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Ordinance No. 8,374980827 -2 ORDINANCE.NO. 8374 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH RANDALL - PORTERFIELD ARCHITECTS, INC., FOR ARCHITECTURAL SERVICES FOR THE DEVELOPMENT OF THE SAN JACINTO INTERPRETIVE MARSH CREATION PROJECT AT THE BAYTOWN NATURE CENTER; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, A SUM NOT TO EXCEED NINETEEN THOUSAND FIVE HUNDRED TWENTY -SEVEN AND NO /100 DOLLARS ($19,527.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor to execute and the City Clerk to attest to a professional services agreement with Randall - Porterfield Architects, Inc., for architectural services for the development of the San Jacinto Interpretive Marsh Creation Project at the Baytown Nature Center. A copy of said Agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council hereby authorizes payment to Randall - Porterfield Architects, Inc., of a sum not to exceed NINETEEN THOUSAND FIVE HUNDRED TWENTY -SEVEN AND NO 1100 DOLLARS ($19,527.00) for architectural services for the development of the San Jacinto Interpretive Marsh Creation Project at the Baytown Nature Center. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 27th day of August, 1998. /�l C PETE C. ALFARO, Mayor ATTEST: e�� VO EILEEN P. HALL, City Clerk APPROVED AS TO FORM: 2 .� &GKACTO . OFAttomey Ulh 104 \Council\ Ordinances\ RandallPorterfiel dSanJacintolnterpretiveMarshCreationProject .Ordinance Standard Form of Agreement Between Owner and Architect ® with Standard Form of Architect's Services AiA Document 13141 - 1997 1997 Edition - Electronic Format Tiuis document has important legal consequences Corauhation with an attorney is encouraged with respect to its coMictioa or modification. AUTHENTICATION OF THIS ELECIROI 1ICALLY DRAFTED ALk DOCUMENT MAY HE MADE BY USING AIA DOCUMENT D401. Copyright 1917, 1926, 1948. 1931, 1953. 1958, 1961, 1963, 1966, 1967, 1970, 1974, 19T7, 1987, 01997 by The Artm ican Institute of Architects. Reproduction of the material herein or substantial quotation of its provis o a without written permission of the AIA violates the copyright laws of the United Stators and will subject the violator to legal proscctnion- TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT made as of the Twenty.-Seventh day of Au st in the year Ninety -Eight (In words, indicate day. month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) City of Ba nown P.O. Box 424 Baytown, Texas 77522 and the Architect: (Name, address and other information) Randall - Porterfield Architects Inc. 1006 South Shore Drive Clear Lake Shores, Texas 77565 For the following Project: (Include detailed description of Project) Coastal Manor cmcnt Pro m San Jacinto Point Marsh, Baytown Nature Center - More particularly described in Exhibit A which is attached hereto and incorporated herein for all intents and purWses. The Owner and Architect agree as follows. ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following infonnation and assumptions. • ®IA DOCUMENT B141- STANDARD FORNr AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE A.�rERic L,4 rNSTir= OF ARCHITECTS, 35 NEW YORK AVENUE N.W., WASHINGTON. D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. oovyTio laws and will subject the violator legal prosecution. This document was electronically produced with pennission of the AIA and can be reproduced without Niotation until the date of expiration as noted below. Electronic Format B141 -1997 User Document: BAYTOWN.DOC — 8/25/1998. AIA License Number 109683, which expires on 7/31/1999 — Page 41 0 "AIR JA Note the disposition for the following item's by inserting, the requested information or a statement such as "trot applicable.' 'unknown at time of execution" or -to be determined later by munml agreement. Not Applicable ®1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: (Identify or describe, ifoppropriate, proposed use or goals) Public Park - Waterfront Access 1.1.2.2 The physical parameters are: (Identify or describe, ifoppropriole, size, location, dimensions, or other pertinent informatom such as geotechnical reports about the site.) San Jacinto Point Penninsula within the Baytown Nature Center Park - Awroxamately 5.0 acres 1.1.2.3 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed.) To comply with CMP Grant Sca - Reference Exhibit A 1.1.2.4 The legal parameters are: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site:) Not applicable 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: One Hundred Seventy -Four Thousand Seven Hundred Thirty-Five Dollars .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: One Hundred Fifty -Six Thousand Two Hundred Eight Dollars. 1.1.2.6 The time parameters are: (Identify, if appropriate. milestone dates. durations or fast track scheduling.) Twelve (12) Calendar Months 1. COE permit - 90 days by 12/15/98 2. Bidding Documents - 60 days by 2/15199 3. Construction - 150 days by 7/15/99 4. Project Close -Out - 30 days by 8/15/99 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) Competitive bid in compliance with Chapter 252 of the Texas Local Government Code. 1.1.2.8 Other parameters are: ( Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) Environmental Requirements - Marsh Creation - 1,500 plants over 1.0 acres with 720 Ift off short- surge breaker to protect the marsh. 