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STATE OF FLORIDA
DEPARTMENT OF 5
GENERAL SERVICES
Larson Building, Tallahassee 32301
Thomas R. Brown, Executive Director
September 30, 1983 .
Mr. Troy Reeves, Director
Financial Management
Department of State
Room 1901, Capitol
Tallahassee, Florida 32301
RE: DOS-8375/8376
Government House East Wing Renovation/
Haas House
Renovation
St. Augustine, Florida
DIVISIONS
* ADMINISTRATION
* BOND FINANCE
* BUILDING CONSTRUCTION
AND PROPERTY MANAGEMENT
* COMMUNICATIONS
* ELECTRONIC DATA
PROCESSING
* MOTOR POOL
* PURCHASING
* SECURITY
SURPLUS PROPERTY
Please address reply to:
Bureau of Construction
12 Larson Building
Agreement
Authorization No. 1
Appropriation Nos. 1-725-8375
1-725-8376
Dear Mr. Reeves:
The terms of the above referenced document were negotiated with the firm of
Howard Davis, Architect on September 30, 1983. The proposed budget was
adjusted as shown on the attached Exhibit I. Any changes in the proposed
budget since its last issuance have been highlighted in yellow.
Our Budget Officer has requested release of any additional monies required
to cover the items indicated by an asterisk (*) on Exhibit I. Upon the avail-
ability of sufficient released funds, please adjust your encumbrances as
indicated by the asterisks on Exhibit I. Please sign where indicated below
and return this letter to me to acknowledge that you have made the requested
adjustments in the encumbrances.
Your prompt attention to this matter will be appreciated since I cannot issue
the above referenced document until I have received this letter back signed
by yourself.
Sincerely,
kii
Richard W. Clem, P.E.
Contracts Administrator
RWC:pg
Enclosure
Bob Graham
Governor
Jim Smrth
Attorney General
Bill Gunter
State Treasurer
Troy, reeves
tor L. Miron
George Firestone
Secretary of Stale
Doyle Conner
Commissioner of Agriculture
Gerald A Lewis
Comptroller
Ralph D Turlington
Commissioner of Education
NATHAN NAflT ER (~S~
EXHIBIT I
PROJECT NO. DOS-8375 & DOS-8376
COVERNMFNT HOUSE EAST WING RENOVATIONS
& HAAS HOUSE RENOVATIONS, ST. AUGUSTINE, FLORIDA
HOWARD DAVIS. ARCHITECT, A SOLE PROPRIETORSHIP (A/E)
09/30/83
HECTOR MIRON (DOS)
PROJECT NUMBER SUFFIX- DOS-8375-A DOS-8375-B DOS-8376-A
BY A/E BY STANDARD CONTRACT YES YES YES
,BY A/E & U/A BY F/A OR P.O. NO NO NO
BY U/A ONLY BY F/A OR P.O. NO NO NO
APPROPRIATION NUMBER 1-725-8375 1-725-8375 **** 1-725-8376**_
PROJECT AMDUNT/CONSTRUCTION COST 15,000 60,000 ** 25,125
A/E FEES 1,470 3,864 1,656 2,412
DGS FEES 330 1,014 450
AUTH. #1, MEAS. DWGS. 520
MISCELLANEOUS ADVERTISING COSTS 100 100* 100
DESIGN CONTINGENCY
CONSTRUCTION CONTINGENCY 1,236 4,800 1,393
CONTINGENCY AT.ANCE ________ ________ ________ ________ ________ ________ _________
TOTAL BUDGET 18,136 3,864, 67,570 30,000-
* Items to be released and encumbered as of this date. These are total amounts of release and encumbrance including any
amounts that may have been paid on some of these items as of this date.
