Ordinance No. 8,601990610 -5
ORDINANCE NO. 8601
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL
SERVICES AGREEMENT WITH DENNIS R. HANCOCK, ARCHITECT FOR
THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE
BAYTOWN POLICE ACADEMY; 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 City Manager and the City Clerk of the City of Baytown to execute and attest to a
Professional Services Agreement with Dennis R. Hancock, Architect for the preparation of plans
and specifications for the Baytown Police Academy. A copy of said Agreement is attached
hereto, marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: 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 10`' day of June, 1999.
ATTEST:
C_
PETE C. ALFARO, Mayor
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
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1 9 9 7 ED IT I ON
Original
AIA DOCUMENT
8151 -1997
Abbreviated Standard Form of Agreement .Between Owner and Architect
This document has impor-
AGREEMENT made as of the twenty-eight day y of April tant legal consequences. in the year nineteen hundred ninety -nine. Consultation with an
(In ivords, indicate day, month and yrar) attomey is encouraged
with respect to Its
completion or modification.
B E T W E E N the Architect's client identified as the Owner:
(Name, address and 00791' information)
City of Baytown
2401 Market Street
Baytown, Tx. 77522 -0424
and the Architect:
(Name, address and other information)
Dennis R. Hancock
121 Capetown
Montgomery, Tx. 7735
For the following Project:
(Include detailed description o %Projed)
Tho scope of the Project eonsis of a single story building to serve as the Baytown Police Acadcmcy. The Project
is to be located in the City of Baytown, Hams County, Texas, on the site known as the Police maintainenec
building and unpoundrnent at 3200 N. Main St. The interior spaces will consist of one fifly seat classroom,
one twenty-five seat classroom, reccption/lobby, thvo (possib?y three) permanent offices, a small library,
locker /change /shower area, restrooms, minimum storage, and a minimum catering/warming kitchen.
Other than landscaping, parking, vehicular and pedistrian access to the building, as required by governing
codes and city ordinances, no other exterior design features or elements are required. A completion dato
for the project has not be established. The project total budget is 51,015,000, of which S 15,000. is
allocated for the selection, procurement, and installation of audio-visual (AN) equipment
The remaining T 1,000,000. (herein referred to as Construction Cost), has be allocated for the balance of the project,
which includes the building, site improvements, fixtures, furniture and equipment, and related fees for services.
See Article 12 for services and responsibilities for the AN and FF &E scope of work.
The Owner and Architect agree as. follows.
Copyright 1974, 1978, 1987, 01997 by The American institute or Architects. Reproducllon of the material herein or sub.
startial quotation of Its provisions without written permission of the AIA violates the copyright laws of the United
States and will subject the violator to legal prosecution.
WARNING: Unacenmd phosocopying vtotahs US. copyright laws and will iublacl the violator to tagat prosecution.
site
0 1 9 9 7 A I A
AIA DOCUMENT 8151 -1997
ABBREVIATED OWNER -
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D,C, 20006.5292
Owncr
*_/c htlCct
0
ARTICLE 1 ARCHITECT'S RESPONSIBILITIES
1.1 The services performed by the Architect, Architect's employees and Architect's consultants
shall be as enumerated in Articles 2,3 and 12.
See An. 12 1.2 The Architect's services 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 perfo6ance of the Architect's services which may be
adjusted as the Project proceeds. This schedule shall include allowances for periods of time
required for the Owner's review 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.
1.3 The Architect shall designate a representative authorized to act on behalf of the Architect
with respect to the Project.
1.4 The services covered by this Agreement are subject to the time limitations contained in
Subparagraph 11.5.1.
ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
See Art. 12 The Architect's Basic Services consist of those described in Paragraphs 1.2 through 2.6 and any
other services identified in Article u as part of Basic Services, and include normal structural.
mechanical and electrical engineering services.
21 SCHEMATIC DESIGN PHASE
See Art. 12 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the
requirements of the Project and shall arrive at a mutual understanding of such requirements with
the Owner.
See Art. 12 2,2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule
and construction budget requirements, each in terms of the other, subject to the limitations set
forth in Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner alternative approaches to design and
construction of the Project.