1.1.3 PROJECT TEAM 1.1.3.1 The Owner's Designated Representative is: (List name. address and other information.) David Ondrias, P.O. Box 424, Bavtown, Texas_ 77522 1.1.3.2 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 name, address and other information.) The City Engineer, Assistant Citv Manager City Manager. City Council, P.O. Box 424, Baytoum, Texas 77522 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and. iflnown, identify them by name and address) Survev Work - Busch Hutchison & Associates Inc. �lA DOCUhIEYr B141- STANDARD FORA AGREEMENT - 1997 EDMON - AIA - COPYRIGHT 1997 - THE AMERICAN rNSTr UtE OF ARCHrTECTS, 735 NEW YORK AVENUE N.W., WASHINGTON. D.C. 20006 -5292. WARNNG: Unlicensed photocopyingNiolates U.S. oopmght laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation tarn the date of expim6cn as noted below. Electronic Format B141 -1997 User Document: BAYTOWN.DOC — 8/25/1998. AIA License Number 109683, which expires on 7/31/1999 -- Page #2 1.1.3.4 The Architect's Designated Representative is: (List name, address and other information) Robert A. Randall ® 1.1.3.5 The consultants retained at the Architect's expense are: (Lis( discipline and. if knoµ7r. identify them by name and address.) None 1.1.4 Other important initial information is: Compliance with the U.S. Army Corps of Engineers and the Texas Coastal Management Program 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be �he edition Elf AIA Deeefflent A-201 euffent as ef the date of this A eernent, of as fellews: ASCE Standard Form of Agreement and General Conditions as both modified by the City of Bavtown or such other form as the City may herinafter deem advisable and in its best interest, which contract shall not materially vary from that identified above, as determined in the sole reasonable discretion of the City Manager or the Owner. 1.1.6 The information contained in this Article 1.1 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 1.3.3. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. However. failure to do so shall not be considered a material breach of this Agreement. 1.2.2 OWNER 1.2.2.1 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 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The O-Agier- shail fie! sipimfieantmly iner-ease OF decrease the over-all budget; the peFtiefi af�he budget alleeated f& the Cast 1.2.2.3 The Owner's Designated Representative identified in Paragraph 1. 1.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions ifl- a -6FRel e pertaining to documents submitted by the Architect ift erler-te as- eidwithout unreasonable delay4t4he orderly -a - sequential- 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are- reasey required by the scope of the Project. as determined by the Owner's Representative. 1.2.2.5 , the Owner shall furnish tests, inspections and reports required by law or the Contract Documents,as may be necessary for the Proiect as determined by the Owner's Representative such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials - 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. 1.2.2.7 The Ohvncr shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in 0A DOCUMENT 3141 - STANDARD FORM AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AVERICAN INSTMYTT OF ARCHITECTS, 735 NEW YORK AVENUE NM, WASHINGTON, D.C. 20006.5292. WA UN'II tG: Unticenud photocopying violates U.S. cop}T Sjn laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date or expiration as noted below. Electronic Format B141 -1997 User Document: BAYTOWN.DOC -- 8/25/199$. AIA License Number 109683, which expires on 7/31/1999 — Page ##3 the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. 1.2.3 ARCHITECT 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. Protect Design and Administration and computer draftin . 1.2.3.2 The Architect agrees that time is of the essence for the Project and the services to be performed hereunder. As such The Architect's services shall be performed as e�Tedi6easl) s-is,it with professional shill and care afld- th deFl•' � g of ih � Within the time limits established in Subparagraph 1.1.2.6. The Architect shall submit for the - "aT 0-,,mer's approval a schedule for the performance of the Architect's services which may shall-be consistent with the time periods established in Subparagraph 1.1.2,6 and which shall-may _be adjustedbv the Owner _ if necessary, as the Project proceeds. This schedule as established s4a,4- includes allowances for periods of time 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. The Time limits established herein by t#is­sehedele appfeve by th 9"mer shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.2.3.3 The Architect's Designated Representative identified in Paragraph 1:1.3 shall be authorized to act on the Architect's behalf with respect to the Project. 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the Iaw, ereate- 64e- Fis -k-ef t #aFt-�e- the -pubW or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding against the Owner only. The Architect shall require of each of the Architect's agents and consultants sirrilas r the same level of agreements to maintain the confidentiality of information specifically designated as confidential by the Owner as specified in this Subparagraph. 