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Home My WebLink AboutReso 98- 52 RESOLUTION NO. 98- 5-~ A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO RETAIN KOBI KARP, AlA, TO PREPARE ARCmTECTURAL DESIGN AND PLANS FOR SUNNY ISLES BEACH POLICE DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Kobi Karp prepared the design for the offices of the City Hall earlier this year; and WHEREAS, the City Commission of the city of Sunny Isles Beach has directed the City Manager to have a police department in place by July 1998; and WHEREAS, that department will require office space from which to function and for which a revised lease has been negotiated and may be approved by the City Commission; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 1. That the City Manager be authorized to retain Kobi Karp AlA for the preparation of architectural design and plans for the city of Sunny Isles Beach Police Department for a reduced fee of SEVEN THOUSAND FIVE HUNDRED ($7,500) DOLLARS. 2. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 28th day of May, 1998. ATTEST: ~~~.~~c, Richard BrO~lile.Mbnn!,/~ity Clerk ""'--.- '..~ c...., -- /) , .;, '\. '\ ~ t .-. "'//... (') \' .~. ~J If>'. .-:.:~.lllo- - . " ,.,. ......,.'l---- ,') ~:= ~. ~ \1\~ ;: ~.".. '.('.\ . - 'it () . ~ 1;>.0- ) _, ..:..z~,'!A' Architect Res. <<. 'tt1 \..." .....",.," ;.." ""- - ,.,. "l . " ( . . \j r It r-- , ...' ~ .... APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ynn M. Dannheisser, City Attorney VOTE: Architect Res. Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow Moved by: ~~~ T UARiskp Second by: ~'1lV\V ' yes v yes \..;"'" yes v yes V yes V no_ no_ no_ no_ no_ INSTRUCTIONS AlA DOCUMENT I 8151-1997 I Abbreviated Standard Form of Agreement Between Owner and Architect GENERAL INFORMATION PURPOSE. AlA Document (3151-1')'):- is an ahhreviated standard form of agreement hetween Owner and Architect intended for use on construction projects of limited SLope where the complexity and detail of AlA Document BI41-1,)97, Standard Form of Agreement Between Owner and Architect, are not required, and where services are based on five phases: Schematic Design, Design Development, Construction Documents, Bidding or Negotiation, and Construction. This document may be used with a variety of compensation methods, including percentage of Construction Cost, multiple of Direct Personnel Expense and stipulated sum. RELATED DOCUMENTS. B151-\997 is intended to be used in conjunction with AlOl-1997, General Conditions of the Contract for Construction. It can be used with Architect-Consultant agreements such as AlA Documents CI4l-l997, CI42-1')97 or C7l;-. Other AlA Owner-Architect Agreements available for use in connection with customary services or in special circumstances include: B141-1997 Owner-Architect Agreement B141/CMa Owner-Architect Agreement. Construction Management Edition B163 Owner-Architect Agreement for Designated Services B171 Interior Design Services Agreement Bl77 Abbreviated Interior Design Services Agreement B181 Owner-Architect Agreement for Housing Services B188 Owner-An.:hitect Agreement for Housing Projects B727 Owner-Architect Agreement for Special Services B90l Design/Builder-Architect Agreement DISPUTE RESOLUTION-MEDIATION AND ARBITRATION. This document contains provisions for mediation and arbitration of claims and disputes. ~lediation is a non-binding process, but is mandatory under the terms of this agreement. Arbitration is mandatorv under the terms of this agreement and binding in most states and under the Federal Arbitration Act. In a minority of states, arbitration provisions relating to future disputes are not enforceable but the parties may agree to arbitrate after the dispute arises. Even in those states, under certain circumstances (for example, in a transaction involving interstate commerce), arbitration provisions mav be enforceable under the Federal Arbitration Act. The AlA does not administer dispute resolution processes. To submit'disputes to mediation or arbitration or to obtain copies of the applicable mediation or arbitration rules, write to the American Arbitration Association or call (800) 778-7879. The American Arbitration Association may also be contacted at http://wwwudr.org. WHY USE AlA CONTRACT DOCUMENTS? AlA contract documents are the product of a consensus-building process aimed at balancing the interests of all parties on the construction project. The documents reflect actual industry practices. not theory. They are state-of-the-art legal documents, regularly revised to keep up with changes in law and the industry-yet they are written, as far as possible, in everyday language. Finallv, AlA contract documents are flexible: they are intended to be modified to fit individual projects, but in such a way that modifIcations are easily distinguished from the original, printed language. For further information on AlA's approach to drafting contract documents, see AlA Document ~lllO, Document Drafting Principles. USE OF NON-AlA FORMS. [f a combination of AlA documents and non-AlA documents is to be used, particular care must be taken to achieve consistency of language and intent among documents. Copyright (0 1997 by the American Institute of Architects. Reproduction of the material herein or substantial quota- tion of its provisions without permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING, Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. (01997 AIA@ AlA DOCUMENT 8151-1997 INSTRUCTIONS The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 (7) 9/11 ~. .17 O. .0 0.-."'"'.