2.2.4 Based on the mutually agreed -upon program, schedule and construction budget
requirements, the Architect shall prepare, for approval by the Owner, Schematic Design
Documents consisting of drawings and other documents illustrating the scale and relationship of
Project components.
2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost
based on current area, volume or similar conceptual estimating techniques.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by
the Owner in the program, schedule or construction budget, the Architect shall prepare, for
approval by the Owner, Design Development Documents consisting of drawings and other duc-
uments to fix and describe the size and character of the Project as to architectural, structural,
mechanical and electrical systems, materials and such other elements as may be appropriate.
® 23.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of
Construction Cost.
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0 1! 1/ A I A 40
AIA DOCUMENT 01514947
ABBREVIATED OWNER -
ARCHITECT AGRUNIENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington. O.C. 20006.5291
Own-r
chitcct
�1
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further adjustments in
the scope or duality of the Project or in the construction budget authorized by the Owner, the
Architect shall prepare, for approval by the Owner. Construction Documents consisting of
Drawings and Specifications setting forth in detail the requirements for the construction of the
Project.
See Art 12 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding
information, bidding forms, the Conditions of the Contract, and the form of Agreement between
the Owner and Contractor.
2.4.3 The Architect -shall advise the Owner of any adjustments to previous preliminary
estimates of Construction Cost indicated by changes in requirements or general market
conditions.
Sec An 12 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for
filing documents required for the approval of governmental authorities having jurisdiction over
the Project.
See Art 12 2.s BIDDING OR NEGOTIATION PHASE
The Architect, following the Owsier's approval of the Construction Documents and of the latest
preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated
proposals and assist in awarding and preparing contracts for construction.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
Sec Art. 12 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under
this Agreement commences with the award of the initial Contract for Construction and
tenninates at the earlier of the issuance to the Owner of the final Certificate for Payment or 6o
days after the date of Substantial Completion of the Work.
Sec Art. 12 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth
below and in the edition of AIA Document A2oi, General Conditions of the Contract for
Construction, current as of the date of this Agreement, unless otherwise provided in this
Agreement. Modifications made to the General Conditions, when adopted as part of the Contract
Documents, shall be enforceable under t his Agreement only to the extent that they are consistent
with this Agreement or approved in writing by the Architect.
Sec Art, 12 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph
2.6 shall not be restricted, modified or extended without written agreement of the Uvner and
Architect with consent of the Contractor, which consent will not be unreasonably withheld.
2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner
during, the administration of the Contract for Construction. The Architect sha!I have authority to
act on behalf of the Owner only to the extent provided in this Agreement unless otherwise
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modified by written amendment.
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2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate
01997 All mnrt' 12 to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect
AIA DOCUMENT 9151 -1197 in Article 12, (1) to become generally familiar with and to keep the Owner informed about the
ABBREVIATED OWNER. progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner
ARCNiTECT AGREEMENT against defects and deficiencies in the Work, and (3) to determine in general if the Work is being
The American Institute performed in a manner indicating that the Work, when fully completed, will be in accordance
.ot Architects with the Contract Documents. However, the Architect shall not be required to make exhaustive or
)735 New York Avenue, N.W.
Washington, D.C. 100065292
Owner
Architect
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continuous on -site inspections to check the quality or quantity of the Work. The Architect shall
neither have control over or charge of, nor be responsible for, the construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection with
the Work, since these are solely the Contractor's rights and responsibilities under the Contract
Documents.
2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents
and from the most recent construction schedule submitted by the Contractor. However, the
Architect shall not be responsible for the Contractor's failuLr to perform the Work in accordance
with the requirements of the Contract Documents. The Architect shall be responsible for the
Architect's negligent acts or omissions, but shall not have control over or charge of and shall not
be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons or entities performing portions of the Work
2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or
progress.
2.6.8 Except as otherwise provided in this Agreement or when direct communications have been
specially authorized, the Owner shall endeavor to communicate with the Contractor through the
Architect about matters arising out of or relating to the Contract Documents. Communications
by and with the Architect's consultants shall be through the Architect.