1.2.3.5 Except with the Owner's knowledge and ergress written consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would compromise or reasonably appear to compromise, as determined bv_ the Owner, the Architect's professional judgment with respect to this Project. 1.2.3.6 The Architect shall m- .iewensure that his services as well as those the Architect requires of others in furtherance of the Proiect comply with all applicable_ laws, codes, and regulations app4eab4e- to -t#te Arehite _= . The Architect shall fespend-iR44e des bn-e€- the PFpje 49yromptly comply_ with all_ requirements imposed by governmental authorities having jurisdiction over the Project and in any event the Architect's compliance shall be complete within the time period specified by the authority having jurisdiction over the proiect or by the Owner, whichever is less. 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of-;eP-4� information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information, The Owner agrees to provide survey, archeological reports and geo- technical investigation if required. 1.2.3.8_ The Architect shall recommend the best alternatives based on a review of current site and buildingapportunide-s and constraints. _ The best alternative shall recoeniz e budgetary constraints of the proiect. - The Architect shall 12repar e a report speciAin the Architect's findings, conclusions and recommendations with regard to the Project within the time frame established in the Architect's schedule of services established herein. 1.2.3.9 _ The Architect shall pre pare the final Construction Documents which shall include but not be limited to the bid documents, contract drawings and specifications. The Architect shall assemble the Contract Documents using; the Owner's pre - approved form contract for the contract between the Owner and Contractor. _ The Contract Documents shall include the designs and specifications and other changes as required to fulfill the purposes of the Project. 1.2.3.10 The Architect shall be responsible for and submitting all necessary information and documentation as may be nuested or required by yovernmental authorities having jurisdiction over the Protect. 1.2.3.11 The Architect, following the Owner's written approval of the Construction Documents and of the latest preliminary estimate of Construction Cost shall obtain compcdtive bids and shall p=are contracts for construction. 1.2.3.12_ The Architect shall rp oxide administration of the Contract for Construction as set forth below and pursuant to the Construction Documents as defined in the Owner's Standard General Conditions of Agreement. 10IA DOCUMENT B141-STANDARD FORM AGREEMENT ME ITUT T - 1997 EDITION - AIA - COPYRIGHT 1997 . THE ARICAN rNSTE OF ARCHITECTS. 735 NEW YORK AVENUE. N.W., WASHIN- GTON, D.C. 20006 -5292. wARNTNG: Unliccnscd photocopying violates U.S. copyright laws and will subject the violator Icgat prosecution. This document was cicctronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B 141 -1997 User Document: BAYTOWN.DOC — 8/25/1998. AIA License Number 109683, which expires on 7/31/1999 -- Page #4 1:2.3.13: The Architect shall Nisit the site at intervals appropriate-to the stake of construction or as otherwise agreed bv,the Owner and Architect in writing to become familiar with the progress and quality of the Work completed and to determine if the Work is being performed in a manner indicating that the Work when completed will be in acordance with the Contract Doctunents. The Architect shall make regular and timely visits to the site for inspections. Additional visits shall be made by ® the Architect to verify each o by the Contractor.- On the basis of on -site observations the Architect shall keep the Owner informed of the process and qualitv of the Work and shall endeavor to guard against defects and deficiencies in the 1.2.3.14 The Architect warants the design preparation of drawings, the designation of selection of materials and equipment, the selection and suMnision of the Architect's personnel as well as the Architect's consultant's peersonnel, and the performance of other services pursuant to this Agreement to meet the recognized industry standards. 1.2.3.15 The Architect shall procure and maintain at his sole cost and expense for the duration of the contract insurance against claims for iniuries to person or damages to property which may arise from or in connection with the performance of the work hereunder by the Architect- his agents representatives , volunteers, employees or subcontractors. 1.2.3.15.1 The Architect's insurance coverage shall be primary insurance with respect to the Owner, its officials, employees and agents Arry insurance or self - insurance maintained by the Owner, its officials- employees or agents shall be considered in excess of the Architect's insurance and shall not contribute to it. Further, the Architect shall include all subcontracctors. agents and assigns as additional insureds under its policies or shall fw_-nish separate certificates and endorsements for each such person or entity. All coverages for subcontractors and assigns shall be subject to all of the insurance requirements stated_ herein. 