-'0 o a::::::n ~ c::::::::J Cl1997 AIA@ AlA DOCUMENT 8151-1997 INSTRUCTIONS The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 LETTER FORMS OF AGREEM ENT. I.etter forms of agreement are generally discouraged hy the AlA. as is the performance of a part or the whole of professional savices on the basis of oral agreements or understandings. The standard AlA agreement forms have been developed through more than 100 years of experience and have been tested repeatedly in the courts. [n addition. the standard forms have been carefully coordinated with other AlA documents. STANDARD FORMS. "'lost A[A documents published since 1906 have contained in their titles the words "Standard Form:' The term "standard" is not meant to imply that a uniform set of contractual requirements is mandatory for AlA members or others in the construction industry. Rather, the AlA standard documents are intended to be used as fair and balanced baselines from which the parties can negotiate their bargains. As such, the documents have won general acceptance within the construction industry and have been uniformly interpreted by the courts. Within an industry spanning 50 states-each free to adopt different, and perhaps contradictory, laws affecting that industry- A[A documents form the basis for a generally consistent body of construction law. USE OF CURRENT DOCUMENTS. Prior to using any AlA document, the user should consult an AlA component chapter or a current AlA Documents Price List to determine the current edition of each document. REPRODUCTIONS. This document is a copyrighted work and may not be reproduced or excerpted from in substantial part without the express written permission of the A[A. This document is intended to be used as a consumable-that is, the original document purchased by the user is intended to be consumed in the course of being used. There is no implied permission to reproduce this document, nor does membership in the American Institute of Architects confer any further rights to reproduce B151-1997 in whole or in part. A limited license is hereby granted to retail purchasers to reproduce a maximum of TEN copies of a completed document, with or without signatures, but only for use in connection with a particular project. Further reproductions are prohibited without application by a specific user to and after receipt of written permission from the AlA. The A[A logo is printed in red on the original version of this document. This logo distinguishes an original AlA document from copies and counterfeits. To ensure accuracy and uniformity of language, purchasers should use only an original A[A document or one that has been reproduced from an original under special limited license from AlA. Documents generated by the software AlA Contract Documents: Electronic Format for WindowsTl" do not contain a red logo. Documents reproduced in this program may be accompanied by A[A Document D401, Certification of Document's Authenticity. In addition, all documents in the program contain the license number under which the document was reproduced and the date of expiration of the license. CHANGES FROM THE PREVIOUS EDITION B151-1997 has been revised to reflect changes made in AlA Document AW1-I997, General Conditions of the Contract for Construction, and in AlA Document BI41-1997, Standard Form of Agreement Between Owner and Architect. Although it retains many similarities to the 1987 edition of B151, B151-1997 is primarily based upon the 1987 edition of B141. The following changes in content have been made on the recommendation of owners, AlA members, committees, and insurance and legal counsel. ARTICLE 1: The Architect is required to designate a representative authorized to act on behalf of the Architect. ARTICLE 2: The Architect's services are divided into five phases rather than three. Provisions have been added requiring the Architect to review and provide a preliminary evaluation of the Owner's program, schedule and construction budget. ARTICLE 3: A more extensive list of Additional Services is offered, and these are subdivided into three categories: Project Representation Beyond Basic Services, Contingent Additional Services, and Optional Additional Services. ARTICLE 4: A provision has been added requiring the Owner to furnish services of consultants that are reasonably required by the scope of the Project and are requested by the Architect. ARTICLE 5: The cost of management or supervision of construction or installation provided by a construction manager or separate contractor has be.en added to the definition of Construction Cost. ARTICLE 6: Protection of the Architect's and consultant's rights in Drawings, Specifications, and other documents is clarified and specifically extended to documents in electronic form. . ARTICLE 7: The title of this Article has been changed from "Arbitration" to "Dispute Resolution." Mediation has been added as a precursor to arbitration. and a waiver of claims for consequential damages (i.e.. indirect damages) has been added. ARTICLE 8: A new provision has been added permitting termination of the Agreement for the Owner's convenience, with appropriate compensation to the Architect. ARTICLE 9: A provision has been added under which the Owner may assign this Agreement to an institutional lender providing financing for the Project. New language has been added governing Owner requests for certification. ARTICLE 10: A new provision, Architect's Accounting Records. requires the Architect to make records of reimbursable expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense available to the Owner. USING THE 8151-1997 FORM MODIFICATIONS. Users are encouraged to consult with an attorney before completing an AlA document. Particularly with respect to contractor's licensing laws, duties imposed by building codes, interest charges, arbitration and indemnification, this document may require modification with the assistance of legal counsel to fully comply with state or local laws regulating these matters. I ':-' ,'F~~1' ,';~"l~ ':T:~Y~ I' (:'~"" ....".. :Y',';. "ii . , '..~ ) it fit. ~~" ;~\ ~.~ ,.