**$2,518 of this amount released as of this date.
. --- -, -r-J- I I 1 1' r-
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r_ I -1 1 I ---
STATE OF FLORIDA
DEPARTMENT OF GENERAL SERVICES
FORM OF AGREEMENT BE'NEEN
OWNER AND ARCHITECT-ENGINEER
STATE APPROPRIATION NO. DOS-8375/8376
STATE PROJECT NO. 1-725-8375/1-725-8376
Name and Location
GOVERNMENT HOUSE EAST WING RENOVATION/HAAS HOUSE
RENOVATION
ST. AUGUSTINE, FLORIDA
Architect-Engineer
HOWARD DAVIS, ARCHITECT, A SOLE PROPRIETORSHIP
115 ANASTASIA BOULEVARD
ST. AUGUSTINE, FLORIDA 32084
(904) 824-0471
Bob Graham
Governor
George Firestone
Secretary of State
Jim Smith
Attorney General
Gerald A. Lewis
Comptroller
Bill Gunter, Treasurer and
Commissioner of Insurance
Doyle Conner
Commissioner of Agriculture
Ralph D. Turlington
Commissioner of Education
Thomas R. Brown
Executive Director
AGREEMENT FOR ARCHITECT-ENGINEER SERVICES
THIS AGREEMENT
made this 30th day of
Eighty Three
September in the year Nineteen Hundred and
BY AND BETWEEN THE DIVISION OF BUILDING CONSTRUCTION AND PROPERTY MANAGEMENT,
DEPARTMENT OF GENERAL SERVICES, STATE OF FLORIDA, hereinafter called the
OWNER, and
HOWARD DAVIS, ARCHITECT, A SOLE PROPRIETORSHIP
115 ANASTASIA BOULEVARD
ST. AUGUSTINE, FLORIDA 32084
hereinafter called the ARCHITECT-ENGINEER.
Federal Tax I.D. No.:
WITNESSETH, that whereas the Owner intends to implement the Government House
East Wing Renovations and the Haas House Renovations described in the August 23, 1983
letter from Mr. Hector Miron to Mr. Nathan Nadler. This project shall be sub-
divided into the following three (3) parts:
Part I DOS-8375-A Government House East Wing Renovations That Can Be
Completed Within A Construction Budget of $15,000.
Using Agency, Owner and Architect-Engineer to
establish priorities.
Part II DOS-8375-B
Balance of Government House East Wing Renovations
that will have to be constructed at a later date
when additional funding becomes available.
Part III DOS-8376-A Haas House Renovations
The Architect-Engineer may combine Parts I and III, and bid and construct them
as one project if he feels that the market conditions would be better with them
ccnbined.
The Architect-Engineer's Key personnel shall be as shown by Item 7 of the
Professional Qualifications Supplement, which by reference and attachment
hereto forms a part of this Agreement. The Architect-Engineer shall not
deviate from these Key personnel without first obtaining the written consent
of the Owner.
NOW THEREFORE, the Owner and the Architect-Engineer, for the considerations
hereinafter set forth, agree as follows:
ARTICLE 1.
ARTICLE 2.
THE ARCHITECT-ENGINEER AGREES TO PROVIDE PROFESSIONAL SERVICES
FOR THE PROJECT AS HEREINAFTER SET FORTH.
THE OWNER AGREES TO PAY THE ARCHITECT-ENGINEER AS COMPENSATION
FOR HIS SERVICES:
Page 1 of 14
2.1 For his Part I Basic Services prescribed in Articles 3.1 through 3.3.3
hereinafter, the lump sum amount of $1,470.00,,to be distributed as
shown in Article 10.1.1 hereinafter.
For his Part II Basic Services prescribed in Articles 3.1 through 3.2.4
hereinafter, the lump sum amount of $3,864.00, to be distributed as
shown in Article 10.1.1 hereinafter.
The Part II Basic Services prescribed in Articles 3.3 through 3.3.3
hereinafter are not applicable at this time, but may be added later
by mutual agreement and an Amendment to this Agreement.
For his Part III Basic Services prescribed in Articles 3.1 through
3.3.3 hereinafter, the lump sum amount of $2,412.00, to be distributed
as shown in Article 10.1.1 hereinafter.
2.2 For Additional Services defined in Article 4 hereinafter to be paid
as a Lump Sum, the Lump Sumn prescribed in the authorization.
2.3 For Additional Services defined in Article 4 hereinafter to be paid
as a multiple of Direct Personnel Expense, the multiple of 2.25 shall
be applied to the Direct Personnel Expense as defined in Article 6.1
hereinafter, except that the multiple applicable to Article 4.12
hereinafter shall be 1.75.
In computing Direct Personnel Expense as defined in Article 6.1 here-
inafter, personnel's time shall be at actual payroll cost not exceeding
$18.00 per hour.
2.4 Reimbursable Expense as defined in Article 6.2 hereinafter to the
amount expended, not exceeding the limits of Section 112.061 of the
Florida Statutes.