2.6.9 CERTIFICATES FOR PAYMENT
2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue
certificates in such amounts.
2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner,
based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and on the data
comprising the Contractor's Application for Payment, that the Work has progressed to the point
indicated and that, to the best of the Architect's knowledge, information and belief, the quality of
the Work is in accordance with the Contract Documents. The foregoing representations are
subject (r) to an evaluation of the Work for conformance with the Contract Documents upon
Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of
minor deviations from the Contract Documents prior to completion, and (4) to specific
qualifications expressed by the Architect.
2.6.93 The issuance of a Certificate for Payment shall not be a representation that the Architect
has (t) made exhaustive or continuous on -site inspections to check the quality or quantity of the
Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3)
reviewed copies of requisitions received from Subcontractors and material suppliers and other
data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained
how or for what purpose the Contractor has used money previously paid on account of the
Contract Sum.
2.6.10 The Architect shall have authority to reject Work that does not conform to the Contract
Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have
authority to require inspection or testing of the Work in accordance with the provisions of the
Contract Documents, whether or not such Work is fabricated, installed or completed. However,
neither this authority of the Architect nor a decision made in good faith either to exercise or not
to exercise such authority shall give rise to a duty or responsibility of the Architect to the
Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other
persons or entities performing portions of the Work.
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D i 9 9 7 A I A
ALA DOCUMENT 8151.1997
ABBREVIATED OWNER -
ARCHITECT AGREEMENT
The Amerkan Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 70006 -5292
Owncr
Afchilocl
1
2.6.11 The Architect shall review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. The Architect's action shall he taken with such reasonable
promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or
separate contractors, while allowing sufficient time in the Architect's professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of determin-
ing the accuracy and completeness of other details such as dimensions and quantities, or for
Substantiating instructions for installation or performance of equipment or systems, all of which
remain the responsibility of the Contractor as required by the Contract Documents. The
Architect's review shall not constitute approval of safety precautions or, unless otherwise
specifically stated by the Architect. of any construction means, methods, techniques, sequences or
procedures. The Architect's approval of a specific item shall not indicate approval of an assembly
of which the item is a component.
2.6.12 If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of the Contractor by the Contract Documents,
the Architect shall specify appropriate performance and design criteria that such services must
satisfy. Shop Drawings and other submittals related to the Work designed or certified by the
design professional retained by the Contractor shall bear such professional's written approval
when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy,
accuracy and completeness of the services, certifications or approvals performed by such
design professionals.
2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with sup-
porting documentation and data if deemed necessary by the Architect as provided in
Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the
Contract Documents, and may authorize minor changes in the Work not involving an adjustment
in the Contract Sum or an extension of the Contract Time which are consistent with the intent of
the Contract Documents.
2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial
Completion and the date of final completion, shall receive from the Contractor and forward to the
Owner, for the Owner's review and records, written warranties and related documents required by
the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for
Payment based upon a final inspection indicating the Work complies with the requirements of the
Contract Documents.
See Art. 12 2.6.1s The Architect shall interpret and decide matters concerning performance of the Owner
and Contractor under, and requirements of, the Contract Documents on written request of either
the Owner or Contractor. The Architect's response to such requests shall he made in writing with-
in any time limits agreed upon or otherwise with reasonable promptness.
Sc4 Art. 12
2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and
o a
reasonably inferable from the Contract Documents and shall be in writing or i n the form of draw-
ings. When making such interpretations and initial decisions, the Architect shall endeavor to
secure faithful performance by both Owner and Contractor, shall not show partiality to either,
O t 9 9 r A l AV
and shall not be liable for results of interpretations or decisions so rendered in good Faith.
AtA DOCUMINT 8151 -1947
Sec Art. 12
ABBREVIATED OWNER-
2.6.17 The A.rch`.tect shall render initial decisions on claims, disputes or other matters in question
ARCHITECT AGREEMENT
between the Owner and Contractor as provided in the Contract Documents. However, the
The American Institutf
Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the
of Architects
intent expressed in the Contract Documents.
