125125
RESOLUTION NO.
A RESOLUTION AUTHORIZING AND INSTRUCTING THE MAYOR
OR THE ACTING MAYOR, AND THE CITY CLERK TO EXECUTE
A STANDARD FORM OF AGREEMENT BETWEEN OWNER AND
ARCHITECT, SAID CONTRACT BEING TENDERED BY CRAIG
J. GEHLERT, ARCHITECT, SAID CONTRACT PROVIDING FOR
PROFESSIONAL SERVICES ON THE PART OF THE ARCHITECT
BY THE PUBLIC LIBRARY PROJECT AND ALSO PROVIDING
FOR COMPENSATION OF THE SAID ARCHITECT, SAID CONTRACT
TO BE EXECUTED BY THE ARCHITECT AND BY THE CITY OF
EDGEWATER, FLORIDA.
WHEREAS, a certain standard form of agreement between owner and
architect has been executed by Craig J. Gehlert, architect, on
May 27, 1966 and submitted to the City of Edgewater, Florida for
its approval and execution, and
WHEREAS, the said contract, a copy of which is attached hereto,
provides for services to be rendered by the architect in connection
with the public library project for the City of Edgewater, Florida
and also provides for the compensation of the said architect for
his services to be rendered, and
WHEREAS, the said standard form of agreement between owner and
architect meets with the approval of the City Council of the City
of Edgewater, Florida in all respects, and
WHEREAS, the City Council of the City of Edgewater, Florida is
desirous of obtaining the services of the said Craig J. Gehlert
as architect for the public library project and wishes to enter
into a contract with the said architect.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA THAT EITHER THE MAYOR OR THE VICE -MAYOR
EXECUTE THE SAID STANDARD FORM OF AGREEMENT BETWEEN OWNER AND
ARCHITECT AND THE MAYOR OR THE VICE -MAYOR AND THE CITY CLERK
ARE HEREBY FULLY AUTHORIZED AND INSTRUCTED TO EXECUTE THE SAID
AGREEMENT.
The above and foregoing resolution was presented by Councilman
Walls who moved its adoption; said motion being
seconded by Councilman Bebbington Upon roll call
r
said resolution was duly declared adopted at a regular meeting of
said City Council held on June 6 1966. The vote of said Council
upon said roll call being as follows:
MaYx)N r
Councilman
ATTEST:
ity Cler
YHI n_.ERIC AN INSTITUTE OF ARCHITECtS
AIAEP i asaaa ED B131
m
THE STANDARD FORM OF AGREEMENT
`j BETWEEN OWNER AND ARCHITECT
ON A BASIS OF A '
PERCENTAGE OF CONSTRUCTION COST
THIS AGREEMENT
made this 271thday of Way' in the year Nineteen Hundred and Sixty -Six
BY AND BETWEEN .
The City of Bdgewaters Florida
Craig J. Gehlert
hereinafter called the Owner, and
hereinafter called the Architect
WITNESSETH,
that whereas the Owner intends to exact a Public Library
hereinafter called the Project,
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NOW, THEREFORE,
the Owner and the Architect, for the considerations hereinafter set forth agree as follows:
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ARTICLE 1. THE ARCHITECT AGREES TO PROVIDE PROFESSIONAL SERVICES FOR THE PROJECT AS
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HEREINAFTER SET FORTH.
ARTICLE 2. THE OWNER AGREES TO PAY THE ARCHITECT AS COMPENSATION FOR HIS SERVICES
• it For his hose: services six percent ( 6 %) of the project comUUcGoe cat, hereinafter referred
so u fhe Buie Rate, the work to be let under a single lump sum contract.
2.2 Fa wort let On It cost-plunfa basis, increase the Basic rate In remain the samegpmpexxxxx nptxx,
2a Fee wort In under separate Contracts, increase the Basic Rate m remain the name plemoowoonoomop�
L4 Far Additional Sersias &fined in Article 4 hereinafter, two ( 2 ) lima
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the Direct Person.] Expense u defined in Article 7.1 hcreinafmr.
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In competing Direct Noes vel Expense principal's time shall be computed at t 12.50 per hour,
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and ®ployeci time shag be at their regular rate of pay plua normal henems.
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25 Reimbmsabk expense as &fined in Article 7.2 hereinafter to the amount expended.
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OWNER -ARCHITECT
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AIA DOC B."I SEPT. 1969 EDw M. pAGFS
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01968 The Ammicas tmtltu'a M Ambiteeb PAGE
1736 Ner Yora Av NW., Wuhlurbm D. C.
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T1!6M AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
3. ARCHITECTS BASIC SERVICES
33 Sehemanc Drugs Phase.
3AJ The Aschited shall consult with the Owner to uar-
men the requbemems of the Project and shall confirm such
reguiremen. to she Owed.