12.3.15.2 The following is a fist of standard insurance volicies along with their respective minimum coverage amounts required in this Agreement A. Commercial General Liability: General Aggregate- $1.000.000 Per Occurrence: $500,000 Coverage shall be at least as broad as ISO CG 00 01 10 93 No coverage shall be deleted from standard policy without notification of individual exclusions bein_g attached for review and ac lance. B. Business Automobile Policy: Combined Single Limits: $500,000 Bi per person $100,000 Bf per Accident S300,000 PD r accident $100.000 Coverage for "Anv Auto" C. Errors and Omissions: Limit: 5500,000 for this project For all architects engineers and/or desirn companies Claims -made form is acceptable Coverage will be in force for three (3) years after construction of the Project is completed. D Workers' Compensation Statuton• Limits Emplover's Liabilitv $500,000 Waiver of Subrogation required 1.2.3.15.3 The folloning shall be applicable to all policies of insurance required herein: A Insurance carrier must have an AM, Best Rating of A: VIII or better B Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. C Liability policies must be on occurrence form. Errors and Omissions can be on claims -made form. D Each insurance policy shall be endorsed to state that coverage shall not be suspended_ voided, canceled or reduced in coverage or in limits except after sixty (60 ) days' prior written notice by certified mail, return receipt requested, has been given to the Owner, E The Owner, its officcrs, agents and employees are to be added as Additional Insureds to all liability policies, with the exception of the Errors and Omissions Polio required herein. _ F. Upon request and without cost to the Owner, certified copies of all insurance p9licies and/or certificates of insurance shall be furnished to the Owner. WDOCUMENT B141- STANDARD FORM AGREE;4IENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTT TLTE OF ARCHITECTS, S NEW YORK AVENUE N.W.. WASHINGTON. D.C. 20006 -5292, WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator Iel;] prosecution. This document was electronicalk. produced with permission of the MA and can be reproduced without ,,iolation until the date of w<piration as noted Wow. Electronic Format B141 -1997 User Document: BAYTOWN DOC -- 8/25/1995. AIA License Number 109633, which expires on 7/31/1999 — Page #5 G Upon request and without cost to the Owner, loss runs (claims listing) of any and/or all insurance coverages shall be furnished to the Owner. H. All insurance required herein shall be secured and maintained in a company or companies satisfactory to the ® t %yner, and shall be carried in the name of the Architect. The Architect shall pr(nide copies of insurance policies required hereunder to the Owner on or before the effective date of this Agreement. 1,2-3.16 The Construction Cost as required to be calculated by the Architect shall include the costs using the prevailing wage rates as established by the Owner and the current market rates of materials and equipment to be furnished, plus _a reasonable allowance for Contractor's overhead and rp ofit. _ In addition, a reasonable allowance for con6n -,encies shall be included for market conditions at the time of bidding and for changes in the Work during construction. ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 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 est+matedactual cost of the Work to the Architect together with Architect's compensation to the date of_terminatjon. P+ejeetAesig: 1.3.1.2 The Cost of the Work shall include the actual cost at current market rates within the City of Baytown of habefpersonal costs and materials furnished by the Qw-nelArchitect afrd egaipFAent-desiped, Speeified7 `el ^' 4&r toe n rehit« includin -E#e fasts -ef �=e,m -e+ supersisio - efze.ei -of installa6er1- pfes4ded -by -a - separate stn - manager -or E()ntr-aL=E -plus -a - Feaseft2131e -&4ew-eRc-e -feu �hei everhead -and -pnA€ 4r1 ^ddifion, -a reasenable- feF C) C eMnges in the A18Fk, 1.3.1.3 The Cost of the Work does not include the ^ .^hiteet and 'h^ ' i0ite is consultants, the costs of the Iand, rights-of-way and financing or other costs that are the responsibility of the Owner. 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are the Architect's or the Architect's consultant's Instruments of Service but are subject to the terms and conditions specified herinbelow for use or reuse by the Owner. r _ use elely ;'ti speL. io ONs Pfejeee The n- eh:e^et and t . n . 's consultants- A+&A -be deemed41 e auther3- andowne -of-64& re-specliN- In of Se e-a- td- shall - ran -al-1- t . t r and etheF �� -..a .,^her inelu&ig c-epyFiOts- 1.3.2.2 i44)ertFrorn and after the execution of this Agreement, the Architect grants to the Owner an ownership interest in the -a- re lieeRs e-te- repredu -the Architect's Instruments of Service corresponding to the Proieci_selel}=-fer purpose s -e�- -- t ed t fae in_ � -an to niRg z :�_ , a using � ^ of all sure whefl r --A; The Architect hereby covenants and agrees not to hinder or dimish the C-w-ner s ownership interest in the Instruments of Service herein conveyed. The Architect shall ensure that the Chvner obtains si>fialar - neneNlds+ve 4k- ensesthe same ownershi interest of the Architect's consultant's Instruments of Service _ €rern Af0i,iteet'5 eens kaRts- consistent nith t#rs "eementihe terms hereof and shall ensure that such ownership interest is in no way hindered or diminished by the Architect's consultants. AnyWithin ten days of any termination of this Agreement prior to completion of the Project or within ten days of the receipt of payment in accordance with the tern is hereof from