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
Owner
KA-rchkect
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Ste Art- 12 2.6.78 The Architect's decisions on claims, disputes or other matters in question between the
Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph
2.6.17, shall be subject to mediation and arbitration as provided in this Agreement and in the
Contract Documents.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
See Art. 12 311 The services described in this Article 3 are not included in Basic Services unless so
identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in
addition to the compensation for Basic Services. The services described under paragraphs }2 and
3.4 shall only be provided if authorized or confirmed in writing by the Owner, if services described
under Contingent Additional Services in paragraph 3.3 are required due to circumstances beyond
the Architect's control, the Architect shall notify the Owner prior to commencing such services.
If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner
shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part
of such Contingent additional Services are not required, the-Architect shalt have no obligation to
provide those services.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is
required, the Architect shall provide one or more Project Representatives to assist in carrying out
such additional on -site responsibilities.
3.2.2 project Representatives shall be selected, employed and directed by the Architect, and the
Architect shall be compensated therefor as agreed by the Owner and Architect. The duties,
responsibilities and limitations of authority of Project Representatives shall be as described in the
edition of AI[A Document B35z current as of the date of this *%recmerlt, unless otherwise agreed.
3.2.3 Through the presence at the site of such Project Representatives, the Architect shall
endeavor to provide further protection for the Owner against defects and deficiencies in the Work,
but the furnishing of such project representation shall not modify the rights, responsibilities or
obligations of the Architect as described elsewhere in this Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
33.1 Making revisions in drawings, specifications or other documents when such revisions are:
.i inconsistent with approvals or instructions previously given by the Owner, including
revisions made necessary by adjustments in the Owner's program or project budget;
.7 required by the enactment or revisinn of codes. laws or regulations subsequent to the
preparation of such documents; or
.3 due to changes required as a result of the Owner's failure to render decisions in a
timely manner.
Sec An 12 33.2 Providing services required because of significant changes in the Project including,
but not limited lo, size, quality, complexity, the Owner's schedule, or the method of bidding or
negotiating and contracting for construction, except for services required under Subparagraph
5.2.5
Sec Art. 12 33.3 Preparing Drawings, Specifications and other documentation and supporting data,
evaluating Contractor's proposals, and providing other services in connection with Change
Orders and Construction Change Directives.
�ee Art 12 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor
and making subsequent revisions to Drawings, Specifications and other documentation resulting
therefrom.
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O 1997 AIACC
AIA DOCUMENT B1S1 -1997
ABBREVIATED OWNER.
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue. N.W.
Washington. D.C. 20006.5292
Owner
Architect
1
33.5 Providing consultation concerning replacement of Work damaged by fire or other cause
during construction, and furnishing services required in connection with the replacement of such
Work.
33.6 Providing services made necessary by the default of the Contractor, by major defects or
deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or
Contractor under the Contract for Construction.
3.3.7 Providing services in evaluating an extensive number of claims submitted by the
Contractor or others in connection with the Work.
33.8 Providing services in connection with a public hearing, a dispute resolution proceeding or
a legal proceeding except where the Architect is party thereto.
33.9 Preparing documents for alternate, separate or sequential bids or providing services in
connection with bidding, negotiation or construction prior to the completion of the Construction
Documents Phase,
See Art 12 for addition of 3.3.I0, 3.3.11, 3.3.12, and 3.3.13
3.4 OPTIONAL ADDITIONAL SERVICES
See Art. 12 3.4.1 providing analyses of the Owner's needs and programming the requirements of the
Project.
3.4.2 Providing Financial feasibility or other special studies.
3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.4 Providing special surveys, environmental studies and submissions required for approvals
of governmental authorities or others having jurisdiction over the Project.
3.4.5 Providing services relative to future facilities, systems and equipment.
3.4.6 providing services to investigate existing conditions or facilities or to make measured
drawings thereof.
3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the
Owner.
3.4.8 Providing coordination of construction performed by separate contractors or by the
Owner's own forces and coordination of services required in connection with construction
performed and equipment supplied by the Owner.
