Exh 9GAGENDA ITEM N9G
SEPTEMBER 8, 2003 '
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: City Hall Renovations and Additions
SUBMITTED BY: Don Ford
DATE: 09/02/03
BACKGROUND: Staff has reviewed proposed contract and price, asked for
several Amendments and requests have been complied with.
Now contract is ready to approve.
BUDGET:
ATTACHMENTS:
RECOMMENDATION:
$250,000.00 is in proposed budget for FY 2003-2004
Copy of Standard Form of Agreement Between Owner and
Architect With Standard Form of Architect's Services
Approve contract for P.Q.H. and authorize City Manager to
sign.
REVIEWED BY CITY
AGENDA ITEM #9G
SEP1'ENII3ER 8, 2003
1 9 9 7 E D I T I O N
AIA DOCUMENT
18141-1997
Standard Form of Agreement Between Owner and Architect
with Standard Form of Architect's Services
This document has important
legal consequences.
AGREEMENT made as of the Twenty-eighth (28th) day of August Consultation with an
in the year Two thousand and three (2003) . attorney is encouraged
(!n words, indicate duy, month and year) with respect to its
completion or modification.
BETWEEN the Architect's client identified as the Owner
(Name, address and other information) TABLE Of ARTICLES
City of Atlantic Beach 1,1 INITIAL INFORMATION
800 Seminole Road
Atlantic Beach, FL 32233-5445 1.3 RESPONSIBILITIES OF THE
and the ATChttect: PARTIES
13 TERMS AND CONDITIONS
PQH AI'ChlteCtS lilt.
4141 Southpoint Drive East, Salte ZOO 1.4 SCOPE OP SERVICES AND
Jacksonville, FL 32216
OTHER SPECIAL TERMS
For the following Project: AND CONDITIONS
PROJECT SCOPE: Project is in City Hall located at 800 Seminole Road in Atlantic is COMPENSATION
13each. The new addition will be approximately.1,200 s.f. and shall be an expansion of
the existing Ciry Hall building which contains 6,400 square feet. The project will
include the addition of several new offices, remodeling of the lobby area, expansion or
relocation of a conference room and possibly the addition of a drive-thtu payment
window and reconfiguration ofthe adjacent parking lot. '
The design portion of the project will have two phases. The first will include the
Schematic Phase which will include a design of the floor plan with an opinion of \`~/~
probable cost so that a budget can be established for the project. The second phase ~
~~ ~~~
of the project will include Flllal Design and related services up to the bid opening and ~:~~M9,~
:
:
be approved.once the City Commission has budgeted the funds needed. .•
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0119] AIA®
The new addition shall have an architectural style that is consistent with the original AlA DOCUMENT 8111.1997
~.Ity Hall budding. STANDARD fORM
AGREEMENT
The Owner and Architect a tee as follows:
g The American Irbnrole
~ of A]chilet]9
1735 New York Avenue, N.W.
.Washington, D.C. 30004.5793
Copyrigh11917, 193Q 1918, 1957, 1953. 1958, I%1, 1943. 1966. 1%7, 1970, 1971, 1977, 1987, 01997 by The Amerkan
Inslilul! OI Archiletlf. flepaductian of the material herein a1 fubflanlial gV01a1i01101 its prwifbnf Wiltqul wri11M
permissbn of the AIA vglates Ifa copyright laws of the United Sloes and will subject tha violator to legal prose<u•
AGENllA ITEM #9G
SEPTEMBER 8, 2003
L~
ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based al the following information and assumptions.
(Nose the disposition fist she following ilenN by inserting she r<quesled infornwtion or a ssal<mcm su[h us "rmt
applicable;' "unblown us sink of exrastion"or "ta be ddcrrnincd loser fry minuul ugreesnent. ")
1.12 PROTECT PARAMETERS
1.1.2.7 The objective or use is: '
(ldtnlify or desrribc, if appropriate, proposed use or goals.)
City Hall expansion and remodeling to support the City's mission to provide
service to its citizens. ;
7.1.2.2 The physical parameters are:
(ldenlify or describq if appropriate, size, location, dimensions, or other pertinent information,
such us geosechnical reports about the site)
Location of projecC is at the existing City Hall.
].1.23 The Owner's Program is:
(fdemify documenmtion or state the manner in which the program will be developed)
Architect to provide Programming Services during Che Schematic Phase.
7.12.4 The legal parameters are:
(fdensify pertinent Iegd information, including, if appropriate, fond surveys and legal descriptions and
reslridions of the tile)
Property and topographical survey to be provided as a reimbursable to
Architect.
t.12S The fmancial parameters are az follows.
.r Amount of the Owner.'s overall budget for the Project, including the Architect's
compensation, is: $250,000.00 more or less suBjecc to review by
City Commission.
7.72.6 The time parameters are:
(Identify, if appropriate, milestone dales, durations or fast nark scheduling.)
Schematic Phase - 30 days after Notice to Proceed and receipt of survey.
Final Design - 75 days after Notice to Proceed
1.72.7 The proposed procurement or delivery method for the Project is:
(ldenlify method such as competitive bid, negwiated contract, w tonrtrutsion management.)