the Owner for the services rendered, whichever is later, the Architect shall tender all Instruments of Service, including, but not limited to, all drawings, specifications and other documents including those in electronic form prepared by the Architect and the Architect's Consultants, to the Owner. ate 4hi5 - license. -Uf)&a step ief�mii`lat+en; 4-4e der -541a fl refrain €re fnakin hem FeffedUC-68A s-4 tnstndmen! -ef -Senie -aftd shall fePdm- te44e -A-rehiteet vAth+e seven-daN3 of natien -aU owls -end- , t-he- feregein - liEensz sl+a1+ 13e deemed ternuT,aie fed- replace l a see-end, eve license permiftin -the -te- atfthofiz ethef similad) -efeden,6" -design pfefessional -to - repredu a -a*d -Aere peFR+iHe -by -law -le ma4ie eheRge� b+ a - 1.3.2.3 Except v th licenses ^famed b right shall to deerned b"' nt d -vi -r p l. eu �UA DOCU- MENT 8141 - STANDARD FORM AGREEMEN t- - 1997 EDMON - AIA - COPYRIGHT 1997 - 711£ .kMERICAN rNSMUTE OF .1RCHFFECrS. 1735 NEW YORK AVENUE N.w., WASHrNGTON. D.C. 20006 -5292. WARNING: Unlicensed photocopying %iolates U.S. cop�r ht laws and will subject the violator legal prosecution. This documcnt was clnbvnicaih- produced with permission of the AIA and can be reproduced without %io46on until the date of expiration as noted below. Electronic Format B141 -1997 User Document: BAYTOWN.DOC — 3/25/1999. AIA License Number 149633, which expires on 7/31/1999 — Page 46 AgTeefnefit. The QAiief sWl nat assign, delegate, te-f�-paft - Anitheu 44*eTfief- vh�:it4eeagreemen of th n "�ehi;ec-!.4-leweyef, the Owner shall-beis expressly -to authoriz,d -the ''�of -mod fftate"-of -suppliefs to reproduce applicable ® portions of the Instruments of Service appropriate to and for use in theif execution of the Work or any modifications thereto h� } -i-n Subparagmp Submissia -of distribetie �€ Tt ameot -e€ 4e -fneet effleial b t feffents�r -fef of eR� etie - i�3 -th@ PTe3eet4s- ike44e -3e ^ stFu as piabijeatie u -ia der-egatien e€. the - mesefr+ed- f } ghts-ef4he AFEhite - afA -64e "eE4' scensultafits. -The Owner is also exvmssh, authorized to sha14 -fre4-use the Instruments of Service for future additions or alterations to this Project or for other projects, tea -eg ent-e€ -the -the ^� fehkeet';ceF6ultaats. Any ufiautheii2 such use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and/or the Architect's conszuitants. 1.3.2.4 the - R -sa mele eftis i ef mte �#e is of -$e ce; e 8wme r -and the " #1 by- .1 e- wpafa4e - Arimen ag-Fee*en -sel4ef h-tl+e i Ile cenditie - geveni:ing-t - feFinat of such T �Y.,.. ents of SeFyic-e OF e �c-aeftic including iiet a 1.3.3 CHANGE IN SERVICES 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circurnstances. beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2.4fl- O give prompt wnt4en notice to 6�e ikiehitect; aM4he Afeititec- t- shafl-heve- fl;e ebliga6e -te pfewde he vpiees 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 1.5.2, and to any Reimbursable Expenses described in Subparagraph 1.3.9.2 -and plf- 1 -5-} -- -unless otherwise agreed to the contrary. 1.3.3.2 If any of the following circzunstances materially affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and/or compensation. .1 change in the instructions or approvals given by the Owner that necessitate comprehensive_ revisions in Instruments of Service; as proven to the Owner's satisfaction by the Architect; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; .3 decisions of the Owner not rendered -ifl -a timely r,lyithin the applicable time period specified in this Agreement; .4 significant change in the Project including, but not limited to, size, qua4f, complex:ity, the Owner's schedule or budget, or procurement method should such change necessitate comprehensive revisions in the Instruments of Service; .5 failure of performance on the part of the Owner or the Owner's consultants or contractors; should such failure necessitate; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a IegaI proceeding except where the Architect is party thereto; or .7 material change in the information contained in Article 1.1 necessitadn(" comprehensive revisions in the Instruments of Service. 1.3.4 MEDIATION WA DOCUMENT 13141 - STANDARD FORM AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE A.NfMCAN INSTrr TFE OF ARCHriECCS, 1733 NEW YORK AVENUE N.W., WASHr\GTON, D.C. 20006 -3292. WARNING: tinlio=red photocopying violates U.S. cW%rigH laws and will subject the violator legal prosecvtiorL This document was electronically produced with permission of the AIA and can be reproduced without %iolidon until the date of expiration as noted below. Electronic Format B141 -1997 User Document: BAYTOWN.DOC - 8/25/1998. A.IA License Number 109683, which expires on 7/31/1999 -- Page 47 1.3.4.1 A4iy claim, dispute or other a legal n,; a-r- )fjdj6en precedent to orbitfatien of the instimtien of a b 1.3.4.2 The der -arid Arehke x4 ideaN,e -to reselre ejai-rns,- dates -,ate e .nat4e -ii gaestien bet%veefl- Ehem -by- b Ru4es of the Amefiean AFN4:a�ien 46seciation eur-Fently in effieci. Request fiff fflediatieii shall be filed in vitFking -Azil�h the ether pan) t o Agreement filing - of -a defnafid 4ef aFbifaiien fit; -i-n 3ae11 event, mediatiea shall pfeeeed 4n awe -af afbiu:ation -or 40 -eT equitable proceedit4gs, shaal I hbea-sta-AA pending mediation for a peried of 60 A- ys ffem the date effiling; ei-Jess stayed far- a longe period by agreement of the parties or court order. 