ARTICLE 3. ARCHITECT-ENGINEER'S BASIC SERVICES
3.1 Schematic Design Phase (Parts I, II & III)
3.1.1 The Architect-Engineer shall consult with the Owner to ascertain the
requirements of the Project.
3.1.2 He shall prepare Schematic Design Studies leading to a recommended
solution together with a general description of the Project for
approval by the Owner, and he shall submit to the Owner an estimate
of Probable Project Construction Cost based on current area, volume,
or other unit costs.
Page 2 of 14
Construction Documents Phase (Parts I, II & III)
He shall prepare, from the approved Schematic Design Documents,
Working Drawings and Specifications setting forth in detail the work
required for the architectural, structural, mechanical, electrical,
service-connected equipment, and site work, and the necessary
bidding information, General Conditions of the Contract and
Supplementary General Conditions of the Contract, and shall assist
in the drafting of Proposal and Contract Forms.
He shall
Estimates
in scope,
keep the Owner informed of any adjustments to previous
of Probable Project Construction Cost indicated by changes
requirements or market conditions.
He shall furnish ten (10) copies of the Contract Documents
consisting of construction drawings, specifications, construction
agreement forms, general conditions, special provisions and
technical provisions.
It shall be the responsibility of Architect-Engineer to provide design
documents (drawings and specifications) which conform to applicable
building codes (see Rule 13D-17, Florida Administrative Code) and
zoning codes and generally accepted construction industry standards.
The Architect-Engineer shall signify his responsibility for the plans
and specifications prepared pursuant to this Agreement by affixing his
signature and seal thereto.
Where this Agreement provides for
Engineer's design suggestions and
relieve the Architect-Engineer of
the Owner's approval of the Architect-
decisions, such approval shall not
any responsibility or warranty hereunder.
Page 3 of 14,
3.2.1
3.2.2
3.2.3
3.2.4
3.2
3.3 Construction Phase General Administration of Construction
Contracts (Parts I & III)
3.3.1 He shall assist the Owner in obtaining proposals from Contractors
and in awarding and preparing construction contracts.
3.3.2 To the extent provided by the contract for this project between
the Owner and the Contractor, he shall make decisions on all
claims of the Owner and Contractor and on all other matters
relating to the execution and progress of the work or the inter-
pretation of the Contract Documents. He shall check and approve
samples, schedules, shop drawings and other submissions only for
conformance with the design concept of the Project and for compli-
ance with the information given by the Contract Documents, prepare
Change Orders and assemble written guarantees required of the
Contractor.
3.3.3 He will make periodic visits to the site to familiarize himself
generally with the progress and quality of the work and to
determine in general if the work is proceeding in accordance with
the Contract Documents. He will not be required to make exhaus-
tive or continuous on-site inspections to check the quality or
quantity of the work; he will not be responsible for the tech-
niques or sequences of construction or the safety precautions
incident thereto, and he will not be responsible for the
Contractor's failure to carry out the construction work in accor-
dance with the Contract Documents. On the basis of his observa-
tions as a qualified professional while at the site, he will keep
the Owner informed of the progress of the work, will endeavor to
guard the Owner against defects and deficiencies in the work of
Contractors, and he may condemn work as failing to conform to the
Contract Documents. Based on such observations and the
Contractor's Applications for Payment, he will determine the
amount owing to the Contractor and will issue Certificates for
Payment in such amounts. These Certificates will constitute a
representation to the Owner, based on such observations and the
data comprising the Application for Payment, that the work has
progressed to the point indicated. By issuing a Certificate for
Payment, the Architect-Engineer will also represent to the Owner
that, to the best of his knowledge, information and belief based
on what his observations have revealed, the quality of the work is
in accordance with the Contract Documents. He will conduct
inspections to determine the dates of substantial and final
completion and issue a final Certificate for Payment.
ARTICLE 4. ADDITIONAL SERVICES OF THE ARCHITECT-ENGINEER
The following services cause the Architect-Engineer extra expense. If any of
these services are previously authorized in writing by the Bureau Chief or
Contracts Administrator of the Bureau of Construction of the Owner, they shall be
paid for by the Owner as a Lump Sum as prescribed in Article 2.2 hereinabove
or as a Multiple of Direct Personnel Expense as prescribed in Article 2.3 herein-
above, whichever is specified in the authorization.
Paqe 4 of 14
4.1- Additional services due to significant changes in general scope of
the Project or its requirements including, but not limited to,
changes in size, complexity, or character of construction.