To be determined III
1.12.8 Olhtr parameters are:
0
°o•.--.•o
(Identify tpecia! daracterislict or n<dt of the f'rojett such at energy, tnvironmtntul or historic prettrvation °Q
fegY%rtlllenfi.) O I f 1 r A I A
NA DOCUMENT 0141-1997
None 9TANOAftO FORM
AGREEMENT
the AmerKan IMtiluM
of Arthi1K15
1735 N<w Vork Avenue, N.W.
Washington, D.C. 20006.5292
AGENDA ITEM #9G
SEPTEMBER 8, 2003
i
1.13 PROTECT TEAM ~
~ t.t.3.1 The Owner's Designated Representative is: '
~ (List narnr, uddren and other in~srmution.) !
Don C. Ford CBO, Building Official
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
1.13.2 The persons or entities, in addition to the Owner's Designated Representative, who are
required to review the Architect's submittals to the Owner are:
(List namq address and other.in ormution.)
Jim Hanson, ity Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
t.t3.3 The Owner's other consultants and contractors are;
(List discipline and, if known, identify them by Hume and address.)
Not Applicable
1.13.4 The Architect's Designated Representative is;
(Litt name, uddras and other information.)
Jose M. Perez, AIA
PQH Architects, Inc.
4141 Southpoint Drive East, Suite 200
Jacksonville, FL 32216
1.135 The consultants retained at the Architect's expense are:
(List discipline and, if known, identify them byname and uddrds.)
To be determined by the Architect
t.t.4 Other important initial information is:
None
t.t.s When the services under this Agreement include contract administration services, the
General Conditions of the Contract Cor Construction shall be the edition of AIA Document Axol
current as of the dale of this Agreement. or as follows:
1.1.6 The information contained in this Article t.t may be reasonably relied upon by the Owner
and Architect in determining the Architect's compensation. both parties, however, recognize that
such information may change and, in that event, the Owner and the Architect shall negotiate
appropriate adjustments in schedule, compensation and Change in Services in accordance with
Paragraph L}.}..
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0199) AIA®
AIA DOCUMENT l1~1.1997
STANDARD FORM
AGREEMENT
Thn American Inftilule
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006.5792
AGENDA ITEM #9G
SEl'TENIl1ER 8, 2003
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 The Owner and the Architect shall cooperate with one another ro fulfill their respective
obligations under this Agreement. Ooth parties shall endeavor to maintain good working
relationships among all members of the Project team.
1.2.2 OWNER
1.2.2.7 Unless otherwise provided under this Agreement, the Owner shall provide full information
in a timely manner regarding requirements for and limitations on the Project. The Owner shall
Furnish to the Architect, within t5 days after receipt of a written request, information necessary
and relevant for the Architect to evaluate, give notice of or enforce lien rights.
7.2.2.2 The Owner slTall periodically update the budget (or the Project, including that portion
allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the
overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies
included in the overall budget or a portion of the budget, without the agreement of the Architect
to a corresponding change in the Project scope and quality.
7.2.23 The Owner s Designated Representative identified in Paragraph t.t.} shall be authorized to
act on the Owners behalf with respect to the Project. The Owner or the Owner's Designated
Representative shall render decisions in a timely manner pertaining to documents submitted by
the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the
Architect's services.
1.2.2.4 The Owner shall furnish the services of consultants other than those designated in
Paragraph t.L3 or authorize the Architect to furnish them as a Change in Services when such
services are requested by the Architect and are reasonably required by the scope of the Project.
7.2.2.5 l]nless otherwise provided in this Agreement, the Owner shall furnish tests, inspections
and reports required by law or the Contract Documents, such as structural, mechanical, and
chemical tests, tests for air and water pollution, and tests for hazardous materials.
t.23.6 The Owner shall Cumish all legal, insurance and accounting services, including auditing
services, that maybe reasonably necessary at any time for the Project to meet the Owner's needs
and interests.
7.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes
aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in
the Architect's Instruments of Service.
1.23 ARCHITECT
7.23.7 The services performed by the Architect, Architect's employees and Architect's consultants
shall be as enumerated in Article tq.
7.23.2 The Architec's semces shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the, Project. The Architect shall submit for
the Owner's approval a schedule for the performance of the Architect's services which initially
shall be consistent with the lime periods established in Subparagraph t.t.16 and which shall be
adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods
oC lime required for the Owner's review, for the performance of the Owner's consultants, and for
approval of submissions by authorities having jurisdiction over the Project. Time limits
established by this schedule approved by the Owner shall not, except for reasonable cause, be
exceeded by the Architect or Owner.
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OIa9) AIAO
AN DOCUMENT 0141.1997
STANDARD FORM
AGREEMENT
The American Institute
of ArChiletts
1735 New Vork Avenue, N,W.
Washington, O.C. 3000G•5293
AGENDA ITEM #9G
SEPTEMBER 8, 2003
1.2.33 The Architect's Designated Representative identified in Paragraph t.t.} shall be authorized
to act on the Architect's behalf with respect to the Project.
1.2.3.a The Architect shall maintain the confidentiality of information specifically designated as
confidential by the Owncn unless wilhltolding such information would violate the law,crcate the
risk of significant harm to llle public or prevent the Architect from establishing a claim ordefense
in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar
agreements to maintain the confidentiality of information specifically designated as confidential
by the Owner.
1.23.5 Exccpl with the Owner's knowledge and consent, the Architect shalt not engage in any
activity, or accept any employment, interest or contribution that would reasonably appear to
compromise the Architect's professional judgment with respect to this Project.