- , - . -,,, Xl' (;l'nl'r.dh, rll'(~",lry m!lllrtlCJtiorh rll.IV h~ a(corlll'lrsh~d hy writing or typing thc Jl'propriJte terms in thc blank SI'.IC~S I'rmrdl'd on th~ form or by sl'cciJI (onditions or Jmcndmcnts adopted by rdcr~nce. The form may also be nHldill~d hy striking olll IJnguag~ dir~ctly on th~ originJI form. CJr~ must be taken in making these kinds of lkktions, I]()w~wr. llnd~r :-':0 circumst.U1c~s should printed languJg~ bc struck out in such a way JS to render it r1kgrhl~ (JS, for ~xJml'k, with blocking tJl'e, corr~ction tluid or X's that completely obscure the text). This may raise ,usl'lcio\1s of conc~Jlm~nt or suggest th.ltth~ compkted Jnd signed document has been tampered with. Handwritten ch.U1g~s should be initialed by both pJrli~s to th~ contract. It is ddinitely not r~comm~nd~d prJctice to retype the standard document. Besides being outside the limited license for reproduction granted under these Instructions, r~typing can introduce typographical errors and cloud the legal interpretation given to a standard daus~ when blended with modifications. thereby eliminating one of the principal advantages of th~ standard form documents. By merely r~viewing the modifications to be made to a standard form docum~nt. parti~s familiar with that document can CJuickly understand the essence of the proposed relationship. Commercial exchanges are greatly simpliti~d and expedited, good-faith dealing is encouraged, and otherwise lalent clauses are exposed for scrutiny. In this way, contracting parties can more fairly measure their risks. COVER PAGE Date: The date represents the date the Agreement becomes effective. It may be the date that an original oral agreement was reached, the date the Agreement was originally submitted to the other party, the dale authorizing action was taken or the date of actual execution. Professional services should not be performed prior to the effective date of the Agreement. Parties: Parties to this Agreement should be identified using the full legal name under which the Agreement is to be executed. including a designation of the legal status of both parties (sole proprietorship, partnership, joint venture, unincorporated association, limited partnership or corporation [general. limited liability, close or professional], etc.). Where appropriate. a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. Project: The proposed Project should be described in sufficient detail to identify (I) the official name or title of the facility; (2) the location of the site; (3) the proposed building usage; and (-I) the size, capacity or scope of the Project. ARTICLE ll-BASIS OF COMPENSATION A more detailed discussion of compensation methods may be found in the Instructions to AlA Document 13141-1997, Standard Form of Agreement Between Owner and Architect. PARAGRAPH 11.1 Insert the dollar amount of the initial payment. SUBPARAGRAPH 11.2.1 Insert the basis of compensation for the Architect's Basic Services. One or more of the following methods may be used. If a Multiple of Direct Salary Expense is used, include multipliers using words and numerals in the following insert, "Compensation for services rendered by principals and employees shall be based on a multiple of () times Direct Salary Expense, which shall be defined as the direct salaries of the Architect's personnel engaged on the Project excluding any costs of mandatory or customary contributions and benefits. Compensation for services rendered by Consultants shall be based on a multiple of () times the amounts billed by Consultants." If a Multiple of Direct Personnel Expense is used, include multipliers using words and numerals in the following insert (note that Direct Personnel Expense is defined in Paragraph 10.1): "Compensation for services rendered by principals and employees shall be based on a multiple of () times Direct Personnel Expense. Compensation for services rendered by Consultants shall be based on a multiple of ( ) times the amounts billed by Consultants." If a Professional Fee Plus Expenses is to be used, include the dollar figure and the appropriate multipliers (using words and numerals) in the following insert, "Compensation shall be a Fixed Fee of Dollars ( $ ) plus a multiple of ( Personnel Expense. Compensation for services rendered by Consultants shall be based on a multiple of times the amounts billed by Consultants." ) times Direct ( ) Alternatively. the fee (representing profit) may be calculated as a multiplier or percentage. If hourly billing rates are used, include the cumulative amount for salary, benefits, overhead and profit to fix each rate using words and numerals in the following insert, "Compensation for services rendered by Principals and employees shall be based upon the hourly billing rates set forth below: I 11111 ~ 0 d. .0 0'. ~.. .~ O~.~~ c:::::J . 101997 AIA@ AlA DOCUMENT 8151-1991 INSTRUCTIONS The American Institute of Architects 1735 New York Avenue. N.W. I Washington. D.C. 20006-5292 W) . ..i .,j . ~~ ..r..~ A Oo'a::h'~O c::::::J <01997 AIA@ AlA DOCUMENT 8151-1997 INSTRUCTIONS The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ft: 9/97 ~~ I. Principals' tim~ Jt th~ fix~d rJte of DoIIJr,( -; ) p~r hour. For lh~ purp("~' of thi, .-\~r~~m~nt, th~ PrincipJIs ~1rt:: (Li.,t J'rillcipah. sllch Llj CHI/Ilt'r':;. [lllrtflt.'fS, corporate ojficL''' und rartici[Julil1~ uSj(}("iutes.) 1. Sup~rvi,orY lime at th~ fix~d rJk of DolIJrs( s ) r~r hour. For the rurros~' of thi, ,-\~r~~m~nt, sup~rvisory r~rsonnd Include: (List malloJgcrial I'crsolllld by 'I<mr~ or job litl~, s//ch as g~lI~ral malloJgcr, "~I'llrtm~nl h~oJ" or proj~cl fIIoJlloJgcr.) J. T~chnical L~yd I time Jt the fix~d rJle of DolIJrs( -; ) r~r hour. For th~ purposes of this Agreement, T~chnical L~vel [ personnel include, (List Ihos~ pcrsolllld by noJm~ or job titl~ who arc highly ski//~" sp~cioJ/ists, such oJS job caplllills, sellior d~sigllers, senior drafters, s~nior I'lallllers, s~nior Sl'~Cificr5 or senior constructioll admilli5trators.) 