4.2 Making measured drawings of existing construction when required for
planning additions or alterations thereto.
4.3 Revising previously approved drawings or specifications to accom-
plish changes.
4.4 Providing Detailed Cost Estimates.
4.5 When required by the Owner, preparing documents for Alternate Bids
and Change Orders, or for supplemental work initiated after com-
mencenmnt of the construction phase.
4.6 Consultation concerning replacement of any work damaged by fire or
other cause during construction and furnishing professional services
of the types set forth in Article 3 above as may be required in con-
nection with the replacement of such work.
4.7 Arranging for the work to proceed should the Contractor default due
to delinquency or insolvency.
4.8 Providing prolonged contract administration and observation of
construction should the construction contract time be exceeded by
more than 25% due to no fault of the Architect-Engineer. Construction
contract time is the period of time allotted in the Contract Documents
for completion of the work, including Substantial Completion and
Final Completion.
4.9 Revising the tracings to show those changes made during the
construction process, based on the marked up prints, drawings and
other data furnished by the Contractor and which the Architect-
Engineer considers significant.
4.10 Additional services resulting from the Project involving more than
one general construction contract, or separate construction con-
tracts for different building trades, or separate equipment
contracts.
4.11 Making an inspection of the Project prior to expiration of the
guarantee period and reporting observed discrepancies under
guarantees provided by the construction contracts.
4.12 Furnishing and directing one or more Project Representatives (if
more extensive representation at the site than called for in
paragraph 3.3.3 hereinabove is required) with the understanding that
the number, identity, salaries and length of service of such repre-
sentatives shall be agreed to by the Owner. Through the continuous
Page 5 of 14
on-site observations of the work in progress and field checks of
materials and equipment by the Resident Project Representative (if
one is. furnished), the Architect-Engineer will endeavor to provide
further protection for the Owner against defects and deficiencies in
the work, but the furnishing of suchyresident project representation
shall not make the Architect-Engineer responsible for the
Contractor's failure to perform the construction work in accordance
with the Contract Documents.
4.13 Additional services in connection with the Project not otherwise
provided for in this Agreement.
ARTICLE 5. THE OWNER'S RESPONSIBILITIES
5.1 The Owner shall provide full information as to his requirements for
the Project.
5.2 He shall designate representatives authorized to act in his behalf.
He shall examine documents submitted by the Architect-Engineer and
render decisions pertaining thereto promptly to avoid unreasonable
delay in the progress of the Architect-Engineer's work. He shall
observe the procedure of issuing orders to contractors only through
the Architect-Engineer.
5.3 He shall furnish or direct the Architect-Engineer to obtain, at the
Owner's expense, a certified survey of the site giving, as required,
grades and lines of streets, alleys, pavements and adjoining
property; rights of way, restrictions, easements, encroachments,
zoning, deed restrictions, boundaries and contours of the building
site; locations, dimensions and complete data pertaining to existing
buildings; other improvements and trees; full information as to
available service and utility lines, both public and private; and
test borings and pits necessary for determining subsoil conditions.
5.4 He shall pay for structural, chemical, mechanical, soil mechanics or
other tests and reports, if required.
5.5 He shall arrange and pay for such legal, auditing and insurance
counseling services as may be required by the Owner for the
Project.
5.6 If the Owner observes or otherwise becomes aware of any defect in
..the Project, he shall give prompt written notice thereof to the
Architect-Engineer.
5.7 If the Estimate of Probable Project Construction Cost or the
Detailed Cost Estimate or the lowest bona fide proposal is in excess
of any limit stated herein, the Owner may give written approval of
an increase in the limit or he shall cooperate in revising the
project scope or quality, or both, to reduce the cost as required.
Paae 6 of 14
DIRECT AND REIMBURSABLE EXPENSE
6.1 Direct Personnel Expense includes that of principals and employees
engaged on the project including,' but not limited to, architects,
engineers, designers, job captains, draftsmen, specification
writers, clerks, typists and Project Representatives in consulta-
tion, research, designing, producing drawings, specifications and
other documents pertaining to the Project, and services during con-
struction at the Project Site. Payroll cost therefore shall mean
the cost of salaries and wages paid to employees engaged directly on
the Project, plus cost of fringe benefits including, but not limited
to, social securi cy contributions, unemployment, excise and payroll
taxes, workmen's compensation, health and retirement benefits,
bonuses, sick leave, vacation and holiday pay applicable thereto,
but such fringe benefits shall not exceed 25% of direct salaries or
wages paid.