1.23.6 The Architect shall review laws, codes, and regulations applicable to the Architect's
services. The Architect shall respond in the design of the Project to requirements imposed by
governmental authorities having jurisdiction over the Project.
133.7 The Architect shall be entitled to rely on the accurary and completeness of services and
information furnished by the Owner. The Architect shall provide prompt written notice to the
Owner if the Architect becomes aware of any ertors, omissions or inconsistencies in such services
or information.
ARTICLE 1.3 TERMS AND CONDITIONS
13.1 COST OF THE WORK
1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed,
the estimated cost to the Owner of a0 elements of the Project designed or specified by the
Architect.
13.1.2 The Cost of the Work 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 Cor
market conditions at the time of bidding and for changes in the Work.
1.3.13 The Cost of the Work does not include the compensation of the Architect and the
Architect'sconsultants, the costs of the land, rights-of-way and financing or other costs that are
the responsibility of the Owner.
13.2 INSTRUMENTS OF SERVICE
73.2.1 Drawings, specifications and other documents, including those in electronic form,
Ilj~ prepared by the Architect and the Architect's consultants are Instruments of Service for use sole-
> ly with respect to this Project. The Architect and llre Architect's consultants shall be deemed the
d
eo
O° authors and owners of their respective Instruments of Service and shall retain all common law,
~D
statutory and other reserved rights, including copyrights.
OIf91 AIAO
AU DOCUMENT 6141.1997 73.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive
STANDARD FORM license l0 Ct raiuce the Architect's Instruments of Service solel fOr U OSeS Of GOnSIIVCIIn
P y P rP g'
AGREEMENT using and maintaining the Project, provided that the Owner shall comply with all obligations,
'The American Institute including prompt payment of all sums when due, under this Agreement. The Architect shall
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 10006.5292 wt~'
AGENDA I1'EDI tf9C
SEPTEMBER 8, 2003
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. llpon such termination, the Owner shaA refrain from making further reproductions
of lnstrumenls 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 Inslrumenls of Service solely for purpous of
completing, using and maintaining the Project.
t3.23 Except for the licenses granted in Subparagraph 1.}.z.z, no other license or right shall be
deemed granted or implied under this Agreement. The Owner shall not assign, delegate,
sublicense, pledge or otherwise transfer any license granted herein to another party without the
prior written agreement of the Architect. However, the Owner shall be permitted to authorize the
Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to
reproduce applicable portions of the Inslrumenls of Service appropriate to and for use in their
execution oC the Work by license granted in Subparagraph t.}.z.z. 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 Cor other projects, unless the Owner
obtains the prior written agreement of the Architect and the Architect's consultants. Any
unauthorized use of the lnstrumenls of Service shall be at the Owners sole risk and without
liability to the Architect and the Architect's consultants.
t31.4 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 oCService, the Owner and the Architect shall by separate written agreement set forth
the specific conditions govcming'the format oC such lnstrumenls of Service or electronic data,
including any special limitations or licenses not otherwise provided in this Agreement.
133 CHANGE IN SERVICES
133.1 Change in Services of the Architect, including services required oC the Architect's
consultants, may be accomplished after ezecution of this Agreement, without invalidating the
Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's
control, ar if the Architect's services are affected as described in Subparagraph 1.}.}z. !n the
absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing
such services. if the Owner deems that all or a part of such Change in Services is not required, the
Owner shall give prompt written notice to the Architect, and the Architect shall have no
obligation to provide those services. Except For a change due to the fault of the Architect Change
in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant
to Paragraph t.5.x, and to any Reimbursable Expenses described in Subparagraph 1.}.9.z and
Paragraph t.5.5.
133.2 If any of the following circumstances affect the Architect's services (or the Project
the Architect shall be entitled to an appropriate adjustment in the Architect's schedule
and compensation:
.t change in the instructions or approvals given by the Owner that necessitate revisions in
In$lrument$ Of Service;
s enactment or revision of codes, laws or regulations or official interpretations which
necessitate changes to previously prepared lnstrumenls of Service;
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0199) A1~0
AIA DOCUMENT 8141-1997
STANDARD rORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 2000G•5291
AGENDA ITEM #9G
SEPTEMllER 8, 2003
~ decisions of the Owner not rendered in a timely manner;
.~ significant change in the Project including, but not limited to, size, quality, complexity,
' the Owner's schedule or budget or procurement method;
s failure of performance on the part of the Owner or the Owner's consultants
or contractors;
s preparation for and attendance at a public hearing, a dispute resolution proceeding or
a legal proceeding except where the Architect is party thereto;
.r change in the information contained in Article t.t.
1.3.4 MEDIATION
1.3.a.t 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.
13.4.2 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 wish the Construction Industry Mediation Rules of the American Arbitration
Association currently in effect.Itequest for mediation shall be filed in writing with the other party
to this Agreement and with the Arneriean Arbitration Association. The request may be made
concurrently with the filing oC 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 6o days Erom the date of filing, unless stayed for a longer period by
agreement of the parties or court order.
13.43 The parties shall shaze the mediator's Cee and any filing fees equally. The mediation shall
beheld in the place where the Project is located, unless another location is mutua0y agreed upon.
Agreements reached in mediation shall be enforceable u settlement agreements in any court
having jurisdiction thereof.