1.3.4.3 T:he paflies she!! s4ar-e ,he ed: ter's r and any filing fees equally. The ....,d:..gen sha4l be held in the place 1.3.5 ARBITRATION 1.3.5.1 A+ty claim, dispute -er ethe fnat* -i-n question ,afisiFi -eti4 -a€-er felated -te 4his -"-a shall-be sub} 4e- a . 1.3.5.2 Claims, disputes and ether matter-s in ques�cien bepween the paFties that afe no! Feselved b� Enediatien shall be deei by -ai bitFatien wh4eh, unless -the - paFlies - ll)y -ad ee eihefviise, shall -be -in tie -with -the rL=defien lfidustf�,' Ar-bitratie rt Re les - e€-the Ame; atien Association current!) -ifl effect. -The dew -far afbiti-at:ie s W I -be file -iR- a 1.3.5.3 A dew -fer a-rbitfati-en- shall -be made- ar-easenabl ethef fnatEer -in quest=ion has ar-isen. in ne evem shall Oe demand for-ar-bitfatieft be made aflef; t:he date wheii iF6t4,d6ea of iega4 ov eqaitabie pf:&Geedings • 1.3.5.4 TNe atiert arisiR get- ef- errelat-ing4e -this Agfeeffie*n skaA ilielude,•-b eerselidagen-of of -er-in -any ether te 44+is -A .. o +t -ate -steed -b} she 0"e -a-nd -ate per person $r e -sit 4e -be joined. Consent 40- erbi6ratien invekin -an w per-se n -er-ei 4ty- shi- 41 -net eens4situte c-onsen 4e erbit ef M� clairn, disputer ether a b agfeemenis to a. rate with efi additional persen eF en6ty duly eeflSe-nted to by paf4ies to this- AgFeeffient a . 1.3.5.5 Th-e aA-afd rendered b) the afbiifater of aFb;6-ateFs shall be fin.-J, and judgment may be entered upen it in oeeefda:flee rAith plieable law in any eui4 hating- : ,irate:.,.. theF ..vz r e r 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner %Naive 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 n'ith Paragraph 1.3.8. 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the A:Fe #Owner, unless edhef-Acise Presided in Paragraph 1. 1.2. 1.3.7.2 Terns -i-rt -this - Agreement -5M4 -hare - the same -reni ng -as the -in - the edi6OH -ef - A PeeuHient - A291, - G•eneFal- b 4 1 DOCUMENT 13141 - STANDARD FORM AGREEMENT - 1997 EDITION - AIA . COPYRIGHT 1997 - THE A.%fMC.-4N' rNSTrR JTE OF ARCHrrECTS, P733 NEW YORK AVENLFE N.W., WASHINGTON. D.C. 20006 -5292. WAR -NfNG: Unlicensed photocopying violates U.S. cM-rigH laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141 -1997 User Document: BAYTOWN.DOC -- 8/25/1998. AIA License Number 109683, which e- \pires on 7/31/1999 — Page 48 1.3.7.3 C-attses -ef gel i a n beN,:een -the - pasties 4e -i#is ni Ong 4e DES -�Bf des -te -eet - shall =be deemed 4-a have fef a -ef failure s4e -,3et D ® o 1.3.7.4 -Te44+e exlent daarnages aF2 covered by vim._: and llie Aaehiie l waive all fro4hf5against-eac -h ether and a a fig-PAs -as -they -may -have -te 4he proceeds -of such ---r*+ -aftee -9s -set -fef -iii 4he edi6eR -ef -AJA -D9eaffielit A:201, General tve�s -&f 4he Qntfael -fer Construction, ri -as -ef 4he - date -ef -Uhis -r ement. -The ON timer -er 4he - AzFehitect; as- apprepr+ ate -, Shflll ef-t#tens Stlltant:S, agen - and empler ees of an) e€ -them sib waivers -in fa. er e€ -the- 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 1.3.7.6 Unless ,,thef Aire p ;ded :^ this A o the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or tonic substances in any form at the Project site; however, should the same be discovered by the Architect or the Architect's consultants, the Architect shall within 24 hours of such discovery notify the Owner in writing of the same. 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access at times convenient to the Owner to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project_ 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed Ianguage of such certificates shall be submitted to the Architect for re%4ew at least 14 days prior to the requested dates of execution - The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. 1.3.7.9 The Owner and Architect respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 1.3.8 TERMINATION OR SUSPENSION ' 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement; provided that prior to anv termination or suspension, the Architect shall give the Owner notice of the nonDavmcnt and 30 days in which to cure such nonpavment. Therefore, if the nonDavment is cured within the 30 day e�__riod, the Architect will not be able to suspend or terminate the Agreement. If Lhe Arcitite elect 4e suspend sues pner4e suspension -ef ni- es.4he "Rshsll -give seNveft days'%iitien nebee4e -tlle AAgief: In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage solely caused the Owncr because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension The Architect's fees for the remaining services shall be consistcnt with this Agreement and the time schedules shall be equitably adjusted and agreed to by the parties. 1.3.8,2 If the Project is suspended by the Owner for more than 30 consecutive days pursuant to the terms specified in Subparagraph 1.3.8.1, the Architect shall be compensated for services performed prior to notice of such suspension. "-,:she *A 130CUMENT Bla I- 5T.- -vDARD FORM AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE A- %fERIC.