6.2 Reimbursable Expense includes actual expenditures, not exceeding the
limits of Section 112.061 of the Florida Statutes, made by the
Architect-Engineer in the interest of the Project for the following
incidental Expenses. All reimbursable expenses require previous
written authorization from the Bureau Chief or Contracts Administrator
of the Bureau of Construction of the Owner.
6.2.1 Expense of transportation and living of principals and employees
when traveling in connection with services other than those defined
in Article 3 hereinabove; reproduction of drawings and specifications
excluding copies for Architect-Engineer's office use and multiple
sets at each phase for the Owner's review and approval and sets
furnished under Article 3; and fees paid for securing approval of
authorities having jurisdiction over the Project.
6.2.2 Premium portions of overtime.
6.2.3 Renderings or models for the Owner's use.
6.2.4 Fees of special consultants, for other than the normal structural,
mechanical and electrical engineering services and fees for estimators
making Detailed Cost Estimates.
ARTICLE 7. PROJECT CONSTRUCTION COST
7.1 Project Construction Cost shall be based upon one of the following
sources with precedence in the order listed:
7.1.1 Lowest acceptable bona fide Contractor's proposal received for any
or all portions of the Project.
7.1.2 Detailed Estimate of Project Construction Cost if authorized by the
Owner.
Page 7 of 14
ARTICLE 6.
7.1.3 The Architect-Engineer's latest Estimate of Probable Project
Construction Cost based on current area, volume or other unit
costs.
7.2 When labor, material or service connected equipment is furnished by
the Owner, the Project Construction Cost shall include costs there-
for at current market cost.
ARTICLE 8. STATEMENTS OF PROJECT COST
8.1 Owner's Project Amount:
The Project Amount is the amount budgeted for actual construction of
the Project including connections to utilities but is exclusive of
cost of land, furnishings and professional fees. For this Facility
the Project Amount will be $ 15,000.00 for Part I, $60,000.00 for Part
II and $25,125.00 for Part III.
8.2 Architect-Engineer's Estimates:
Since the Architect-Engineer does not have control over the cost of
labor and materials, or over competitive bidding and market condi-
tions, the estimates of construction cost provided for herein are to
be made on the basis of his experience and qualifications but the
Architect-Engineer does not guarantee the accuracy of his estimates
of probable cost as compared to the Contractor's bids. However, the
Architect-Engineer shall conform to the following provisions in his
attempt to keep the Project cost within the Project Amount.
8.2.1 At the start of the Construction Document phase, the Architect-
Engineer shall resolve with the Owner any apparent discrepancy
between his Estimates of Probable Construction Cost and the scope
and requirements of the Owner. He shall be permitted to include
acceptable alternates in the contract documents for the purpose of
providing a finished and acceptable facility within the Project
Amount. Inability of the Owner to award an acceptable construction
contract because the lowest acceptable bid is greater than the
available funds shall be cause for the Architect-Engineer to be
required to revise the project at his own cost and expense in accor-
dance with the requirements of this Agreement until contract can be
awarded within the Project Amount.
8.2.2 If the Architect-Engineer advises the Owner, in writing, after the
Preliminary Design Phase is completed and/or before the Construction
Documents are 50% complete, that in his opinion the scope of the
work which the Owner establishes and insists upon will cause the
construction cost to exceed the funds available and resolution
thereafter of this discrepancy fails; or if the Owner increases the
probable construction cost during the Construction Document phase by
adding to the scope and/or requirements, and the Architect-Engineer
Page 8 of 14
so notifies the Owner in writing of the probable increase in cost,
and the Owner orders the Architect-Engineer to proceed notwith-
standing, then the Architect-Engineer shall not be responsible for
the Owner not being able to award a construction contract within the
available funds. Under such conditions the extra work of the
Architect-Engineer, as required to include in the Bidding Documents
alternates as requested by the Owner and/or to redesign and redraft
the contract documents, shall be considered an "Additional Service"
and payment for such extra work shall be as provided for under
Article 4 hereinabove.
8.2.3 If an award of construction contract is delayed more than four (4)
months following the completion of contract documents, the
Architect-Engineer shall be permitted to revise his estimates in
accordance with recognized published changes in construction costs.