735 ARBITMTION
135.7 Any claim, dispute or other matter in question arising out of or related to this Agreement
sha0 be subject to arbitration. Prior to azbitrution, the parties shall endeavor to resolve disputes by
mediation in accordance with Paragraph t.}.4.
73.52 Claims, d'rspules and other matters in question between the parties that are not resolved by
mediation sha0 be decided by arbitration which, unless the parties mutua0y agree otherwise, shall
be in accordance with the Construction industry Mbilration Rules of the American Arbitration
Association currently in effect. The demand for arbitration shall be filed in writing with the other
party to this Agreement and with the American Arbitration Association.
Ilj~ t3.sa A demand for arbitration shall be made within a reasonable time after the claim, dispute
e e or other matter in question has arisen. In no event shall the demand for arbitration be made after
oo.~-s.oo° the dale when institution of legal or equitable proceedings based on such claim, dispute or other
matter in question would b<barred by the applicable statute of limitations.
Olf1f AIAO
AU IfONMENT 8141.1997 135.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation
sTANOARD FORM
AGREEMENT
or joinder or in any other manner, an additional person or entity not a party to this Agreement,
except by written consent containing a specific reference to this Agreement and signed by the
The American Inflilule Owner, Architect, and any other person or entity sought to be joined. Consent to azbitration
or Archisecrs involving an additional person or entity shall not constitute consent to arbitration oC any claim,
1735 New York Avenue, N.W.
Washington, O,C. 200065292 ~f~
AGENDA ITEM N9G
SEPTEMBER 8, 2003
dispute or other master in question not described in the written consent or wish a person or
entity not named ordescribed therein.The foregoing agreement to arbitrate and outer agreements
to arbitrate with an additional person or entity duly consented to by parties to this Agreement
shall be specifically enforceable in accordance with applicable law in any court having jurisdiction
thereof.
1.3.5.5 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 juriuliction lhereoC
1.3,6 CLAIMS FOR CON6EOUENTiAI DAMAGES
The Architect and the Owner waive consequential damages for claims, disputes or other matters
in question arising out of or relating to this Agreement. This mutual waiver is applicable, without
limitation, to all consequential damages due to either party's termination in accordance with
Paragraph t.}.R.
13.7 MISCELLANEOUS PROVISIONS
13.7.1 This Agreement shall be governed by the law of the principal place of business of the
Architect, unless otherwise provided in Paragraph t.q.7.
1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA
Document Axo4 General Conditions of the Contract For Construction, current as of the date of
this Agreement.
13.73 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 ad occurring after Substantial Completion. In no event shall such statutes oC
limitations commence to run any later than the date when the Architect's services are
substantially completed.
13.7.4 To the extent damages are covered by property insurance during construction, the Owner
and the Architect waive all rights against each other and against the contractors, consultants,
agents and employees of the other Cor damages, except such rights as they may have to the
proceeds of such insurance as Set Corth in the edition of AlA Document Axot, General Conditions
of the Contract Cor Construction, current as of the dale 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.
13.7.5 Nothing contained in this Agreement sha0 create acontractual relationship with or a cause
of action in favor of a third party against either the Owner or Architect.
13.7.6 Unleu otherwise provided in this Agreement, the Architect and Architect's consuhanls III)
shall have no responsibility Cor the discovery, presence, handling, removal or disposal of or
exposure of persons to hazardous materials or toxic substances in any form at the Project site. o
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13.7.7 The Architect shall have the right to include photographic or artistic repmsenWtions of the
design of the Project among the Architect's promotional and professional materials. The Architect o i s s r a ~ w
shall be given reasonable access to the completed Project to make such representations. However, AIA DOCUMENT 1141-1997
the Architect's materials shall not include the Owners confidential or ro rieta information if STANDARD FORM
P P rY AGREEMENT
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 fur The American Institute
olArchifeers
the Architect in the Owner's promotional materials (or the Project. u75 New vork Avenue, N.w.
A~ Washington, D.C. 300063792
AGENDA ITEM #9C
SEPTEMBER 8; 2003
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AIA DOCUMENT a141.1997
STANDARD fORM
AGREEMENT
t3.7.a 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 Iq 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.
i3J.9 Thr 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,
13.8 TERMINATION OR SUSPENSION
13.a.t 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 Cor suspension of performance of services under this Agreement. If the
Architect elects to suspend services, prior to suspension of services, the Architect shall give xven
days' written police to the Owner. In the event of a suspension of services, the Architect shall have
no liability to the Owner Cor 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 xrvices and the time schedules shall be equitably adjusted.
t3.9.2 IC the Project is suspended by the Owner for more than }o 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 Architett's services.The Architect's fees for the remaining services and the time
schedules shall be equitably adjusted.
13.a3 If the Project is suspended or the Architect's services are suspended Eor more than 90
consecutive days, the Architect may terminate this Agreement by giving not less than seven days'
written notice.
t3.a.4 This Agreement maybe 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 Cault of the party initiating the termination.
t3.a5 This Agreement may be terminated by the Owner upon not less than seven days' written
notice to the Architect for the Owner's convenience and without cause.
t3.e.6 In the event of termination not the fault of the Architect, the Architect shall be
compensated for services performed prior to termination, together with Reimbursable Expenses
then due and all Termination Expenses as defined in Subparagraph t.3.8.7.
13.e.7 Termination Expenses are in addition to compensation for the services of the Agreement
and include expenses directly attributable to termination Cor 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.