3.11 He shall prepare schematic design studies leading to
a recommended solution together with a general description
of the Project for approval by the Owner.
YI3 He shall submit in she Owner a Statement of Prob.
able Project Communion Coe based on current area, '4o1-
arm or otM unit cents.
5 Design Devdopmem Ph..
3 1 The Architect shall prepare from the approved Sche.
mark Design Studies. the Design Development Documents
oars izams of plam, elevations and other drawings, and out.
lice spocifiotions, in fin and illustrate the sift and character
of the entire Project in its essentials u to kinds of mate
1u4 type of structure, mechanical and electrical systems
am such Other work is, may be required.
3 He shall submit to the Owner a further Statement
of probable Project Cora metion Cost.
3.3 Co.. Documenu Phase.
.. 3 1 The Architect shall prepare from the approved De-
sign De ebpmem Docomcnu, Working Drawings and SPeo-
i( lien scism, forth in derail the work or fired for the
arenitectusak structural, mechanical. electrical, serviacon-
acaed equeaent, and site it, and the necessary bidding
informations, Cnaral Condition of the Contra", end Sup
plemcatary Geoml Conditions of the Contract, and shall
amn in the drafting of Proposal and Contra" Forms.
312 He shelf keep she Owner informed of any adjust.
Oros in prevkm Sanments of Probable Project Construo-
tea Can indicated by changes in scope, requirements or
mark. candid.
3 He shall be responible for filing the required docu-
meats to sewre approval of gmmmental authorities having
Imiamnioa ocher the design of to Project.
3.4 C.C. Phase�eneml Adminimralion of
Coavr . Cammo.
3A.1 The Architm shall ataiit the Owner in oblaming
proposatr from Contractors and in awarding and preparing
comaoaon contracts
3.4.g To the extent provided by the commit between the
Owner and the Contractor, he shall make decisions on all
claims of the Owner and Contractor and on all other matters
celatng to the execution and progress of she work or the
int.pretarion of the Contra" Documents. He shall eldek
• and approve samples. schedules, shop drawings and other
mtmivass Only for conformance with the design conceit
of the Project and for compliance with the information
grain by the Contra. Documents, prepare change orders
and assemble wrinen guarantees required of she Contra"on.
3 He will make periodic visits to the site to familiarize
xr himself geaBy with she progress and q lily of the work
• and Onder.mine in general if she work is proceeding in
a.axdaas. with the Contract Comments. He will not be
sequined w sake exhaustive in continuous on -site inspre
tiuns o chch the quality or quantity of the work and he
will nos be respowlk for she Contractors failure to carry
Cars tom armcninn work in aeenM.— „rin, rho r`nn..en,
ile at the site, he will keep the Owner in.
progrrn of to work, will endeavor to guard
aims defceu and deficieneiu in the work of
cad he may Condemn work as failing to wa.
.ontract Doctimenes. Based on such mmrva-
Donuactori Applications for Payment, he will
amoum owing to the Contractor and will issue
r Paymem in such amounts. These Certificates
By issuing a Certificate for Payment, the Architect will also
represent to the Owner that, to the but of his knowledge,
information and belief based on what his obecrvatbns have
revealed, the quality of the work is in accordance wish the
Contract Documents. He will Conduct inspection in dern-
mine the daces of substantial and final completion and came
a final Certificate for Payment.
3AA If more extensive representation at the site is in-
quired, the Conditions under which such represeoatkn shag
be furnished and a Pooled Representative selected, em-
ployed and directed, shel� be agreed to by the Owner said
the Architect and set forth in an exhibit to this Agrecmeot.
ARTICLE 4. ARCHITECTS ADDITIONAL SERVICES
The following services Cause the Architect extra aperne.
If any of these services are authorized by the Owner they
shall be paid for by the Owner u a Multiple of On ect P.-
mnnel Expense;
4.1 Making planning surveys and special aAalysu of ae
Owner's needs to clarify requirements of the project.
4.2 Making measured drawings of existing construction
when required for planning additions or alrerauons thddo.
43 Revising previously approvd drawing or specifin-
liona to accomplish changes.
4.4 Providing Semi -Detailed or Detailed Con FAtimams
4.5 Preparing documents for Attentive Bids and Chang
Orders, or for supplemented work initiated after Commerce
.at of the construction phase.