4. T~chnical Level [l time at th~ fixed rak of DoIIJrs( -; ) p~r hour. For the purpos~s of this Agreement, Technical Level II p~rsonnel indud~, (List Iho5~ pcrsollnd by nam~ or job till~ who hold int~mr~dioJt~-I~vel positions relativ~ 10 T~chllical L~vel T, 5/lch as prof~ssional5 awaiting lic~llS//re alld manoJgers of clericlll 5toJff) 5. T~chnicJI L~vel III and clerical personnel tim~ at th~ fix~d rak of of this A~re~ment, Technical Level III and clerical p~rsonnel indud~: (Lisl ocwpy jUllior-l~vel positioflS, 5uch as word proc~ssor or offic~ assistant.) Dollars( 5 ) per hour. For the purposes Ihos~ persolllld by lIame or job titl~ who 6. Compensation for services rendered by Consultants shall be bas~d on a multiple of amounts billed by Consultants." ) times the If a Stipulated Sum is to be used, insert the sum in words and numerals in the following sample language: "Compensation shall be a stipulated sum of Dollars ($ ).n If a Percentage of Construction Cost is to be used, ins~rt the following: "Compensation shall be 'Yo) of Construction Cost, as defined in Paragraph 5.1:' percent ( SUBPARAGRAPH 112.2 Only for compensation based on stipulated sum or percentage of Construction Cost, insert the percentages of total payment payable for each separate phase of services. These percentages may vary with each Project and do not necessarily have a direct relationship to the time and efforts of the Architect. Because phases may overlap in time, these percentages have been expressed separately for each phase. rather than cumulatively. This facilitates billing when services are being provided in more than one phase at a time. SUBPARAGRAPH 11.3.1 Insert the basis of compensation for Project Representation Beyond Basic Services. SUBPARAGRAPH 113,2 Insert basis of compensation for Additional Services. See methods of compensation shown above for Subparagraph 11.2.1, NOTE, If no basis of compensation is indicated in this subparagraph, Subparagraph 11.5.1 will be ineffective. SUBPARAGRAPH 113.3 Insert the multiple to be used to determine the cost to the Architect of Additional Services of consultants as defined in Article J or Article 12. PARAGRAPH 11.4 Insert the multiple to be used to determine the amount due the Architect for Reimbursable Expenses of the Architect and the Architect's employees and consultants as described in Paragraph 10.2 or Article u. SUBPARAGRAPH 115.1 Insert the number of months beyond which the Architect shall be compensated for Basic Services on the same basis as for Additional Services. SUBPARAGRAPH 11.5.2 Indicate when payments will become due and when unpaid amounts will begin to bear interest. Insert the percentage rate and basis (monthly, annual) of interest charges. ARTICLE 12-0THER CONDITIONS OR SERVICES Insert provisions, if any. on additional phases of services, Additional Services, special compensation arrangements, other consultants. the choice of project delivery method or any other conditions. EXECUTION OF THE AGREEMENT The persons executing the Agreement should indicate the capacity in which they are acting (i.e.. president, secretary, partner, etc.) and the authority under which they are executing the Agreement. Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. I @ lA./.l.D...'...r.. 11...11.,.............. ...........^'............A u;...I...... II C ...........1..."'. I..h.. ""....... .uill ....k........ .k.... ..I_I...."'...^ 1.........1 ...................;...'" 1997 EDITION I AlA DOCUMENT 8151-1997 I Abbreviated Standard Form of Agreement Between Owner and Architect A G R E E MEN T made as of the in the year ([II words, indicate day, mOllth alld year) day of This document has impor- tant 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) and the Architect: (,Vame, address and other information) For the following Project: ([nelude detailed description of Project) .",. ~~,..,..~: ,Ie" - Q1997 AIA@ AlA DOCUMENT 8151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT Copyright 1974, 1978, 1987, Q1997 by The American Institute of Architects, Reproduction of the material herein or sub- stantial quotation of its provisions without writlen permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to leltal prosecution. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ((J The Owner and Architect agree as follows. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 The services perform,'J by the Architect, ArchiteLl's employees anJ Architect's consultants shall be as enumerated in Articles 2,3 and 12. 1.2 The ArchiteLl's services shall be ptTforml'd as expeditiously as is consistent with professional skill and carl' and the order!\- progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be ad justed as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiLlion over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.3 The Architect shall designate a represt'ntativl' authorized to act on behalf of the Architect with respect to the Project. 1.4 The services covered by this Agreemt'nt are subject to the time limitations contained in Subparagraph ll.5.!. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2,6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documeqts illustrating the scale and relationship of Project components, 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or similar conceptual estimating techniques. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other doc- uments to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2,3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. WARNING: Unlicensed photocopying violates U,S. copyright laws and will subjectlhe violator to legal prosecution. I I 8/11 <::I 0 O. .0 O. '..,.. .~ o'a:::::;o'<:::.~ c=:::::J 101997 AIA@ AlA DOCUMENT 8151.1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue. N.W. Washington. D.C. 20006-5292 rCl) el'll "" :7 o. .0 O. ..... .