The American InsNlute
olArthilecls
1735 New York Avenua, N.W.
Washington, D.C. 1000G3i9i
AGENDA ITEM tl9G
SEPTEMBER 8, 2003
1.3.9 PAYMENTS TO THE ARCHITECT
1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall
be made monthly upon presentation of the Architect's statement of services. No deductions shall
be made Gom the Architect's compensation on account of penalty, liquidated damages or other
sums withheld Crom 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.
13.9.2 Reimbursable Expenses are in addition to compensation for the Architect's 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:
a transportation in connection with the Project, authorized out•of-town travel and
subsistence,.
s (ees paid for securing approval of authorities having jurisdiction over the Project;
s 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;
s renderings, models and mock-ups requested by the Owner;
.s expense of professional liability insurance dedicated exclusively to this Project or the
expense of additional insurance coverage or limits requested by the Owner in excess of
that normally carried by the Architect and the Architect's consultants;
.7 reimbursable expenses as designated in Paragraph t.5•Si
.e other similar direct Project-relatedexpendilures.
t3.93 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of
services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be
available to the Owner or the Owner's authorized repreuntative at mutually convenient times.
13.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel
engaged on the Project and the portion of the cost of their mandatory and customary
contributions and benefits related thereto, such as employment lazes and other statutory
employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and
similar contributions.
ARTICLE 1.4 SCOPE OF SERVICES AND OTNER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and
integrated agreement between the Owner and the Architect and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended only by
written instrument signed by both Owner and Architect. This Agreement comprises the
documents listed below.
1.4.1.1 Standard Form oFAgreement between Owner and Architect, A[A Document 6tgt-t997.
1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AfA
Document Otgo-t997 or as follows:
(List other dacumenu, if any, Il<lin<asing Arrhilecfs scope of s<rvices.)
1.4.13 Other documents as fo0ows:
(List other Alxumenls, if any, forming port of the Agrtem<nL)
None.
III o
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01991 AIAO
AIA DOCUMENT 8U1-0997
STANDARD fORM
AGREEMENT
The American Instil Ule
of Arrhilecli
1735 New Yark Avenue. N.W.
Wathingron, D.C. r0006.579]
AGENDA ITEM #9G
SEPTENII3ER 8, 2003
i
,i
La.I Special Terms and Conditions. Special terms and conditions that modify this Agreement
are as follows:
None
ARTICLE 1.5 COMPENSATION
1,5.1 For the Architect's services as described under Article t.a, compensation shall be
computed as follows.
Phase I -Schematics $ 7,500,00
Phase TT -Final Design/Bidding, 22,500:00
Total Fixed Fee $ 30,000.00
15.2 If the services of the Architect are changed as described in Subparagraph t.}.3.r, the
Architect's compensation shall be adjusted. Such adjustment shall be calculated as described
below or, if no method of adjustment is indicated in this Paragraph r.5.x, in an equitable
manner.
(Insert bmis of compcnsution, including rates and multiples of Direct Personnel Expense for Principals and
employees, and identify Principals anJ classify employee, if required. fdmtify specific services to which purtic-
ular methods of compcnsution apply)
Hourly basis
L53 For a Change in Servius of the Architect's consultants, compensation shall be computed
as a multiple of one and one-tenth ( 1.1) times the amounts billed to the
Architect for such services.
1s.4 For Reimbursable Expenses as described in Subparagraph t.}.y.z, and any other items
included in Paragraph r.S.S as Reimbursable Expenses, the compensation shall be computed as a
multiple of one and one-tenth ( 1.1 )times the expenses incurred by
the Architect, and the Architect's employees and consultants.
ll(I
1.5.5 Other Reimbursable Expenses, if any, are as follows:
Survey: To be determined
oo, a
.
°o~~-'o~o°
Geotechnical: To be determined
Permitting: To be determined of++r ~~Am
Reproduction: To be determi
d AU DC1Ct1MENT 8141.1997
ne STANDARD FORM
AGREEMENT
The American Imlltute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 700064792
AG>/NDA ITED[ k9G
S)/PTEMBER 8, 2003
1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set
forth in this Agreement shall Mt adjusted in accordance with their normal salary review practices.
1.5.7 An initial payment of none Dollars
(s 0 )shall b< made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the Owner's account al final payment.
Subsequent payments for services shall be made monthly, and where applicable, shall be in
proportion to services performed on the basis set forth in this Agreement.
t.5.e Payments are due attd payable Chitty ( 30 )days from the dale
of the Architect's invoice. Amounts unpaid thirty ( 30 )days after the
invoice date shall bear iltlerest at the rate entered below, or in llte absence thereof at the legal rate
prevailing from lime to time al,the principal place of,business of the Architect.
(Inmrt rote of interest agreed upon,)
1 1/2% per month
(Usury lows anJ requirements under the Fedrral Truth in Lending Act, similar state and loaf consumer credit
laws and other regulations w the Ownr~s andArchitectt principal places of business, the location of the Project
and elsewhere may affect the wlidity of this provision. Specific legal advice should hr abwined with respect to
deletions or modifications, and also regarding requirements such as written ditdotures or wuiversJ
1.5.9 if the services covered by this Agreement have not been completed within
twenty-four ( 24) months of the date hereof, through no fault of the
Architect, extension of the Architect's services beyond that time shall be compensated as
provided in Paragraph t.5s.
This Agreement entered into as of the day and year first written above.