4.6 Consultation conceming replacement of any work
damaged by fire or other cause during Comtrection and
furnishing professional services of the types set forth in
Article 3 above as may be required in conactjon win the.
replacement of such work.
4] Arranging for the work to proceed should the Coo-
tra"or d
e
f
a
ult due to delinquency or insolvency.
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4.9 Preparing as -built drawings ahoWing cotseructiav
changes in the work and final locations of mechanical sau-
ce lines and outlets on the basis of dam furnished by tin
Contractor.
4.10 Making an inspection of thiProjen prior Do axprta-
tion of the gn imme. period and reporting oba.vd dive
ancien under guarantees provided by the construction Coo
tracts.
ARTICLE S. THE OWNERS RESPONSEMITTE4
5.1 The Owner shall provide full information as; bins
requirements for the Project.
SS He shall designate, when necessary, representatives aD-
rhmized to a" in his behalf. He shall eaamien documeoea
submitted by the Architect and render deds{mr pe., nivI,
thereto promptly, to avoid unreasonable delay in thin the
progress
ofof i the Architect's work. He shall observe o- Abe pr
sling order cootr to amon only through she
reArchitect.
5.3 He shall furnish or direr Abe Architect to Chan at
the Owner's expense, a certified survey of the sin, giving,
as required, grades and lines of trcum, alley, ixivereared,
and adjoining property; rights of way, restrictions, ease,
rusembi, encroachments, coning, dead restrictions, bomadarin,
and Contents of the building sin; locations, dimensions, aad
Complete data pertaining to existing buildings other ftC,w o-
ruwas end liens; full. information as to available service and
utility lines both Public and privase; and tea bormgs and
pits necessary for determining suboil Conditions
5.4 He shall pay for structural, chamioL mechanicid N
mechanics or other tests and repots if required.
OWNES-ARCnr1'ECT AGRCEQNO r - MM PAGES
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AIA DOC. B-Ibl scarf, aW EC. E4CE2
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SS He shell strange send pay fa such legal, auditing, and
accemana m ssixting services as may be required for the
Prolece
SA H We Owner observe or otherwise becomes aware of
any defter in We Project he shall give prompt written notice
thereof to We Architect
ARTICLE 6. PROJECT CONSTRUCTION COST
U Project Construction Cost as harem referred to meam
the Aral cost of all work designed Or specified by We
Arxbir but does rot include any Payments made to the
Arthiner a ctmmltantc
U Project Conurucri. Coat shall be based upon one of
the following sauces with precedence in the order listed:
U2 Losat acceptable bone fide Contractor's proposal
received for any or all portions of the Project
6.22 Semi -Detailed or Detailed Estimate of Project Con-
srrotion Cos sa defira i in paragraph 6.4 below.
U The Avelikeet'a latest Statement of Probable Project
Construction Cost based on current area, volume or other
met costa
U Pheo labor or material is furnished by the Owner,
the ProjectConstruction Cost shall include such labor and
memorial a current market cost
" If a fixed limit of Project Construction Cost it stated
harem, a if aberwix auhorized by the Owner, Estimates
a the Probable Project Construction Cost prepared in
Semi-DeraslN or Detailed form by an experienced estimator
.xL be socured by the Architect during the Design Develop
mat or COnaractom Documents Phase.
U If the Statement of Probable Project Construction
Con, or the Semi-Detmited or Detailed Cost Estimate, or
the twat boos fide proposal is in excess of any limit stated
hneia. she Owner shall give written approval of an increase
in the limit or he shall cooperate in revising the Project
snipe a quality. or boW W seduce the cost see required
U Since, the Archft
labor and materials.
gmeamee the among
mumoo Coat, a any
vsatca
ARTICLE 7. D
8.1.1 A minimum primary payment of 5 per omt a the
compensation for basic services, payable, upon the axecmion
of the Agreement, is the minimum Payment under the
Agreement.
8.1.2 Subsequent payments shall be made monthly m pro-
portion to services performed to incem. the mmpenstiao
for basic services to the following Percentages a the com-
pletion of each phase of the work
Schematic Design Phase.... .... __. .. _.. 15%
Design Development Phase._.. .. _. __._.._. 35%
Construction Documents Phase __.___ _..____. 75%
Receipt of Bids__ ___. _____.____.____.. 80%
Construction Phase ...._..__. ___. _._.. _.__.._ 100%
82 Payments for Additional Services of the Architect as
defined in Article 4'shom, and for Reimbursable Expense
as defined in Article 7.2; shall be made monthly upon pres-
entation of Architect's detailed invoice.