3.4.9 Providing services in connection with the work of a construction manager or separate
I}I�
consultants retained by the Owner.
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3.4.10 Providing detailed estimates of Construction Cost.
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3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor.
m 1997 AIAm
AIA DOCUMENT 1151 -1997
3.4.12 Providing analyses of owning and operating costs.
AeBREVIATED OWNER-
See Art 12
ARCHITECT AGREEMENT
3.4.13 Pruviding interior design and other similar services required for or in connection with the
The American Institute
selection, procurement or installation of furniture, furnishings and related equipment.
of Architects
1735 New York Avenue. N.W.
Washington, U.C. 20006.5292
Owner
Architect
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3.4.14 Providing services for planning tenant or rental spaces.
See Art. 12 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed
appraisals of existing facilities.
See An. 12 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Woik
made during construction based on marked -up prints, drawings and other data furnished by the
Contractor to the Architect.
3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting
and balancing, preparation of operation and maintenance manuals, training Personnel for
operation and maintenance, and consultation during operation.
See Art. 12 3.4.19 Providing services after issuance to the Owner of the final Certificate for Payment, or in
the absence of a Final Certificate for Payment, more than 6o days after the date of Substantial
Completion of the Work.
See Art. 12 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and
electrical engineering portions of the Project provided as a Part of Basic Services.
Sri An. 12 3.4.20 Providing any other services not otherwise included in this Agreement or nut customarily
furnished in accordance with generally accepted architectural practice.
ARTICLE 4 OWNER'S RESPONSIBILITIES
See Art 12 4.1 The Owner shall provide full information in a timely manner regarding requirements for
and limitations on the Project, including a written program which shall set forth the Owner's
objectives, schedule, constraints and criteria, including space requirements and relationships,
flexibility, expandability, special equipment, systems and site requirements. The Owner shall
famish to the Architect, within tg days after receipt of a written request, information necessary
and relevant for the Architect to evaluate, give notice of or enforce lien rights.
4.2 The Owner shall establish and periodically update an overall budget for the Project,
including the Construction Cost, the Owner's other costs and reasonable contingencies related to
all of these costs.
43 The Owner shall designate a representative authorized to act on the Owner's behalf with
respect to the Project. The Owner or such 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.
See An. 12 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and
utility locations for the site of the Project, and a written legal description of the site. The surveys
and legal information shall include, as applicable, grades and lines of streets, alleys, pavements
II��
and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
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booao°
dimensions and necessary data with respect to existing buildings, other improvements and trees:
and information concerning available utility services and lines, both public and private, above and
G t 9 9 r A t AZ
below grade, including inverts and depths. All the information on the survey shall be referenced
AIA DOCUMENT 5151 -1917
to a Project benchmark.
ABBREVIATED OWNER -
ARCHITECT AGREEMENT
Art• 12 4.5 The Owner shall furnish the services of geotechnical engineers when such services are
The American Institute
requested by the Architect. Such services may include but are not limited to test borings, test pits.
of Architects
1735 New York Avenue. N.W.
Washington. O.C. 20006 -5292
O%vncr
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determinations of soil bearing values, percolation tests, evaluations of hazardous materials,
ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil
conditions, with reports and appropriate recommendations.
4.6 The Owner shall furnish the services of consultants other than those designated in
Paragraph 4.5 when such services are requested by the Architect and are reasonably required by the
scope of the Project.
4.7 The Owner shill furnish structural, mechanical, and chemical tests; tests for air and water
pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections
and reports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary
at any time for the Project to meet the Owner's needs and interests. Such services shall include
auditing services the Owner may require to verify the Contractor's Applications for Payment or
to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of
the Owner.
4.9 The services, information, surveys and reports required by Paragraphs 4.4through 4.8 shall
be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the
accuracy and completeness thereof.
4.10 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.
See Art. 12 for addition of 4.11 and 4.12
ARTICLE 5 CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost_ shall be the total cost or, to the extent the Project is not
completed, the estimated cost to the Owner of all elements of the Project designed or specified by
the Architect.
