488ORDINANCE NO.
a
AN ORDINANCE EMPLOYING AN ARCHITECT FOR THE
EDGEWATER PUBLIC LIBRARY PROJECT.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER: WE
f�tY°'"
Section 1. That Craig J. Gehlert, architect, of 523 North �y� ax
Avenue, Daytona Beach, Florida be and he is hereby employedthe
architect for the public library project of the City of Edge"4V,
Florida, the said architect to serve at the will of the City oleincil
of the City of Edgewater, Florida and to receive conpeneation in
accordance with the standard form of agreement between owner and
architect, a copy of which is attached hereto and made a part hereof.
Section 2. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repelled.
Section 3. That this ordinance shall take effect immediately upon
its passage and approval by the Mayor.
The above ordinance was read in full and passed by vote of the
City Council of the City of Edgewater, Florida at a regular meeting
of said Council held on June 6, 1966.
Upon motion duly made, seconded and carried, the requirement of
reading said ordinance upon second reading was waived and the
ordinance was ordered put upon final passage.
Passed by vote of the City Council of the City of Edgewater,
Florida, at the regular meeting of said Council held on the 6th
day of June 1966 and approved as provided by law, the vote of
said Council being as follows:
F ffV 007,1221! 1 "1
Councilman
Approved this 6th day of June 1966.
Mayor
THE AMERIC AN INSTITUTE OF ARCHITECTS
SEEPT. IDIN%I�1m. B131
THE STANDARD FORM OF AGREEMENT
] BETWEEN OWNER AND ARCHITECT
9 ON A BA918 OP A .
d PERCENTAGE OI CONSTRUCTION COST
THIS AGREEMENT
made this 27thday of Wy in the year Nineteen Hundred and Sixty -Six
BY AND BETWEEN
The City of 8d9ewater, Florida
hereinafter called the Owner, and
Craig J. Geblert
hereinafter called the Architect
WITNESSETH,
that whereas the Owner intends to exact a Public Library
hereinafter called the Project,
NOW, THEREFORE,
the Owner and the Architect, for the considerations hereinafter set forth agree as folio":
ARTICLE 1. THE ARCHITECT AGREES TO PROVIDE PROFESSIONAL SERVICES FOR THE PROJECT AS
' Hi.REUNAFTER SET FORTH.
ARTICLE 2. THE OWNER AGREES TO PAY THE ARCHITECT AS COMPENSATION FOR HIS SERVICESs
3.1 For his basic sc e . six percent ( 6 %) of the project constmctim, Cost, bnemah. referred
W as the Basic Rate, the work to hs let under a single lump sum contren.
3.2 For Work la on a coast-plus-fce basis, increase the Basic rate to regain the am*plpppppt2ppmpm{
2.3 For weak In under separate Contracts, increase the Basic Rate to remain the safe papenavooccppcm
• u For Additional Services defined in Article 4 hereinafter, two ( 2 ) �u
We Door, Personal Este. as defined in Article 7.1 hereinafter.
In wmp tiog Direct Personnel Expense prmcipal's time shall be computed At $ 12.50 pee hoar,
and e.pbyeea time shall be m their regular rare of pay plus normal benefits.
ZS Reimbmvbk uperue As defined in Article 7.2 hereinafter to the amount upended.
OWNER -ARCHITECT AGREEMENT
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCIit .:._.T
ARTICLE 3. ARCHITECTS BASIC
L .Schrmneie Design Phm.
3.1J The Architect shall commit with the Owner to max,
mitt de, requirements of to Project and shall confirm such
requirements to the Owner.
3112 He shall prepare schematic design studies leading to
a remmmeoded solution together with a general description
d rise Project for approval Icy the Owner.
M3 He shot wbmil to lbw Owner a Statement of Prob
Able Project Comrocturn Cud based on current arm; Vol.
trine Or other am, Cml..
31 Deign Development Phan.
XL1 The Archira shall yreparc m frothe approved H1'Ilm
rustic Card, Sins ies, the Design Development Ihscn liltllI.
mnssning of Piam, elevmiom and other drawings, t 1c on
bne speafiasm, to fix and illustrate the sire and c�utracler
of the eotrs Project in its eswntiah so to kind. of mute.
rids, type of structure, mechanical and electrical systems
and such Other Work as may he required.