ARTICLE 9. PERIOD OF SERVICE (Part I/Part II/Part III)
9.1 The services called for in the Schematic Design Phase of the
Agreement shall be completed and submitted within 30/30/30 calendar
days following authorization for the Architect-Engineer to proceed.
9.2 After acceptance by the Owner of the Schematic Design Documents and
Estimates of Probable Cost, indicating any specific modifications
or changes in scope desired by the Owner, and upon written authori-
zation from the Owner, the Architect-Engineer shall proceed with
the performance of the services called for in the Construction Docu-
ments Phase of this Agreement so as to deliver same ready for taking
bids within 60/60/60 calendar days thereafter.
9.3 Unless sooner terminated as provided in Article 12, this Agreement
shall remain in force: (1) for a period which may reasonably be
required for the design, award of contracts and construction of the
Project, including extra work and any required extension thereto; or
(2) for a period of 12 months after the completion of the services
called for in that phase of the work last authorized, if construction
is not commenced during that 12-month period.
Page 9 of 14
PAYMENTS TO ARCHITECT-ENGINEER
Payments on account of the Architect-Engineer's services shall be
as follows:
For his Basic Services, payments shall be made at the completion
of each phase of the work in proportion to services performed as
follows:
1-725-8375
Part I Part II
Schematic Design Studies
Upon Submittal of Documents . $257
Upon Approval of Documents . 257
Construction Documents Phase
Upon Submittal of Documents . 257
Upon Approval of Documents . 258
Receipt of Bids . . . 74
Construction Phase (in monthly increments
in proportion to payments made to
contractor) . . . 367
Payments for Additional Services of
as defined in Article 4 hereinabove
as prescribed in the Authorization.
$966
966
966
966
*
'1-725-8376
Part III
$422
422
422
422
121
* 603
the Architect-Engineer
as a Lump Sum shall be made
Payments for Additional Services of the Architect-Engineer as
defined in Article 4 hereinabove as a Multiple of Direct Personnel
Expense, and for Reimbursable Expense as defined in Article 6.2
hereinabove, shall be made monthly upon presentation of a detailed
invoice.
No deduction shall be made from the Architect-Engineer's compensa-
tion on account of penalty, liquidated damages, or other sums with-
held from payments to contractors.
If any work designed or specified by the Architect-Engineer during
any phase of service is abandoned or suspended in whole or in part,
the Architect-Engineer is to be paid for the service performed on
account of it prior to receipt of written notice from the Owner of
such abandonment or suspension, together with reimbursements then
due and any terminal expense resulting from abandonment or suspen-
sion for more than three rvonths.
ARTICLE 11.
ARCHITECT-ENGINEER'S ACCOUNTING RECORDS
Records of the Architect-Engineer's Direct Personnel, Consultant, and Reimbursable
Expense pertaining to this project and records of accounts between the Owner and
Contractor shall be kept on a generally recognized accounting basis and shall be
available to the Owner or his authorized representative at mutually convenient times.
*Not applicable at this time, but may be added later as prescribed in Article 2.1
hereinabove.
Page 10 of 14
10.1
10.1.1
10.2
10.3
10.4
10.5
ARTICLE 10.
TERMINATION OF AGREEMENT
This Agreement rmay be terminated by either party upon seven (7) days' notice,
by mutual agreement, or should one party fail substantially to perform
in accordance with its terms through no fault of the other. In the event of
termination, due to the fault of others than the Architect-Engineer, the
Architect-Engineer shall be paid for services performed to termination date,
including reimbursements then due plus terminal expense.
ARTICLE 13. REUSE OF DOCUMENTS
The Documents prepared pursuant to this Agreement shall not be used on other
projects except by agreement in writing. The Owner may, at his own expense,
obtain a set of reproducible record prints of drawings and other documents, or
if required by the Owner, the Architect-Engineer shall deliver to the Owner
the original tracings, but in such event the Owner at his own expense shall
furnish the Architect-Engineer with a set of reproducible record prints thereof.
ARTICLE 14. SUCCESSORS AND ASSIGNS
The Owner and the Architect-Engineer each binds himself, his 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 in respect of all covenants of this Agreement. Neither
the Owner nor the Architect-Engineer shall assign, sublet or transfer his
interest in this Agreement without the written consent of the other.
ARTICLE 15. CLAIMS AND DISPUTES
The provisions of Chapter 13-4, Florida Administrative Code are referred to
and adopted by reference as though set forth herein.