See Art 12 5.1.2 The Construction Cost 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 for market conditions at the time of bidding and for changes in the Work.
See Arc 12 s.13 Construction Cost does not include the compensation of the Architect and the Architect's
consultants, the costs of the land, rights -of -way and financing or other costs that are the respon-
sibility of the Owner as provided in Article 4.
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3.2 RESPONSIBILITY FOR CONSTRUCTION COST
o. 0 5.2.1 }evaluations of the Owner's I'mject budget, the preliminary estimate of Construction Cost
og�' o and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the
Architect's judgment as a design professional familiar with the construction industry. It is
0 1997 A I A O recognized. however, that neither the Architect nor the Owner has control over the cost of labor,
AlA DOCUMENT 6131 -1997
A95REVIATED OWNER• materials or equipment, over the Contractors mahocls of determining bid prices, or over
ARCHITECT AG1EEMEN7 competitive bidding, marker or negotiating conditions. Accordingly. the Architect cannot and
does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project
The Americanlnstitute budget or from any estimate of Construction Cost or evaluation reared or agreed to h the
of Architects B prepared g Y
1735 New York Avenue, N.W. Architect.
Washington, D.C. 20006 -5292 Owner
Architect
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5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement
by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been
agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established,
the Architect shall be permitted to include contingencies for design, bidding and price escalation,
to determine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments in the scope of the Project
and to include in the Contract Documents alternate bids as may be necessary to adjust the
Construction Cost to the fixed limit. Fixed limits,-if any, shall be increased in the amount of an
increase in the Contract Sum occurring after executiun of the Contract for Construction.
5.23 If the Bidding or Negotiation Phase has riot commenced within go days a fter the Architect
submits the Construction Documents to the Owner, any Project budget or fixed limit of
Construction Cost shall be adjusted to reflect changes in the general level of prices in the
construction industry.
5.2.4 " If a fixed iimil of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is
exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall:
s give written approval of an increase in such fixed limit;
.2 authorize rebidding or renegotiating of the Project within. a reasonable time,
.3 terminate in accordance with Paragraph 8.5; or
.4 cooperate in revising the Project scope and quality as required to reduce the
Construction Cost.
5.23 if the Owner chooses to proceed under Clause 5,2.4.4, the Architect, without additional
compensation, shall modify the documents for which the Architect is responsible under this
Agreement as necessary to comply with the fixed limit, if established as a condition of this
Agreement. The modification of such documents without cost to the Owner shall be the limit of
the Architect's responsibility under this Subparagraph 5.2.5. The Architect shall be entitled to
compensation in accordance with this Agreement for all services performed whether or not the
Construction Phase is commenced.
ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE
6.1 Drawings, specifications and other documents, including those in electronic form,
prepared by the Architect and the Architect's consultants are Instruments of Service for use
solely with respect to this Project.'rhe Architect and the Architect's consultants shall be deemed
the authors and owners of their respective Instruments of Service and shall retain all common
law, statutory and other reserved rights, including copyrights.
6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive
license to reproduce the Architect's instruments of Service solely for purposes of constructing,
using and maintaining the Project, provided that the Owner shall comply with all obligations,
including prompt payment of all sums when due, under this Agreement. The Architect shall
obtain similar nonexclusive licenses from the Architect'. consultants consistent ,vith this
Ilj�
Agreement. Any termination of this Agreement prior to completion of the Project shall terminate
o 0
this license. Upon such termination, the Owner shall refrain from making further reproductions
ol416
of Instruments of Service and shall return to the Architect within scvcn days of termination all
originals and reproductions in the Owner's possession or control. If and upon the date the
o 1997 A , A
Architect is adjudged in default of this Agreement, the foregoing license shall be deemed
AIA DOCUMENT 111514917
terminated and replaced by a second, nonexclusive iiceme permitting the Owner to authorize
ABBREVIATED OWNER-
® other similarly credentialed design professionals to reproduce and, where permitted by law, to
ARCHITECT AGREEMENT
make changes, corrections or additions to the Instruments of Service solely for purposes of
The American InsllTUle
completing, using and maintaining the Project.
o {Architects
1215 New York Avenue, N.W.
Washington, D.C. 20006 -5291
Owner
NG tuc
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Sec Art 12 63 Except for the licenses granted in Paragraph 6.2, 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 Instruments of Service appropriate to and for use in their execution of the Work
by license granted in Paragraph 6.2- 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 for other projects, unless the Owner obtains the prior written
agreement of the Architect and the Architect's consultants. Any unauthorized use of the
Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and
the Architect's consultants.