322 He shall submit to the Owner a further Statement
of Probable Project Comnuaion coal. -
3J Corwrucume Documenn Phase.
3J.1 The Architect shall prepare from the approved Do-
sign Development Documents, Working Drawings and Spec,
Hasidim setting forth in A mil the work reytired for the
aribiteaun, sta ruunl, mecbanicat electrical, serviccwn-
exered tipmers, arm site work, and the ramsmy bidding
mfomwaa , Occasional Conditions of the Contract, and Sup-
pkmentuy General Conditions of the Contract and shall
ass:o m she drafting of Proposal and Contract Forms.
3J2 He shall keep the Owner informed of any adjust.
moms to previous Statements of Probable Project ConsWo-
ten Cost indicted by changes in scope, requirements or
marks Conditions.
3JJ He shill be responsible for filing the required docu-
asms so secure approval of governmental authorities having'
jmsdictiov wer the design of the Project.
3A Constar! n PhmGeneral Administration of
Comrorefon Commas.
3A.1 The Architect shall assist the Owner in obtaining
proprrsah from Contractors and in awarding and preparing
construction Contras
3A2 To the ..at provided by the Comract between the
Owner and she Contractor, he shall make decisions on all
..n of floe Owner and Contractor and on all other molten
rc6tng to the execution and progress of the work or the
vuerpr.I. of the Contract Documents He shall check
sod approve Dimples, schedules shop drawings and other
submissions only for conformance with the design concept
Off the Project and for compliance with the information
given by the Contract Documents, Prepare change orders
sod amnEle Written guarantees requnred of the Connectors.
3AJ He will make periodic visits to the site to familiarize
himself sgeten ly with the progress and y,lily of the work
and to dmarnme the Contgenena ml if the work 1. Procudin8 in
accordance With Documents. He will mat be
required to make exhaustive or Conliomans a- it InspeG
tows w check the quality or quantity of the work and he
Will not be respomibk for the Contmctmn failure to carry
Cox the Cotmrsavon work to accordance with the Contract
-scrar,, . ne may wnaemn wmx as tinung to wn-
W the Contract Documenn. Baud on such olemm.
and the Coetna Annlimtiom for penmen,. h. will
aM
t she
By issuing a Certificate for Paymeut the Architra will also
represent to the Oviner. lut, to the o best of his knwledge,
information and belief baud on what his observations bass
revealed, the quality of the work is in accordance with the
Contract Documents. He will conduct inspacrom to detc-
mine the data of substantial sad final Completion and issues
a final Certificate for Payment
3.4.4, If more extensive represenmtioa at the sit, is to-
quired, the Conditions under which such mpreeutiov shall
be fumished and a Project Representative selected, em-
ployed and directed, shall be agreed to by the Owner and
the Architect and set forth to an exhibit to Nis Al eement
ARTICLE 0. ARCHITECTS ADD[I10\AL SERt]CFS
The following services cause the Architect exra expense.
If any of these services are auNorired by the OW W, shay
shall be paid for by the Owner es a Multiple of Duce For,
sunrsl E%pense: a
4.1 Making planning Immeys and special atW_xs of she
Owner's needs to clarify requirements of the Projee
41 Making measured drawings of existing tonsnistim
when required for planning additions or dtmtiom therein
4.3 Revising previously approved drawings or specifin-
tions to accomplish changes
4A Providing Semi -Detailed m Detailed Cast Estimates,
4J Preparing documents for Alternate Bids and C'Wvge
Orders, or for supplemental work initiated after commroce
..or of the construction phase.
4A Consultation Concernin8 replacement of any weak
damaged, by fire or other cause during construction and
furnishing professional services of the pees set forth in
Article 3 above as cow be required in conncxrion wish rhe
replacement of such work. _
4.7 Arranging for the work to proceed should the coo -
Doctor default 3due 1. delinquency or malls-.-y.
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4.9 Preparing as -built drawings showing
Changes in the work and final locations of mecbavlal`sm-
ice lines and outlets on the basis of dam furnishe3 by its,
Contractor.
4.10 Making an inspection of the Project prior to expos
Linn of the guarantax period and reporting obmsvd cosiep-
anaes under guarantees provided by the mnstrurmo coo-
tries.