0 W N E R(Signaturc)
ARCHIT
Jim Hanson, City Manager Jose M. Perez, AIA, President
(Printed name and tide) (Printed name and tide)
CAUTION: You should sign un original A!A document or a licensed rcproduclion, Originals contain the A!A logo ``refer/~/
printed in red; licensed reproductions ore those produced in accordance with the fnstruniont to this document 1",I
_~M~{
=:,_..
0199) AIA®
AIA DOCUMENT el~l•1997
STANDARD FORM
AGREEMENT
the American Instl role
of AfehilKis
1735 New Vork Avenue, N.W.
Washington, D.C. 20006.5291
1 9 9 7 E D I T I O N
AIA DOCUMENT
Standard Form of Architect's Services:
TABLE OF ARTICLES
2.1 PROJECT ADMINISTRATION SERVICES
2.2 SUPPORTING SERVICES
2.3 EVALUATION AND PLANNING SERVICES
2.4 DESIGN SERVICES
2.5 CONSTRUCTION PROCUREMENT SERVICES
Capyrlght 1917, 1916, 1948, 1951, 1957, 1958, I%1, 1%l, 1966, 1%7, 19)Q 197, 1977, 1967, 01997 by Tha American
Instllule O( ArChilKts. ReplOduCtiOrl O( Ih! INIHNI herein a suh9lmlid gwtalion O( llf provisbnf withOUt wrinen
permission a) the AIA vidares the copyright laws of the Unfired Soles and will sobjecr the vblaor to legal prosecu•
twr,,
AGENDA ITEM #9G
SEI'TEMIIER 8, 2003
8141-1997
This document has impor-
tant legal consequences.
Consultation with an
attorney is encouraged
with respect to its
completion or modification,
=--.~,-
:~,_._
01991 AIA®
AlA DONMENT 8141.1997
$TANDARO FORM
SERVICES
The American Intlilure
O( ArchiIKN
1775 New Vork Avenue, N.W.
Wathinglon, D.C. IOOOG•5291
0
AGENDA ITEM #9G
SEPTEMBER 8, 2003
ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES
2.1.1 The Architect shall manage lhr Architect's services and administer the Project. The
Architect shall consult with the Owner, research applicable ,design criteria, attend Project
meetings, communicate with membersof the Project ream and issue progress reports. The
Architect shall coordinate the services provided by the Architect and the Architect's consultants
with those services provided by the Ownerand the Owner's consultants.
2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare,
and periodically update, a Project schedule that shall identify milestone dates For decisions
required of the Owner, design services furnished by the Architect, completion of documentation
provided by the Architect, commencement of construction and Substantial Completion of the
Work.
2.13 The Architect shall consider the value of alternative materials, building systems and
equipment, together with outer considerations based on program, budget and aestltetiu in
developing the design for the Project. '
2.1A Upon request oC the Owner, the Architect shall make a presentation to explain the design
of the Project to representatives ofthe Owner.
3.15 The Architect shall submit design documents to the Owner al intervals appropriate to the
design process (or purposes of evaluation and approval by the Owner. The Architect shall be
entitled to rely on approvals received from the Owner in the further development of the design.
2.1.6 The Architect shall assist the Owner N connexion with the Owner's responsibility (or
filing documents required for the approval of governmental authorities having jurisdiction over
the Projex.
2.1.7 EVALUATION OF BUDGET AHD COST OF THE WORK
2.1.7.1 Wlren the Projex requirements have been sufficiently identified, the Architex sha0
prepare a prel'uninary estimate of the Cost of the Work This estimate may be based on current
area, volume or similar conceptual estimating techniques. As the design process progresses
through the end of the preparation of the Constmxion Documents, the Architex shall update
and refine the preliminary estimate of the Cost of Ute Work The Architex shall advise tite Owner
of any adjustments to previous estimates of Use Cost of the Work indicated by changes in Projex
requirements or general market conditions: [f at any time the Archilex's estimate of the Cosl of
the Work exceeds the Owner's budget, the Archilex shall make appropriate recommendations to
the Owner to adjust the Projex's size, quality or budget, and the Owner shall cooperate with the
Architex in'making such adjustments.
2.1.7.2 Evaluations of the Owner's budget for the Projex, the preliminary estimate of the Cost of
the Work and updated estimates of the Cosl of the Work prepared by Use Architect represent the
Ilj Architect's judgment as a design professional familiar with the construction industry. Il is
~ recognized, however, that neither the Archilex nor the Owner hu control over the cost of labor,
o materials or equipment, over the Contractor's methods of determining bid prices, or over
oo.~•oo competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and
~ does not warrant or represent titat bids or negotiated prices will not vary Gom the Owner's
O 19 9 / A I A ® budget for the Project or from any estimate of tise Cost of the Work or evaluation prepared or
AIA DOCUMENT al~l•7997 agreed to by the Mchitecl.
STANDARD FORM
SERVICES
The American Institute
of ArcMtects
1735 New York Avenue, N.W.
Washington, D.C. 20006.529] R~
AGENDA ITEM #9G
SEPTEMBER 8, 2003 I
r--
I
2.t.7.] In preparing estimates of the Cost of the Work, the Architect shall be permitted to include
contingencies (or design, bidding and price escalation; to determine what materials, equipment,
component systems and types of construction are to be included in the Contract Docuntenls; to
make reasonable adjustments in the scope of the Project and to include in the Contract
Documents alternate bids as maybe necessary to adjust the estimated Cosl of the Work to meet
the Owner's budget for the Cosl of the Work. If an increase in the Contract Sum occurring alter
execution of the Contract between the Owner and the Contractor causes the budges for the Cost
of the Work to be exceeded, that budget shall be increased accordingly.