6.4 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 of Service, the Owner and the Architect shall by separate written agreement set forth
the specific conditions governing the formal of such Instruments of Service or electronic data,
including any special Iimitations or licenses not otherwise provided in this Agreement.
See Art 12 Add 6.5 and 6.6
Sea An 12 ARTICLE 7 DISPUTE RESOLUTION
7.1 MEDIATION
7.1.1 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 fling deadlines prior to resolution of the matter by mediation or
by arbitration.
7.1.2 The Owner and Architect shall endeavor to resoh•e claims, disputes and other matters in
question between them by mediation which, unless the parties mutually agree otherwise, shall be
in accordance with the Construction Industry Mediation Rules of the American Arbitration
Association currently in effect. Request for mediation shall be filed in writing with the other party
to this Agreement and with the American Arbitration Association. The request may be made
concurrently with the filing of 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 from the date of filing, unless stayed for a longer period by
agreement of the parties or court order.
7.13 The parties shall share the medialor's fie and any filing fees equally. The mediation shall
be held in the place where the Project is located, unless another location is mutually agreed upon.
Illy Agreements reached in mediation shall be enforceable as settlement agreements in any court
e a having jurisdiction thereof.
od���Qo
7.2 ARBITRATION
0 1 9 9 7 A t A m 7.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement
AIA DOCUMENT 4151 -1997 shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by
ARBREWATtD OWNER-
ARCHITECT AGREEMENT mediation in accordance with Paragraph 7.1.
® The American Institute 7,2,1 Claims,disputes and other matters in question between the parties that are not resolved by
of Architects mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall
1735 New York Avenve, M.W.
Washington, D.C. 29006.5292
Owner
Architect
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be in accordance with the Construction Industry Arbitration 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.
7.23 A demand for arbitration shall be made within a reasonable time after the claim, dispute
or other matter in question has arisen. In no event shall the demand for arbitration be made after
the date when institution of legal or equitable proceedings based on such claim, dispute or other
matter in question would be barred by the applicable statute of limitations.
7.2.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation
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
Owner. Architect, and any other person or entity sought to be joined. Consent to arbitration
involving an additional person or entity shall not constitute consent to arbitration of any claim,
dispute or other matter in question not described in the written consent or with a person or
entity not named or described therein. The foregoing agreement to arbitrate and other 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.
7.2S 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 jurisdiction thereof.
73 CLAIMS roR CONSEOUENVAL DAMAGES
The Architect and 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
Article 8.
ARTICLE 8 TERMINATION OR SUSPENSION
See An 12 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. If the
Architect elects to suspend services, prior to suspension of services. the Architect shall give seven
days' written notice to the Owner. In the event of a suspension of services, the Architect shall have
no liability to the Owner for 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 services and the time schedules shall be equitably adjusted. .
See Art 12 83 If the Project is suspended by the Owner for more than 30 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 11��
resumption of the Architect's services. The Architect's fees for the remaining services and the time o a
schedules shall be equitably adjusted. 0000°
See Art 12 8.3 If the Project is suspended or the Architect's services are suspended for more than go
0 11 t r A I A 0
consecutive days, the Architect may terminate this Agreement by giving not less than seven days'
AIA DOCUMENT I1S14997
written notice,
ABBREVIATED OWNER•
leSec
ARCHITEC7 AGREEMENT
Art 12 114 This Agreement may be terminated by either party upon not less than seven days' written
The Arnerican Institute
notice should the other party fail substantially to perform in accordance with the terms of this
Architects
1 7 J5 New rock Avenue, N.W.
Agreement through no fault of the part)' initiating the termination.