S. THE OWNER'S RFSPO\crn �ar+cc
5.1 The Owner Nall provide fall information as to his
requirements for the Project.
51 He shall designate, when necessary, reprexnh¢ses au-
1horiaed to as in his behalf. He shall examine doavmcnes
submitted by the Architect and render decisions pertaining
thereto prompt, to avoid unreasonable delay in the the
progress of the Architect's work. He shall observe rise pro-
cedure of ksalng orders to comae. only through the
Architect.
53 .He shall furnish or direct the Anchiteel to obtain m
the Owners expense, a certified survey of the site, giving,
m required, grades aim Braes of streets alleys pevaosms,
and adjoining property; rights of way, remiecom, eAu-
menls, encroachments, zoning, deed restrictiorns boundaries
wind contoun of the building site; lomtam, annunciate, and
complete data pertaining to existing buildings. other ®pxmx
events and trees; full information m to mmikble senior arld
utility lines both public and private; sand out brings and
pits necessary for determining subhead wnditoot
5.4 He shall pay for structural, chemical, sweebassak sal
mechanics or other testa and reports I required
OWNER -ARCHITECT AC� MUR PAGE _
Are DOC. B-let SEPT. ies m. PAM2
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SS He shall arrange and pay for such legal, auditing, end
msu+ao¢ counsellitg services as may be required. for the
Project.
SA H the Owner observes or Otherwise becomee aware of
any defect in the Project, be shall give prompt written notice
thereof to the Ambitect.
ARTICLE f. PROMCr CONSTRUCTION COST
6.1 Project Connection Cost as herein referred to means
the tool met of all work designed or specified by the
Arcbuea. hat does not include any payments made m the
ArchboaN or consultants.
U Project Comtructiav Cart shall be, based upon one of
the following ..sees with D..dens in the order listed:
LLl Iawast acceptable bona fide Comitican'. Proposal
«sired for any or all portions of the Project.
6= Semi-I)wikd or Detailed Estimate of Project Can.
instruction Con At defined in paragraph 6.4 below.
g23 The Architect's laun Statement of Probable Project
Construction Cos based on current area, volume or other
u coact
6,3 Wben labor or material is furnished by the Owner,
the Project Comuuetlon Cos shall include such labor and
wurial at canal market cross
6A H a fixed Had, of Project Construction Coatis stated
herein, or If otherwise autboriad by tias Owner. Estimates
Of the Probable Project Construction Cost prepared in
Scurf -Detailed or Nusiled-form by an experienced estimator
ill be,.scoured by the Architect during the Design Develop
mem or Construction Documents Phase.
LS If the Statement of Probable Project Construction
Cos, o, the Semi-Maided or Detailed Cost Estimate, or
the lowest bona fide proposal is in excess of any limit stated
hereia, thee, Owner shall give written approval of an increase
Re she Inch. or her shill cooperate in revising the project
rape a quality, or both, to reduce the Cast as required.
iL Smce the Architect has no Control over the It of
Inter and materials, or competitive bidding, he does not
giamnlee Her accuracy of any Statements of Probable Con.
amuiw Cost, or any Semi -Detailed or Detailed Cos Eni-
ARTICLE T. DIRECT & RELIIBURSABLE EXPENSE
Zl Direct Personnel Experue includes that of principals
and employees engaged on the Project including architects,
engaeq designer; job captains, draftsmen, specification
wxheta typical and Project Representatives, in consultation,
re Cb, designing, producing drawing, specifications and
Other duaInOeeal pertaining to the Project, and services dur.
in mncruction in the Project site.
72 Reimbursable Expense includes actual expenditure
made by the Architect in the interest of the Project for the
follpeang mCdenml expee£es:
711 Expeme of tramponation and living of principal,
aed employees when traveling in Connection with the Prolecq
long distance other And telegrams; reproduction of Drawings
and spaifi®riom, excluding copies for Architect's olHa tau
and duplfam seal at each phase for the Owner's review sod
appv al; and fan paid for securing approval of authori[ia
hvieg f authorized
over the Project.
Of P If t Representative,
at advance by the Owner, the expense
the Project , nates. PeCipa overtime work squiring higher
stem regular rate; perspective or models for the OwnePe
oa
7l If theta employment is authorized in advance by the
Owner. fees of sP Nxed Consultants, for other than the annual
structural, mechanical and electrical engineering services.