~ o'a:::;::;'<::::,~ c:::::::::J 4:)1997 AIA@ AlA DOCUMENT B151.1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, NW. Washington, D.C. 20006-5292 2.4 CONSTRUCTION DOCUMENTS PHASE 2,4.1 Based on the approvcd Design Development Documents and any further adjustments in thc SLOpe or quality of the Project or in the construction budget authorized by the Owner. the Architect shall prepare. for approval by the Owner. Construction Documents consisting of Drawings and Specifications selling forth in dclailthe requirements for the construction of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information. bidding forms. the Conditions of the Contract. and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE The Architect. following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work, 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AlA Document A20l, General Conditions of the Contract for Construction. current as of the date of this Agreement, unless otherwise provided in 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. 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph 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. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. 2.6.5 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 12, (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 I (j) c()lltiIlU()US oil-site jnspedj()lls to dleck the quality or qUJntit;. of the Work. The c\rdlitect shall 1l~'ith~T haw control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for SJfetv precJutions Jnd programs in connedion with the Work, since these are soldv the Contractor's rights and responsibilities under the Contract I )ocul11ents. 2.6.6 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 \-Vork in accordance with the requirements of the Contract Documents, The Architect shall be responsible for the c\rchikct'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, 2.6.7 The Architect shJII at all times have access to the Work wherever it is in preparation or progress. 2.6.8 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. 2.6.9 CERTIFICATES FOR PAYMENT 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, 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 conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. 2.6.9.3 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. 2.6.10 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 shall 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. I 8"1 ~ 0 o. .0 O. ,..., .~ o'a:::;::.' '<::> ~ c=:::J I iD1997 AIA@ AlA DOCUMENT B151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 (0) ~1997 AIA@ AlA DOCUMENT 8151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, DC. 20006-5292 2.6.11 Thl' Architect sh~t11 re\'iew and approve or take other appropriate action upon the (:ontractor's submittals such as Shop Drawings, l'roduct Data and Samples, hut only for the limited purpose of checking for conformance with information gi\'en and the design cOlKept exprl'ssed in the Contract Documents. The Architect'> action shall be taken with such reasonable promptness as to cause no dela~' in the \\'ork or in the activities of the Owner, Contractor or separate contractors. while allowing sufficient time in the Architect'> professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determin- ing the accuracy and completeness of other details such as dimensions and quantities. or for substantiating instructioQs for installation or performance of equi pment 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. 2,6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor bv 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. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with sup- porting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3,1.1 and 3,3,3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. 2,6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive 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, 2.6,15 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 with- in any time limits agreed upon or otherwise with reasonable promptness, 2,6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of draw- ings, When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith, 2.6.17 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. I (@ 2.6.18 The Architect's decisi'lllS Oil claims, disrutes or other lllatters ill question helween the OWller alld (:olltraLlor, excert for those relatillg to aesthetic effect as rrovided in Subparagrarh l.n.li, shall he suhjeLl to mediatioll and arhitratioll as rrovided in this Agreement and in the ContraLl DOCUlllcnts. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Articlc .3 are not included in Basic Services unless so identified in Article 1.2, and they shall he raid for by the Owner as provided in this Agreement, in addi tion to the compensation for Basic Services. The services described under Paragraphs J.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragrarh 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner rrior to commencing such services. If the Owner deems that such services described under Paragraph J.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services, 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2,2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AlA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in drawings, specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or ,3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.3,2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subparagraph 5.2,5. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives, 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. I I alii <:> 0 O. .0 0'. ...... '0 oCJ:::::)::;'<::::, c=::::J 01997 AIA@ AlA DOCUMENT 8151.1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American I nsti tute of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 M - 1tl1997 AIA@ AlA DOCUMENT 8151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue. N.W. Washington. D.C. 20006-5292 3.3.5 Provid i ng consul Lit i on (()nC~Tn i ng n:placcme nl of \ Vork damagcd by fi re or ol her cause during conslruction, and furni'ihing services required in connection with the replacemcnt of such \\'ork. 3.3.6 Providing scrviccs made necessary oy thc default of the Contractor, oy major defects or dcficicncies in thc Work of the Contractor, or oy failure of performancc of either the Owner or Contractor under the Contract for Construction. 3,3,7 Providing services in evaluating an extensive number of claims submitted by the Cnntractor nr nthcrs in connectinn with thc Work. 3.3.8 Providing services in connection with a puolic hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. 3,3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documcnts Phase. 3.4 OPilONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and programmlllg the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites, 3.4,4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3,4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment sUp"plied by the Owner. 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of materia\' equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. I (0) 3.4.14 Providing SLT\i(L'S fur planning kn,lnt ur rcntal spaccs. 3.4.15 \Iaking invcstigations, iJl\cnturies of makrials or equipment, or valuations and detailed apl'rais,lls of existing facilitics. 3.4.16 Preparing a set of reprnducihle record drawings showing significant changes in the Work made Juring construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and oalancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation, 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certiticate for Payment, more than 60 days after the date of Substantial Completion of the Work. 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 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. 4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such 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. 4.4 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, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, I I H^ 1111 '" 0 o. .0 oo'~'~o c:::::::J 101997 AIA@ AlA DOCUMENT 8151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 (f?;) I ~~,~ '">ID :; 00'. "....~s o 'C:::::JS ~ ~ c::::::J 101997 AIA@ AlA DOCUMENT 8151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 delt:rll1inations of soil hearing values, pen:olation tests, evaluations of hazardous materials, ground (orrosion tests and resistivity tests, including ne(essary operations for anti(ipating subsoil wnditions, with reports and appropriate rewmmendations. 4,6 The Owner shall furnish the sefvi(es of wnsultants other than those designated in Paragraph 4.5 when su(h servi(es are requested by the Ar(hitect and are reasonably required by the scope of the Project. 4.7 The Owner shall furnish structural. mechanical. and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents, 4.8 The Owner shall furnish all legal. accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner, 4.9 The services, information, surveys and reports required by Paragraphs 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 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. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost 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. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 5.1.3 Construction Cost 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 respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, 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 Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. I (1ZiJ 5.2.2 :\0 fixed limit of Construction Cost sh.ll1 be established as a condition of this Agreement by thl' furnishing, propos.1i or establishment of a Project budget. unless such fixed limit has been agrl'l'd upon in writing and signed by the parties hereto. If such a fixed limit has been established. the ,\rchitect shall be permitted to include contingencies for design. bidding and price escalation. to ddermine what materials. equipment. component systems and types of construction are to be included in the Contract Documents, to make reasonahle adjustments in the scope of the Project and to include in the Contract Documents alternate hids as may he necessary to adjust the Construction Cost to the fixed limit. Fixed limits. if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect suhmits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to retlect changes in the general level of prices in the construction industry. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) IS exceeded by the lowest bona fide bid or negotiated proposal. the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Paragraph 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.l...H, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Subparagraph 5.2.). The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's 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 license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. WARNING: Unlicensed DhotocoDvlnll violates U.S. coovrillht laws and will sublect the violator to lellal orosecution. I Rill <:> 0 o. .0 O. .."" .~ o 'a:::;J:i' <:::. ~ C=::J . ltl1997 AIA@ AlA DOCUMENT 8151-1997 ABBREVIATED OWNER.. ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006..5292 /f5) I nil 1 "" 0 o. ,0 o. ...... '0 0'0:::;;::;<::;. c:::=::J 101997 AIA@ AlA DOCUMENT 8151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 6.3 Except for the licenses granted in Paragraph 6.2., 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 ,\rchitect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub-sulxontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and tilr use in their execution of the \\"ork by license granted in Paragraph 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 6.4 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. ARTICLE 7 DISPUTE RESOLUTION 7.1 MEDIATION 7.1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services. the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration, 7.1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 7.