Under the terms of this contract the Architect-Engineer shall not have any
right to compensation other than, or in addition to, that provided by this
contract to satisfy any claim of any kind whatsoever unless the claim therefore
is delivered to the Owner within ninety (90) days from the date of which the
act or event constituting the basis of such claim occurs. Failure to present
any claim arising under this contract within the ninety (90) day time period
specified above shall constitute waiver and abandonment of claimant's right
to seek administrative consideration of said claim.
All such claims shall be set forth in a petition addressed to the Owner
stating:
Paqe 11 of 14
ARTICLE 12.
(i) The Architect-Engineer's name and business address;
(ii) A concise statement of the ultimate facts, including a statement
of all disputed issues of material fact, upon which the claim
is based;
(iii) A concise statement of the provisions of the contract, together
with any federal, state and local laws, ordinances or code
requirements or customary practices and usages in the trade
or profession asserted to be applicable to the questions
presented by the claim; and
(iv) A demand for that specific relief which the Architect-
Engineer deems himself entitled.
Within thirty (30) days from the receipt of any petition setting forth the
claim, the Owner shall provide the Architect-Engineer its written response
stating Owner's position with respect to each claim asserted. Thereafter,
upon not less than fifteen (15) days notice to the claimant the Department
shall convene a proceeding pursuant to the rules of procedure of the Department
and shall thereafter enter a final order upon the petition.
ARTICLE 16. SPECIAL PROVISIONS
16.1 It shall be the responsibility of the Architect-Engineer to fully
inform the Owner of the progress of the Planning and Design. To
this end the Architect-Engineer shall furnish the Owner with a
complete and descriptive status report and a forecasted completion
schedule at the end of each month following the receipt of the
signed contract document. The Architect-Engineer shall furnish
these reports until a contract award is made for construction at
which time the reports described in Article 16 .Z shall be
furnished.
16.2 In addition to the requirements set forth in Article 3.3.3, the
Architect-Engineer shall complete the Division of Building Con-
struction and Property Management, Bureau of Construction, Monthly
Construction Report each and every month based on knowledge
obtained through observation of the construction work. The
Architect-Engineer shall submit this report to the Bureau of
Construction, Projects Manager, on or before the first day of each
month.
16.3 The Architect-Engineer shall enlist the services of a qualified
consultant, when approved in writing by the Bureau Chief or
Contracts Administrator of the Bureau of Construction of the
Owner, for surveys, subsurface investigation, testing and detailed
cost estimating when required. The direct cost of these services
shall be invoiced to the Owner from the Consultant with approval
for payment by the Architect-Engineer stated on the invoice. The
Owner shall reimburse the consultant directly in accordance with
the terms of the written authorization.
Page 12 of-14
Prohibition Against Contingent Fees
The architect (or registered land surveyor or professional engineer,
as applicable) warrants that he has not employed or retained any
company or person, other than a bona fide employee working solely
for the architect (or registered land surveyor, or professional
engineer, as applicable) to solicit or secure this agreement and
that he has not paid or agreed to pay any person, company, corpora-
tion, individual or firm other than a bona fide employee working
solely for the architect (or registered land surveyor or professional
engineer, as applicable) any fee, commission, percentage, gift, or
any other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of this
provision, the Owner shall have the right to terminate this Agreement
without liability and, at his discretion, to deduct from the Basic
Services Compensation shown in Article 2.1 hereinabove, or otherwise
recover, the full amount of such fee, commission, percentage, gift,
or consideration.
16.5 Bills; Travel Expenses
Bills for fees or other compensation for services or expenses shall
be submitted in detail sufficient for a proper preaudit and post-
audit thereof. Bills for any travel expenses shall be submitted
in accordance with procedures specified in Section 112.061 of the
Florida Statutes governing payments by the State for travel expenses.
Travel expenses, when authorized, may be reimbursed in an amount not
to exceed the maximum amount established in Section 112.061.
16.6 By execution of this Agreement, the Architect-Engineer certifies
that the wage rates and other factual unit costs supporting the
Basic Services compensation specified in Article 2.1 hereinabove
are accurate, complete and current at the time of negotiations
for this Agreement; and that any wage rates or other factual unit
costs furnished the Owner in the future to support additional
service proposals will also be accurate, complete and current at
the time of submitting such proposals. The Architect-Engineer
agrees that the Basic Services Corpensation and any authorized
additional service compensation shall be adjusted to exclude any
significant sums by which the Owner determines such compensations
were increased due to inaccurate, incomplete or noncurrent wage
rates and other factual unit costs. The Owner and the Architect-
Engineer agree that all such adjustments in compensation shall be
made within one year following completion of the services covered
by this Agreement.