�1N INSTITUTE OF ARCHITECTS, 735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Uniicenud photocopying violates U.S. copyright taws and will subject the violator legal prosecution. This docvmcm w= electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below, Electronic Format B141 -1997 User Document: BAYTOWN.DOC -- 8/25/1998. AIA License Number 109683, which expires on 7/31/1999 -- Page 49 Rrajec� -is - reswned, 4#e - A+e#itit -shall -be -C�� 4er Wises ineed 4H 4he iflteffupgen -and pert -e€4he- b ® 1.3.8.3 If, through no fault of the Architect after having Oven the Owner an opportunity to cure as set forth in Subparagraph 1.3.8.1, the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' mitten notice. 1.3.8.4 This Agreement may be terminated by either party upon not less than thirty seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination; provided that the zrtv initiating ther termination allows the breaching partv an opportunity to cure any breach within 30 days or such other period of time as may be reasonable, as determined by the non- breachin-R-oarty_,_-Ov_en_ the nature of the breach and the lon:rer time to cure _the _same. 1.3.8.5 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. Upon receipt of such written notice, the Architect shall cease work immediately, for the parties hereto understand and agree that the Owner will not be responsible to pay for services performed or expenses incurred after the date the notice is received by the Architect. 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due afld all T ea &Tewies a5 defined t in Subpar -a p i.;.8.7. 1.3.8.7 Agmernen! and include e.-Tenses direeti)- 1.3.9 PAYMENTS TO THE ARCHITECT 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses actually- incurred shall be made monthly_ within 30 days after the receipt of pen the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, of -eft aeeett nt -ef -the -eest -of cages 4R-the CIE theF man the -fer wh o r h -the Meet 4tas 4)een adjudge -te -be liable._ However, such 30 day period in which to pay the Architect shall be tolled should the Owner require further information in connection with the amounts allegedly due according to Architect's statement of services._ Once such information is provided and an agreement is reached as to the rp oiler amount due, the 30 day peri od in which to pay the Architect shall again commence. 1.3.9.2 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: .1 tfanspellatie i t lion -A4h -fie PFejeL4, authorized out -of- town'travel and subsistence, and electronic cOmmunicaUons; .2 fees paid [8F Se a a jur-isdie4iefi ever the PfE�eet; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance in writing by the Owner, .5 renderings, models and mock -ups requested by the Owner; which arc in addition to all others rcguired herein; .6 er•i a -af p€efessienal - liability insuFanee dedfeaFed Ne1usiye'ly 4e 4-his Project -of -�#e -e fp n -ef additional - AIA DOCUMENT 8141 - STANDARD FORM AGREEy1ENT - 1997 EDITION - AIA - COPYRIGIR 1997 -THE A:UMCAN iNSTrr TiE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W., WASHi1GTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. coM-right laws and witl subject the violator legal prosecution. This document was elec"nieally produced with permission of the A!A and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141 -1997 User Document: BAYTOWN.DOC -- 8/25/1998. A!A License Number 109683, which expires on 7/31/1999 — Page ##10 f e}efage -ef -1•i rests -Feqi*L� -b3` the 9waer-in e�eess -ef by the, -Amhiie -er -the .% c , .8 other similar direct Project- related expenditures solely if syecifically approved in writin in advance of the However, before the Owner shall be liable for any of the above - referenced reimbursable expenses. tie Architect must obtain the prior written approval of tie Owner or tie Owner's representative of any expense for which the Architect seeks reimbursement. The Owner aerees that approval of expenses will not be unreasonably withheld. 1.3.9.3 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 representative at mutually convenient times and shall be submitted with the Architect's statement of services. It is understood and agreed that such documentation must be provided to Owner prior to Architect being entitled to payment for the same in accordance with article 1.3.9.1. 1.3.9.4 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 takes and other statutory employee' benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. : ARTICLE 1.4 SCOPE OF SERVICES AND OTHER 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 "gr__ment eefnpFises 1.4.1.1 Standard St ,r d F c w b cm- ncnrccn O a n. c nicc. r, w ar aoeu - zcan,_B z LT+ r 199-7—. 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document B141 -1997, or as follows: (List other documents, ijany, delineating.-trchitect's scope ofservices) As amended herein. 1.4.1.3 Other documents as follows: (List other documents. ijany, forming port of the Agreement.) Not Applicable 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: Not Applicable ARTICLE 1.5 COMPENSATION 1.5.1 For the Architect's services as described under Article 1.4, Architect's compensation shall be computed as follows: Contract Amount of $18,527.00 Site Plan and Corps Permit $2.780.00 15% Design Development $ 3.705.00 20% Working Drawings 7$ .410.00 40% BiddingfNegotiations $ 927.00 5% Construction Administration S 3,705.00 20% TOTAL $ 18,527.00 Plus Reimbursables (Ceiling) $ 1,000.00 TOTAL NOT TO EXCEED $ 19,527.00 isAt no time shall Architect be entitled to compensation of more than the Contract Amount specified hereinabove unless there has been a change in service to which the Owner and Architect have a&Ur td in writing, AIA DOCUNiEN'T B141- STANDARD FOR.