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof, 7.2 ARBITRATION 7.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Paragraph 7.1. 7.2.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall I \M..D...I....~. Ilnli.......fl'..rI I"lohntn...nnui...... vi,."I........ II C ...,."...u........... I........ __..I ...:11 ...Ll__6 .L._ ..:_1_&__._ 1___1 ______...:__ (Q he in ,1LLord,lI1Lt' with the Construction Industrv Arbitration Rules nf the American Aroitration ,\SSOLi,ltion LUITelltly in L'llect. The demand for arbitration shall be filed in writing with the other party to thiS ,\greement and with the AmeriLan Arbitration '\ssoLiation. 7.2.3 r\ demand for aroitration shall be made within a reasonaole time after the claim, dispute or other matter in question has arisen. In no event shall the demand for aroitration oe made after the dalt' when institution of legal or equitaole proceedings oased on such claim, dispute or other matter in question would oe oarred by the appliLable statute of limitations. 7.2.4 1\:0 arbitration arising nut of or rdating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except ov \\Titten LOnsent LOntaining a specifiL referenLe to this Agreement and signed by the Owner, ArLhitect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person nr entity shall not constitute wnsentto arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or descrioed therein, The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall oe specifically enforceable in acwrdance with applicable law in any court having jurisdiction thereof. 7.2,5 The award rendered by the arbitrator or arbitrators shall be final. and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and 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 consequencial damages due to either party's termination in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION 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 any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time sc~edules shall be equitably adjusted. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services, The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. 8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I 11II 11'11 \ '" 0 o. .0 O. ...... '0 o'cx::::JSc c=:::J 101997 AIA@ AlA DOCUMENT 8151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N,W. Washington, D.C. 20006-5292 ((V 01997 AIA@ AlA DOCUMENT 8151-1991 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue. NW. Washington. D.C. 20006-5292 8,5 This Agreement ma\' be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 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 Expl.'nses as defined in Paragraph 8./. 8.7 lcrmination Expenses are in addition to compensation for the services of the Agreement and include I.'xpenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article \2, 9.2 Terms in this Agreement shall have the same meaning as those in the edition of ALA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall 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, 9.4 To the extent damages are covered by property insurance during construction, the Owner and 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 A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to 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. 9.6 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. 9.7 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. I WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to lellal Drosecution. (1iJ 9.8 L1nless otherwise rrm'ided in this ,-\greenH~nt, the Architect and Architect's consultants sh,111 h,lve no responsihility for the discO\'ery, presence, handling. removal or disposal of or exposure of persons to hazardous materials or toxic suhsLlIlces in any form at the Project site. 9.9 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 he 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. 9,10 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. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 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. 10,2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .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 reproductions, 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 Article'12; ,8 other similar direct Project-related expenditures, 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subparagraph 11.2.2, 10.3.3 If and to the extent that the time initially established in Subparagraph u.s. 1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. I WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. ~ ~ft oo'ci5::>'cC> c::::=::J C>1997 AIA@ AlA DOCUMENT B151-1991 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ir.{)) 10.3.4 When compensation is hased on a percentage of Construction Cost and any portions of the Project arc deleted or otherwise not constructed, compensation for those portions of the Project shall he payahle to the exknt services arc performed on those portions, in accordance with the schedule set forth in Suhparagraph 1l..!.2, hased on (1) the lowest bona fide bid or negotiated proposal. or (2) if no such hid or proposal is received, the most recent preliminary estimate of (:onst ruction Cost or detailed estimate of Construction Cost for such portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or l'xpenses incurred. 10.5 PAYMENTS WITHHELD \io 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. 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and 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. