Wojciechowski Design
245 East 24th Street
New York, N.Y. 10010
Tel. 212-213-8052
Fax 212-684-8289
\N :\Partners\ROB\ADDENDA \miamilibExA. wpd
Owner-Architect Agreement
Miami Library Exhibit A, miamilibExA.wpd
Pagel
July 7,1998
460 West 34th Street, New York, NY 10001 Tel 212 967 5100 Fax 2129675588
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July 1, 1998
Mayra Diaz Buttacavoli
Assistant City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Robert A.M. Stern Architects Dear Mayra:
Sent by Fax (305-673-7028) and Federal Express
Our conversation on Monday was helpful. Alex and I have discussed in some detail how to reduce
our fees to be closer in line with your expectations. For the purposes of this agreement we have
eliminated the distinction between what we would call basic and additional services. We have also
made the assumption that CADD plotting expenses must be incorporated within our fee structure.
But I am giving you the following breakdown of our fee comparable to my original fee proposal
because I think it is important to see how we have allocated our efforts. I have also placed some
additional qualifiers on the scope of services and fee amounts. This letter should be considered an
addendum and modification of my original proposal dated June 15, 1998, and does not supercede
it in its entirety.
Our scope of Basic Services includes architectural and engineering services in connection with the
library and parking garage, consisting of schematic design, design development, construction
documents, bidding and negotiation of contracts for construction, and construction phase services.
Outside consultant services included within the scope of Basic Services are limited to civil,
structural, mechanical, electrical, plumbing engineering and lighting design, and acoustical
consulting services. Other consulting services which may be required, but would be treated as
reimbursable expenses, or may be contracted directly by the City include surveys, cost evaluations,
audio visual and telecommunications consulting, and geotechnical engineering.
Our proposal is based on our competition entry with the understanding that the building as designed
was generally acceptable, but that there were concerns about the proposed design of the park. We
also understand there are questions relating to the parking garage and staff parking areas. Any
significant changes to the scope of the project beyond the program verification and master planning
phases may require modification of our fees.
We have modified our exclusion of services in connection with restoration of the rotunda. We will
complete schematic design to help defme the project and give the City a basis for obtaining
construction and operating cost estimates and to undertaking fund raising for the restoration and
repairs. We do not consider it reasonable or appropriate to included design development and
construction documents for a building with no program within our already strained fee proposal for
the library.
Program Verification/Completion of Site Development Master
Plan
$65,000.00
ArchitecturallEngineering services as described above, including
architectural fmishes, carpeting, and fixed cabinetry.
$1,125,000.00
$55,000.00
SiteILandscape Design, including Collins Park
Interior Design (FF&E)
$60,000.00
Public Reviews and Approvals (limited to 12 public meetings in
addition to nonnal client Commission work group meetings;
460 West 34th Street, New York, NY 10001 Tel 212 967 5100 Fax 2129675588
Mayra Diaz Buttacavoli, Assistant City Manager
City of Miami Beach, Proposal
July 1, 1998 Page 2
Robert A.M. Stern Architects including a reasonable number of revisions to the design
requested at public reviews and approved by the City, but
excluding preparation of special models and renderings not
required for normal project documentation)
$60,000.00
Reimbursable expenses as described below (a breakdown of
estimated expenses is enclosed)
$185,000.00
$1,550,000.00
Total:
Reimbursable Expenses
Description
Reproduction
Photo Reproduction/Supplies
Long Distance CommunicationlCourierslFax
Travel (estimated 68 man-trips)
Model Supplies
Miscellaneous
Total:
$58,000
$10,000
$12,000
$95,000
$7,500
$2,500
$185,000
We are submitting this proposal with the understanding that our agreement will be based on the
AlA Standard Form of Agreement between Owner and Architect.
Our standard contract terms, modified based on some of the comments from our discussions, are
generally as follows:
Fees described do not include surveys, soils testing, verification or documentation of existing
conditions, or any other engineering or consultants or base site information except as specifically
described above. Drawings and specifications are and remain, our property and may be used for
the completion of this project but may not be used on any other project without our written
approval. No use of our name in connection with this project may be made without our prior
written approval.
Publicity and marketing services, services in connection with zoning, historical district,
subdivision, or other public regulatory approvals in excess of the number of meetings and
presentations described above, will be provided as additional services. Detailed models, additional
meetings, and coordination of additional consultants will be performed as required at your request
as additional services.
Reimbursable expenses, which will be billed at our cost will include other outside consultants, long
distance telephone calls, facsimile transmission, travel and accommodations, printing and
460 West 34th Street, New York, NY 10001 Tel 212 967 5100 Fax 2129675588
Mayra Diaz Buttacavoli, Assistant City Manager
City of Miami Beach, Proposal
July 1, 1998 Page 3
Robert A.M. Stern Architects photocopying, model supplies, photographic services and reproductions, and express mail or
courier services.
Our billing rates for hourly and additional architectural services are as follows: (Billing rates may
be adjusted annually no sooner than one year from the date of this proposal.)
Robert Stern's time
Partner's time
Associate Partner's time
Associate's time
Sr. Project Asst.'s time
: Draftsman Level I
Draftsman Level II
Draftsman Level IIIlModelmaker
Project related admin~strative staff
$250.00 per hour
$185.00 per hour
$150.00 per hour
$120.00 per hour
$ 90.00 per hour
$ 75.00 per hour
$ 65.00 per hour
$ 55.00 per hour
$ 50.00 per hour
Additional services of consultants if required will be billed at our cost plus fifteen percent (15 %).
We will invoice for services performed on a monthly basis with payments due upon receipt. For
amounts outstanding over thirty (30) days a fmance charge of 1-112% per month (18% annually)
will be assessed on the outstanding balance.
If you have any questions regarding this proposal, please do not hesitate to give me a call. I would
be pleased to discuss it with you in more detail.
Subject to satisfactory negotiations and execution of a contract, I anticipate execution of an
agreement with the City by mid July with commencement of services by August 1, 1998.
k~~/)
Managing Partner
RSB:gm
Enc1
cc. Jorge E. Chartrand, Public Works Dept., Miami Beach
Julio Grave de Peralta, Public Works Dept., Miami Beach
Alex Lamis, RAMSA
N:\Partners\ROBIPROPOSAL\miamibchplrev 1. wpd
Robert A.M. Stern Architects
9f- 2..29 t) ~
460 West 34th Street, New York, NY 10001 Tel 212 967 5100 Fax 212 967 5588
October 2, 1998
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1 I)' ~.J. V;...,.
Mr. Jorge Chartrand
City of Miami Beach, Public Works Department
1700 Convention Center Drive
Miami Beach, FL 33139
>.j, Ji...;, j
Re:
Miami Beach Library. RAMSA # 98011
Contract
Dear Jorge:
This letter is to confmn our understanding that the Owner's Budget for the Cost of the
work, excluding the Architect's compensation, is $15,340,000, which will be reflected
in Section 1.1.2.5.2 of our contract.
Sincerely, /'
(2(/(/c<'lf-
Alexander P. Lamis, A.LA.
Associate Partner
APLljtb
cc: Robert Buford
N\ I 998gncr\ I 0-981M1AMIBLBR Y002. wpd