Page 13 of 14
16.4
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first
written above.
AWARD OF CONTRACT APPROVED BY THE EXECUTIVE DIRECTOR-
Dated
September 23, 1983
George Firestone
Secretary of State
Jim Smith
Attorney General
Gerald A. Lewis
Comptroller
Bob Graham
Governor
Thomas R. Brown
Executive Director
Bill Gunter, Treasurer and
Commissioner of Insurance
Doyle Conner
Commissioner of Agriculture
Ralph D. Turlington
Commissioner of Education
ARCHITECT-ENGINEER
HOWARD DAVIS, ARCHITECT,
A SOLE PROPRIEIORSHIP
As Witnessed By
HOWARD DAVIS, SOLE PROPRIETOR
(Name and Title)
APPROVED AS TO FORM AND LEGALITY
General Counsel
Department of General Services
Division of Building Construction and
Property Management
DEPARTMENT OF GENERAL SERVICES
By
Albert E. Bass, Director
Division of Building Construction and
Property Management
As Witnessed By
Pace 14 nf 14
I __________^ __ I --- I ------
K I-Y 'RisNtNLi. OF' 1iiPuOSD TEAM TO in UI ISE ) ON TIE rOCIT
.I''LITCANT'G Princ1 ppl(u)-ln-charge
HOWARD W. DAVIS
T l- ucip l Scuff
STEVE SCJIUYLER
J. BRUCE DUFF
DAVE MANCINO
t
t)NSUI.TANT(S) or IN-11OUSE STAFF
r inc i pL I (u) -In-charge
rcilc lip.i 1 Sr'tt
LIEBTAG, ROBINSON & WINGFIELD
H.W. KEISTER ASSOCIATES
N
DISCIPLINE OF IREC./T[RAININC
ARCHITECTURE, PLANNING
ARCHITECTURE
ARCHITECTURE
ARCHITECTURE
MECHANICAL & ELECTRICAL
ENGINEERING
STRUCTURAL ENGINEERING
CITY OF RESIDENCE
ST. AUGUSTINE, FLORIDA
ST. AUGUSTINE, FLORIDA
ST. AUGUSTINE, FLORIDA
ST. AUGUSTINE, FLORIDA
JACKSONVILLE, FLORIDA
JACKSONVILLE, FLORIDA
HOWARD DAVIS, ARCHITECT (OWNER)
July 15. 1983
Typn T..e. 1-- 983.... .,
Type Name and Tidle of Signer
Dace
STATE OF FLORIDA
DEPARTMENT OF
GENERAL SERVICES
Larson Building, Tallahassee 32301
Thomas R. Brown. Executive Director
September 30, 1983
Howard Davis, Architect
115 Anastasia Boulevard
St. Augustine, Florida 32084
RE: DOS-8376-A
Haas House Renovation
St. Augustine, Florida
DIVISIONS
ADMINISTRATION
BOND FINANCE
* BUILDING CONS
AND PROPERTY
* COMMUNICATION
* ELECTRONIC DATA
PROCESSING
TRUCTION MOTOR POOL
MANAGEMENT PURCHASING
NS SECURITY
* SURPLUS PROPERTY
Please address reply to:
Bureau of Construction
512 Larson Building
Authorization No. 1
Appropriation No. 1-725-8376
Gentlemen:
Under the terms of Article 4.2 of our Agreement, you are hereby authorized
to make measured drawings of the existing facility for an amount not to exceed
$520.00, as concurred in by our Project Director, Mr. Nathan Nadler.
Invoice for these services as prescribed in Articles 2.3, 2.4, 6.2.1 and
10.3 of our Agreement and attach a copy of this authority.
Sincerely,
Richard W. Clem, P.E.
Contracts Administrator
RWC:pg
cc: Comptroller
Fiscal
Mr. Nathan Nadler (DGS)
Mr. Hector Miron (DOS)
George Firestone
Secretary of State
Doyle Conner '
Commissioner ol Agriculture
Gerald A Lewis
Comptroller
Ralph D Turlington
Commissioner of Education
Bob Graham
Governor
Jim Smith
Attorney General
Bill Gunter
State Treasurer
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