0.3 No deduction shall be made from the Architect's tom
pemation on account of penalty, liquidated damage, a
other sums withheld from payments to mntnctnn
8.4 If any work designed or specified by the Architect
during any phase of xrvice is abandoned auaperded in
whale or m part, the Architect fs to be paid for she service
performed on account of it prior m receipt of written swtfee
from the Owner of such abandonment or ... ani ou, toga'
er with reimbursements then due and any temdml expme
resulting from abandonment or ausperesime for mars, than
three months.
ARTICLE. 9. ARCHITEM ACCOUNILNG RECORDS
Records of the Architect's Direct Peraonnel, C.I me,, and
Reimbursable Expense pertaining W this Project and records
of accounts between the Owner and Contractor shall be kept
on a generally recognized accounting basis and shall be avai4
able to the Owner or his tothoriud represenuuive so coo-
tually convenient times.
m has no control over the Cost of ARTICLE 10. TERMINATION OF AGREENIE�T
a competitive bidding, he does not This Agreement may be terminated by either parry upon
of any Statements of Probable Con- seven day's written notice should the other parry fat? sub
Semi -Detailed or Detailed Cost Eni- smnthtly to perform in accordance with its terms ibrough
no fault of the other. In the event of xrmirutiov, due m
the fault of others than the Architect, the Architect shall be
BECl' & REDBIIRSABLE EXPENSE paid for se,I.. performed to termination date, including
reimbursements then due, plus terminal expense.
7A DntU Permnnel Expense includes that of principals
and employar trickled oo the Project including architects,
evgtoeerz desigm:s, job rapnim draf[amen, specification
ayitas, nPam avid Project Representatives in Consultation,
maxatrh detigeing, producing drawing, specifications and
cancer dwvmenes pertaining to the Project. and services dur-
ing mmnrsaion at the Projea site.
7a Reimbursable Expense fueled. actual expenditures
made by the Architect in We interest of the Project for the
following focidennl <spenaa
71 Expense of rrempora[bn and living of principals
and mployxa when traveling in mnryction with the Protect;
long distava calls and telegrams; reproduction of drawings
a and spttifiations, excluding Copies for Architect's otTice sue
and dupes suss at rack phase for the Owners review and
approval; and fora paid for securing approval of authorities
haxmg jurisdiction ova she Project.
722 U authorized in advance by the Owner, the expense
of Projm Represevtativ<,. overtime work requiring higher
Wan regular rate, penpeaiva or models for the Owner'
s
72 If their employment is authorised in advance by the
Owner. fees of special mmulunts, for other than the normal
nrarmuaL mechanical and electrical engineering services.
ARTICLE 5. PAYM MS TO THE ARCHITECT
U Payments Do amount of We Architect. basic scrvicea
shall be m follows
ARTICLE 11. OWNERSHIP OF DOCU.MEN7S
Drawings and Sppeecill tions as instruments of service ere
the property of ire Architect whether the Project to which
they arc made be executed or not. They arc not to be used
on other projects except by agreement in writing
ARTICLE 12. SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds hi.ff. his Part-
ners, successors, maigm and legal reprexmadves to the other
party to this Agreement and m the parrain, succeaoq
assigns and legal representatives of such Other party m
impexa of all covenants of this Agreement Natber the
Owner nor the'Architect shall exults, sublet a transfer his
interest in this Agreement without the written comem of
the other.
ARTICLE 13. ARRITRA7ION
Arbitration of all questions in dispute under Wier Agreements:
shall he at the choice of either party and Wall be ise acmrb
ance with the provisions, then obtaining of the Standard
Form of Arbitration Procedure of The Americo Insioae
of Architects. This Agreement shall be specifically enforces
able der the prevailing arbitration law and judgment
upon We ward rendered may be entered in the Court of
We forome sate or federal, having jurisdiction, The d6
cisions of the arbitrmon shall be a condition prenMcvt m
We right of any legal action.
OWNER -ARCHITECT AGREMMISM MUR PAGFS
AIA DOC. R-181 as". teen W. PAGE a
l,rticle 11%
For pur,�c--es Of c=m uting fees, costs, etc., it is hereby
stipulated and agreed between the parties that the proposed
total costs of the Edgewater public Libary project shall be
$23,000.
IN Wr NFSS WHEREOF the parties hereto have exeeoted
• thasr ment the drynd ^Z�hovwrip
u Sh
O�Archi
City of Edgewater, Florida
ATTEST:
• City C;// OWNER -ARCHITECT A0868HQR' POUR PAG=
AIA DOC. R-181 8EPT. Im M. PACE,
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