ARTICLE I. PAYMENTS TO THE ARCHITECT
III Payments are sccoun of the Architect's basic services
shall h as follows
B.Ll A minimum primary payment of 5 per oar of the
Cam namion for basic services Payable upon the ezmmov
of Ilse Agreement, is the minimum payment trader the
Agreement.
8.1.2 Subsequent payments shall be made coethly in po-
Portion to services Performed to inmesu the mmpentadoo
for basic services to the following peraetagea at the com-
pletion of each phase of the work:
Schematic Design Phase.... _.. _._.___ 15%
Design Development Phase _ ..__ 35%
Construction Documents Phase _._.._ 75%
Receipt of Bids _ _.._ .. _. _... 60%
Construction Phase _ _.. _. _._ 100%
9.2 Payments for Additional Services of the Arehhexx as
defined in Article 4 above, and for Reimbursable Expeas
as defined in Article 7.2. shall be made monthly upon pass -
solution of Architect's detailed invoice.
83 No deduction shall he made from the Archsect's ovm-
penmtian on account of penalty, liquidated damaper, or
other sums withheld from payments to comeans
IIA It any work designed or specified by the Architesx
during any phase of service s abandoned m suspeusod in
whole or in part, the Architect is to be paid for the ur,i
performed on account of it prior to, mceip of writtco notice
from the Owner of such abandonment as sal Come. toget4
or with reimbursements then due and any terminal Intense,
resulting from abandonment or suspension far cone dean
three months.
ARTICLE. 9. ARCH=CT i ACCOUNILNG RECORDS
Records of the Architect'a Direct Personnel. Comulum, and
Reimbursable Expetse pertaining m this Project and raewds
of accounts between the Owner and Contractor shall be kept
on a generally reoognized accounting basis and stand be acad-
able to the Owner or his authorized rtprtseetatise ss Has -
Really convenient times.
ARTICLE 10. TERMINATION OF AGREE` EN'r
This Agreement may be, terminated by either perry upon
seven days written notice should the other party fah sub-
stantially to Perform in accordance with its terns through
an fault of the other. In the event of terminations, dne as
the fault of other than the Architect, the Arehhw shall be
paid for services Performed to termination date, including
reimbursements than due, plus terminal ex e. ,
ARTICLE 11. OWNF.RSHIY OF DOCUMENTS
Drawings and Specification As instruments of servis m
the property of the Architect whether the Project for which
they are made be executed or not. They are not to his used
on other projects exam by agreement to writing
ARTICLE 12. SUCCESSORS AND ASS1G.\S
The Owner and the Architect each binds himsed, his Pau,
nets successors, assigns and legal repteratatims In the cape,
party to this Agreement and to the partners, suavorq
Assigns and legal representatives of such abet parpp m
respect of all covenants of this Agree at Neither the
Owner nor the Architect shall assign, sublet a tnnsfv his
interest in this Agreement without the written amsesd d
the other.
ARTICLE 13. ARBITRATION
Arbitration of all questions in dispute under date Agreement
shall be at the choice of either patty and shall be in aocmd-
Ance with the provisions, then obtaining of the Standiad
Form of Arbitration Procedure of The Americo Idninne
of Architects This Agreement still h specifically <sg.
able under the prevailing arbitration law and judgment,
upon the award rendered may he entered in the court of
the foram, state or federal, having juried ction The ds
cisions of the arbitrators shall be a condemn pmdrn Is,
the right of any legal action.
OWNER -ARCHITECT ACREEIrErrr POpg PAGE
A14 DOG. E-lal senT. map M. PAC6a
,
I
I 1
Article 14. -
For purposes of computing fees, costs, etc., it is hereby
stipulated and agreed between the parties that -the proposed
total costs of the Ddgewater Public Libary project shall be _
$23,000. '
�I BY
W A
IN %TrNFSS WHEREOF the parties hereto have exeented IA.hi
agi men t the day and ye fib. vsr"XIL
O
City of Fdgt ter
By/WC-i y�
Mayor
ATTEST -
city -COWHBH-AaCBITBCT ACB»mer "Mt rsO
` AIA WC. B-Itl 8Er1'. Im ID, PAfi e