2.1.24 (f bidding or negotiation has not commenced within 9o days after the Mchitect submits
the Construction Documents ro the Owner, the budget [or the Cost of the Work shall be
adjusted to reflect changes in the general level oC prices in the construction industry.
2.1.7.5 [F thebudget for the Cost of the Work is exceeded by the lowest bona fide bid or
negotiated proposal, the Owner shall:
.I give written approval of an increase in the budget (or the Cost of the Work;
~ authorize rebidding or renegotiating of the Project within a reasonable lime;
a terminate in accondance with Subparagraph t.].g.5; or
.+ cooperate in revising the Project scope and quality as required to reduce the Cost of the
Work.
2.t.7.6 If the Owner chooses to proceed under Clause z.t.7.5.a, the Architect, without additional
compensation, shall modify the documents for which the Architect is responsible under this
Agreement as necessary to comply with the budget for the Cost of the Work. The modification oC
such documents shall be the limit of the Architect's responsibility under this Paragraph st.7. The
Architect shall be entitled to compensation in accordance with this Agreement Cor all services
performed whether or not construction is commenced.
ARTICLE 2.25UPPORTING SERVICES
2.2.1 Unless specifically designated in Paragraph z.&},lhe services in this Article z.z sha0 be
provided by the Owner or the Owner's consultants and contractors.
22.7.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule,
constraints and criteria, including.spaa requirements and relationships, special equipment,
systems and site requirements.
22.12 The Owner shall (umish surveys to describe physical charaeterisUcs, legal limitations and
utility locations for the site of the Project, and a written legal description of the site. The survrys
and legal information shall include, as applicable, grades and lines of streets, alleys, pavements
and adjoining property and structures; adjacent drainage; rights•ofway, restrictions, easements,
encroachments, zoning, decd restrictions, boundaries and contours of the site; locations, dimen-
sions and neceuary data with respect to existing buildings, other improvements and frees; and
information concerning available utility services and lines, both public and private, above and
below grade, including inverts and depths. All the information on the survey shall be referenced
to a Project Benchmark.
2.2.13 The Owner shall Curnish services of geoleehnical engineers which may include but are not
limited to test borings, test pits, determinations of soil bearing values, percolation tests, evalua•
lions of hazardous materials, ground corrosion tests and resistivity tests, including necessary
operations for anticipating subsoil conditions, wish reports and appropriate recommendations.
o. Ills o
00~~0
0199] AIA®
AU DOCUMENT al1l•1997
$TANOARD fORM
SERVICES
The American Institute
aU,rchitects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
AGENDA ITEM #9C
' SEPTEMBER 8, 2003
I
i
ARTICLE 2.3 EVALUATION AND PLANNING SERVICES
2.3.1 The Arcltitecl shall provide a preliminary evaluation of the information furnished by the
Owner under ibis Agreement, including the Owner's program and schedule requirements and
budget for the Cost of the Work, each in terms of the other. The Architect shall review such
information to ascertain that it is consistent with the requirements of the Project and shall
notify the Owner of any other information or consultant services that may be reasonably needed
for the Project.
23.2 The Architect shall provide a preliminary evaluation of the Owner's site Cor the Project
based on the information provided by lhe,Owner o(site conditions, and the Owner's program,
schedule and budget for the Cost of the Work.
233 The Architect shall review the Owner's proposed method of contracting for construction
services and shall notify the Owner of anticipated impacts that such method may have on the
Owner's program, financial and time requirements, and the scope of the Project.
ARTICLE 2.4 DESIGN SERVICES
2.4.1 The Architect's design services shall include normal structural, mechanical and electrical
engineering services.
2.4.2 SCHEMATIC DESIGN DOCUMENTS
2.4.2.1 Tile Architect shall provide Schematic Design Documents based on the mutually agreed-
upon program, schedule, and budget for the Cost of the Work. The documents shall establish the
conceptual design of the Project illustrating the scale and relationship of the Project components.
The Schematic Design Documents shall include a conceptual site plan, if appropriate, and
preliminary building plans, sections and elevations. At the Architect's option, the Schematic
Design Documents may include study models, perspective sketches, electronic modeling or com-
binations of these media. Preliminary selections of major building rystems and construction
materials shall be noted on the drawings or described in writing.
2.43 DESIGN DEVELOPMENT DOCUMENTS
2.43.1 The Architect shall provide Design Development Documents based on the approved
Schematic Design Documents and updated budget for the Cost of llle Work The Design
Development Documents shall illustrate and describe the refinement of the design of the Project,
establishing the scope, relationships, fortns,siu and appearance of the Projed by means of plans,
sections and elevations, typical construction details, and equipment layouts. The Design
Development Documents shall include specifications that identify major materials and rystems
and establish in general their quality I~wels.
2.4.4 CONSTRUCTION DOCUMENTS
2.4.4.1 The. Architect shall provide Construction Documents based on the approved Design
Development Documents and updated budget for the Cost of the Work The Construction
III Documents shall set forth in detail the requirements for construction of the Projed. The
Construction Documents shall include Drawings and Specifications that establish in detail the
o. quality levels of materials and systems required for the Project.