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 An Initial Payment of ~ ~ ~c. ~ L ../ Dollars ($ J.,flf).~ ) shall be made upon execution of this Agreement and credited to the Owners account at final payment. 11.2 BASIC COMPENSATION 11.2.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) I I RIII' , '" 0 o. .0 oo'a:::;i:::.'co c::=::J lCl1997 AIA@ AlA DOCUMENT 8151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue. N.W. Washington, D.C. 20006-5292 I r'\~ 11,2.2 \\'hl:rl: (ompl:l1s,ltiol1 is b.lsl:d Ol1 .I stipuiJkJ sum or pl:rcl:ntage of Construction Cost, l'rogrl:ss pOlyml:nts for Basic Sl:rviCl:S in l:Olch phase shOlII totOlI the following percentages of the total Basic Compensation pa\'Olhll:: III/.'ert <ldditiol/<lll'hasL's <IS al'l'rol'riak.) ~~ SchemOltic Design Phase: Design Development Phase: Construction Documents PhOlse: Bidding or Negotiation Phasl:: Construction Phase: -()O " ",,;) ...- fl. , >~Q" I ~(), () t1 %) %) %) %) %) Total Basic Compensation: percent ( percent ( percent ( percent ( percent ( " i> '7,~-rJ()" II one hundred percent (100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 For Project Representation Beyond Basic Services, as described in Paragraph }.2, compen- sation shall be computed as follows: r/l,"(, c..~ ( A~"'kd ~ /fi)1( 'A.-c "srM77", 1II8')~~ '~.)-/ttA. ", ~-S-$1'2 ~~)~ 11.3.2 For Additional Services of the Architect, as described in Articles } and 12, other than (1) Additional Project Representation, as described in Paragraph }.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, 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 particular methods of compensation apply, if necessary.) Prz/A.c./HI ~)~~ ,1/1. d ,-leel .,; G )-ftlt. ~ ~n--ft/l. A'Dlft~.~~ "J)~ I I 11\\ 1111 ' '" 0 o. .0 O. ...... .~ o'a:::f:::;<:::,~ c:=::::::J (t) 1997 AIA@ AlA DOCUMENT 8151.1997 ABBREVIATED OWNER. ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 C) I 11.3.3 For Additional Services of Consultants, induding additional structural. mt?chanical and t?lcctrical engineering services and those provided under Suhparagraph 3,.P9 or identified in Artide 12 ,b part of ,\dditional Services, a multiple of DWe.. fJO,.", 1/IA41. I ) times the amounts hilled to the Architect for such services. (ldcl/ti(l' .'I'<'<lf/c types of COl/sultlll/ts iI/ ;\rticle 12, if requirl'li.) 11.4 REIMBURSABLE EXPENSES For Rt?imhursable Expenses, as described in Paragraph 10,2, and any other items included in ". Article 12 as Reimbursable Expenses, a multiple of ,,.AL I",-...,.,,=,,~ ( /. ') ) times the expenst?s incurred by the Architect, the Architect's employees and consultants directly related to the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 If the Basic Services covered by this Agreement have not been completed within "j'VO ( ~) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compen- sated as provided in Subparagraphs 10.3.3 and 11.3,2. 11.5,2 Payments are due and payable ~ (/0 ) days from the date of the Architect's invoice. Amounts unpaid 70.- ( 10 ) 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 atth~ principal place of business of the Architect. (Insert mte of interest agreed upon.~ ' /,A.f},v~. -(lA-V- M~J.e T td;., (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's 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.) 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. W4.gfIJlf\Jr;. 11..11,......""',,1 ...k............._ul__ ..;_1....__ II t ___.....:_L.. I....... __..I ...:11 _..Ll__. .L... ..1_1.....__.... 1...__1 ______...r__ II gl" <> 0 O. .0 O. "''''.'~ o'ct:::;l:l~~ c==J ~ 1997 AIA@ AlA DOCUMENT 8151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects I 1735 New York Avenue, N.W. I W"h;"gtoo, D.C. ''&) ARTICLE 12 OTHER CONDITIONS OR SERVICES i111,at de,aip/ioll> of o/ha >crI'i(c>. idcllllfv :\dditi/llwl SCrI'i(c> illdl/JcJ wi/hill R<l>ic' COlllpell>ll/ioll lllld lIIodi/i(,lIi/lll) to the paYlllcllt lllld (Olllpcllia/ioll /!!flll> illell/ded ill thii Agreelllent.) This Agreement entered into as of the day and year firs OWN E R (Signature) J A/'ftZ5 b ,--Roe-/;<< " G~ ;1~~+y- (Printed ame and tt/le) "- hktlV~ , CAUTION: You ihould sign an original AlA document or a licensed reproduction. Originals contain the AlA logo printed in red; licensed reprodl/ctions are those produced in accordance with the Instructions to this document. WARNING, Unlicensed photocopying violates U,$, copyright laws and will subject the violator to legal prosecution. I . .f,. ~~,_..~.: lIe'" - 1t)1997 AIA@ AlA DOCUMENT 8151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ffl City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 fax 9 F ra- David Samson Mayor To: City Commission I i Tu From: City Manager Vic e Mayor Commissioners Date: May 2$, 1998 Danny Iglesias Lila Kauffman Connie Morrow Subject: ENGAGEMENT OF KOBI KARP TO PROVIDE DESIGN AND James DiPietro CONSTRUCTION SUPERVISION SERVICES RELATING TO City Manager THE ESTABLISHMENT OF THE POLICE DEPARTMENT Lynn M. Dannheisser City Attomey RECOMMENDATION It is recommend that the City Commission, by resolution, engage the services of Kobi Karp to complete the design of the Police Department facility and to provide construction supervision services. REASONS Mr. Karp performed services for the design of the City Hall facility. Thus, he is already familiar with the needs of the new Sunny Isles Beach city government. The agreement negotiated at a total cost of $7,500 is regarded as being favorable to the City. There is an urgency to complete this project if we are to assume complete police services by August 1, 1998. The necessity of having an operational Police Department by that date is derived from Miami -Dade County charging the City of Sunny Isles Beach $290,000 each month for police services. For the above reasons, it is recommended that the Commission authorize the engagement of Kobi Karp at this time. Respectfull 7 submitted, James DiPietro, City Manager JD:pw