\t AGREEMENT - 1997 EDMON - AJA - COPYRIGHT 1997 - THE vMERICAN rNSTrnrrE OF ARCHITECTS, 1733 NEW YORK AVENUE N.W., WASHINIGTON, D.C. 20006 -5292. WARNTNG: Unticen_sed photocopying violates U.S. copyright Inwa and will subjeet the violator legal prosecuti<n This document was electronically produced with permission of the ALA and can be reproduced without violation until the date of expiration as noted Wow. Electronic Format B141 -1997 1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, 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 1.5.2, in an equitable manner. (7nserr basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and emplo)c" and identify Principals and classify emptotives, ifrequired. Mentifyspecific services to which particular methods ofcompensorion apply.) Principal Architect $95/hour Architect S75/hour Computer Drafting $65/hour Staff $50/hour Secretarial $40/hour 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of ( 1.10 ) times the amounts billed to the Architect for such services. 1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items included in Pafeffaph 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of (1.10 ) times the expenses incurred by the Architect, and the Architect's employees and consWtants. 1.5.5 Other Reimbursable Expenses, if any, are as follows: Printing. Courier Services Fax transmissions TDLR fees -Total ma -ximum 1,000.00 1.5.6 The rates a4+d -files for services of the Architect and the as set forth in this Agreement in Subparagraph- 1.5.2 shall be adjusted in accordance with their normal salary review practices-, prrnzded, that the Owner receives written notice of any such change at least ten days prior to any services being performed under the new salary rate and that any such rate. 1..5.7 An initial cellar4- -)slA- be mad n- 4414i5 4-theme pe}�efit onde T {(2, shefl be H+aEle meRtWy, and where applieable, shall be in p%peflia !f4bF+Hed efi 6he basis set fb� in this Agfeernent. 1.5.8 - Payments are due and payable Thirty ( 30 ) days from the receipt da4,e of the Architect's invoice.or receipt of services whichever is later. Amounts unpaid Sixty ( LO) days after the receipt of the invoice or receipt of services, whichever is later, date shall bear interest at the rate entered below, eF in Olie absence theFmf at the legal r�'q"zi"b 4em time (7nserr rare ofinterest agreed upon.) 1% per month (Usury laws and requirements under the Federal Truth in Lending Act. similar state and local consumer credit lau-j and other regulations of the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or wai.ux) R91M •.1 .• 1- 1• • .1 • • •1 • 1 •• "11'1 " effort Insert B: 1 6.2 The reJaJigEIsWIQ of 1' ArchitW to the O.11- hWl be that of an indegenderrt contractor, • 1" Archotect aarees_W_aIIgJ_abL2 indemoify and 1• • 1•Ill -1• • '1• 1• •.1" •1 . "F 0111161MY&I 1404111 1 . 1• ! • 1• -,• ! - • •. •1 • 1 .•Z -1• •i•11' • 1 A • • •-. 1 • .1 LI • l.•1 • •.11••- • .1 • ••-1 • • .1 • 1 • fl -K •1 1• • • • 1 •11 "•n •1 .Ill 1' .•1. ••1' • !' L / "h NA DOCUMENT 8141 - STANDARD FORM .AGREEMENT - 1997 EDMON - AIA - COPYRIGHT 1997 - THE A. \fMC.A-N rNSTr UTL• IT OF ARCHECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WAR.tiTNG: Unlicensed photocopying violatts U.S. coMTig laws and will subject the violator legal prasc=iom This document was dec=imally produced with permission of the AIA and can be reproduced without violation uniil the date or expiration as noted below. Electronic Format B141 -1997 User Document: BAYT0IVN.DOC — 8/25/1998. AIA License Number 109683, which expires on 7/31/1999 -- Page #12 la- 1 •1 C -n 20=1 1 M9=03=1 . 1 a 1' . Me • 1" SI.11"n ll• • -- 1 1• 1111 l• .•• -•.N • ;j I wl I iris 1 1" 11 •,11• -. •" • .•a 1 •1 MAN I 1 Mul a I V lei I I I IvAr. I 1 1 ,JI• • 1 •. -1 l•11 l- 1 -• ••1 ." + i" ��.JI' 1 1•'11 Il 1- 1 + -•• lay- - • .• -1 1• •11 1" •_ -►_••. 1 \ •"• 1 • • ••-1 ••11 -a" • •-b•1 • 1" lel 1" 1 "n • l 11• • 1• :•� • • 1 .fC "11 it 1" X1,1' f•'. 1• .•1 "l • •. •1 • t -1• 1" X1.11' l l • -,• •.- .1 •1 1 • 1 •- (Isis 1- 1 11. 1- • •1 • • 1" "all • 1 .•/ ••! • •1 • 1" S•IIKn • .• MLW111 -p• 1 " X1.1 r - " .: l••1 .1' 1' 1- • ••-1 •- 1• f -11- a 1- •.1 !- • 1- -11• • • • 1- 1 [• •.1 1. -• • • �.• • . •- -. • .l 1• • 1 • • 1 •11'n •1 ,111 1" fiE "n ,•1. • •: •:1.111 -• i" 1•' 1 1- ••- . 1 •. • 1' 1 "n ,•I. lam,• -l• • .1' 1" • 11 • "11 -1• 1• • .q •1 .• -• 1 .1• - • 1 6•I • 1 CI 1' 1•'1111\ • • • -• 1 1 "R •1 .1• \ 1" "_• G •1 • "111 1• •1 • 1 -• " "11 "1 This Agreement entered into as of the day and year first written above. OWNER (Signature) (Printed name and title) ARC CT (Signature) �J' f • /4/4u,4010 galo&4- (Printed name and title) � C AIA DOUMENT B141- STANDARD FORM AGREEMENT - 1997 EDMON - AIA - COPYRIGHT 1997 - THE A.%fERiCA,�I INSTITU IZ OF ARCHITECTS, 735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARINTNG: Unliccraed photocopying violates U.S. eop�z & laws and will subject the violator legal prosecution. This document was electronically produced with permission of the A!A and can be M?roduccd without v;olatioo until the date of expiration as noted below. Electronic Format B141 -1997 User Document: BAYTOWN.DOC — 8/25/1998. AIA License Number 109683, which expires on 7/31/1999 — Page # 13