~ 2.4.42 During the development of the Construction Documents, the Architect shall assist the
AIA DOCUMENT 0141 1997 Owner in the development and preparation oL• (1) bidding and procurement information which
STANDARD FOftM describes the time, place and conditions of bidding; bidding or proposal forms; and the form of
sEftvlCES agreement between the Owner and the Contractor; and (z) the Conditions of the Contract Cor
The American Institute Construction (General, Supplementary and other Conditions). The Architect also shall compile
of Aanirecu the Project Manual that includes the Conditions of the Contract (or Construction and
tT35 New vork Avenue, N.w. Specifications and may include bidding requirements and sample forms.
Washington, D.C. 20006579] a~
AGENDA ITEM #9C
SEPTEMIIER 8, 2003
ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES
x.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated
proposals and shall assist the Owner in awarding and preparing contracts (or construction.
2.S.x The Architect shall assist the Owner in establishing a list of prospective bidders or con-
tractors.
2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and detertni-
nalion oCthe succeuful bid or proposal, iC any. If requested by the Owner, the Architect shall noli-
Cyall prospective bidders or contractors of the bid or proposal results.
x.5.4 COMPETITIVE BIDDING
2.5.4.1 bidding Documents shall consist of bidding requirements, proposed contract forms,
General Conditions and Supplementary Conditions, Specifications and Drawings.
25.4.2 if requested by the Owner, the Architect shall arrange for procuring the reproduction of
Bidding Documents for distribution to prospective bidders. The Owner shah pay directly for the
cost of reproduction or shall reimburse the Architect for such expenses.
2.5.4.3 If requested by the Owner, the Architect shall distribute the bidding Documents to
prospective bidders and request their return upon completion of the bidding process. The
Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any,
received From and resumed to prospective bidders.
2.5.4.4 The Architect shah consider requests for substitutions, if permitted by the bidding
Documents, and sha0 prepare and distribute addenda identifying approved substitutions to all
prospective bidders.
2.5.45 The Architect shai participate,iD or, at the Owner's direction, shall organic and conduct
a pre-bid conference for prospective bidders.
2.5.4.6 The Architect shah prepaze responses to questions Crom prospective bidders and provide
clarifications and interpretations of the Bidding Documents to all prospective bidders in the form
of addenda.
26.4.7 The Architect shah participate in or, at the Owner's direction, shall Organic and conduct
the opening of the bids. The Architect shah subsequently document and distribute the bidding
results, as directed by the Owner
2.5.5 NEGOTIATED PROPOSALS
2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms,
General Conditions~and Supplementary Conditions, Specifications and Drawings.
2.sS.x [C requested by the Owner, the Architect shall artange for procuring the repraluction oC llll
Proposal Documents (or distribution to prospective contractors. The Owner shall pay directly (or eo, o
the cost of reproduction or shall reimburse the Architect for such expenses. °a'c~"~'o°
x.5.53 If requested by the Owner
the Architect shall or
anize and
artici
ate in selection inter- ° I's r "' A
,
g
p
p
VIeWS Wllh pCOSpeCLIVC CODLraCYOrS. AU DOCUMENT aI41•I997
STANDARD iORM
SERVICES
2.55.4 The Architect shall consider requests (or substitutions, i( permitted by the Proposal
Documents, and shall prepare and distribute addenda identifying approved substitutions to all the American msliwie
Ol MChi1KI5
pfOSpeellVe COnlraelOES. 1775 N<w York Avenue, N.W.
w~ Washington, D.C. x0006•Sx9x
AGENDA ITEM #9G
SEPTEMBER 8, 2003
ARTICLE 2.G MODIFICATIONS: Modifications to this Standard Form of Architect's Services: Design and
Contract Administration, ifany, arc as follows:
.SUSPENSION, CANCELLATION OR ABANDONMENT
In the event the project or the services of PQH called under this Agreement are suspended,
canceled or abandoned by the City, PQH shall be given five (5) days prior written notice ofsuch
action and shall be compensated for the, professional services provided up to the date of
suspension, cancellation or abandonment.
REPRODUCTIONS
The Architect shall provide five (5) sets of documents to the Owner at no charge at
the following three (3) stages of the Architect's services:
Schematic Documents
Design Development Documents (50°/a Pinal Design)
Construction Documents (L00°/a Pinal Design)
By its execution, this Standard Forth of Architect's Services: Design and modifications hereto are incorporated into
the Standard Forth of Agreement Between the Owner and Architect, Modified A[A Document B14I-1997, that was
entered into by the parties as of the daft.
OWNER (Signature)
ARCHITE
::.~~~~
.~:~
~~
Jim Hanson, City Manager Jose M. Perez, AIA, President
(Primed name and lido) (PrinseJ mm~e uml lido)
01991 ~IwO
AIA DOCUMENT 6N7.1997
STANDARD FORM
SERVICES
GW pox: You should sign un aiginul A(A Jo[urn[nl or a IicenuJ rePmJuniml. Originub [onmin the AlA logo The American Inslitule
prinl[J in rtA; linnsrd repnsrlu[lions are (hose proJureJ in a[rnrJwxe wills the Lntrurlirnls 1° This Jsxuns[„l, of Archilecss
1735 New York Avenue, N.W.
Washington, O.C. 7000a•5797
__ ~___