Washington, D.C. 20006 -5292
Owner
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Sce Art. 1 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.
See Art. 12 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 and all Termination Expenses as defined in Paragraph 8.7.
See Art. 12 8.7 Termination Expenses are in addition to compensation for the services of the Agreement
and include expenses directly attributable to termination for which the Architect is not otherwise
compensated, plus an amount forthe Architect's anticipated profit on the value of the services not
performed by the Architect.
ARTICLE 9 MISCELLANEOUS PROVISIONS
Soc Art 12 9.1 This Agreement shall be governed by the law of the principal place of business of the
Architect, unless othenvise provided in Article 12.
9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA
Document A2ot, General Conditions of the Contract for Construction, current as of the date of
this Agreement.
Sea Art. 1 93 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 act occurring after Substantial Completion. In no event shall such statutes of
limitations commence to run any later than the date when the Architect's services are
substantially completed.
Sec An. 12 9.4 To the extent damages are covered by property insurance during construction, the Owner
and Architect waive all rights against each other and against the contractors, consultants, agents
and employees of the other for damages, except such rights as they may have to the proceeds of
such insurance as set forth in the edition of AIA Document A201, General Conditions of the
Contract for Construction, current as of the date 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.
9.5 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
fill
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
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facilitate such assignment.
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9.6 This Agreement represents the entire and integrated agreement between the Owner and
O r 9 9 7 A t A O
the Architect and supersedes all prior negotiations, representations or agreements, either written
AIA DOCUMENT 6151 -1997
or oral. This Agreement may be amended only by written instrument signed by both Owner and
ABBREVIATED OWNER -
Ar[hitrct
ARCHITECI AGREEMENT
the
Amerkan institute
9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause
Of ArChiteC7r
1735 New York Avenue, N.W.
of action in favor of a third party against either the Owner or Architect.
Washington, D.C. 20006 -5292
Owncr
chitect
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9.8 Unless otherwise provided in this Agreement, 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 toxic substances in any fomi at the project site.
9.9 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 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.
9.10 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 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.
See Art 12 for addition of 9.11, 9.12, 9.13 and 9.14
ARTICLE 10 PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
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 taxes and other statutory employee benefits.
insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions.
10.2 REIMBURSABLE EXPENSES
See An. 12 T0.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional 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:
See Art. 12 .1 transportation in connection with the Project, authorized out -of -town travel and
subsistence, and electronic commuriicaticns;
.2 fees paid for securing approval of authorities having jurisdiction over the Project;
See An. 12 .3 reproductions, pints, 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;
See Art. 12 .a 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;
See Art. 12 .7 reimbursable expenses as designated in Article u;
.a other similar direct Project- related expenditures.
See Art. 12 for addition of 10.2.2
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
103.1 An initial payment as set forth in Paragraph u.1 is the minimum payment under this
Agreement.
103.2 Subsequent payments for Basic Services shall be made monthly and, where applicable,
shall he in prnportinn to services performed within each phase of service, on the basis set forth in
Subparagraph 11.2.2.
10.3.3 if and to the exlcni that the time initially established in 5u6paragraph n.5.t of this
Agreement is exceeded or extended through no fault of the Architect, compensation for any
services rendered during the additional period of time shall be computed in the manner set forth
in Subparagraph 11.3.2.
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O 1997 A1AO
ALA DOCUMENT 9151 -1997
ABBREVIA111) OWNER -
ARCH17EC7 AGREEMENT
rho Amorkan Inslituta
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006.$292
Owncr
t ch,IccI
n
0
10.3.4 When compensation is based on a percentage of Construction Cost and any portions of
the Project are deleted or otherwise not constructed, compensation for those portions of the
project shall be payable to the extent services are performed on those portions, in accordance with
the schedule set forth in Subparagraph 11.2.2, based on (I) the lowest bona fide bid or negotiated
proposal, or (2) if no such bid or proposal is received, the most. recent preliminary estimate of
Construction Cost or detailed estimate of Construuion Cost for such portions of the project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall
be made monthly upon presentation of the Architect's statement of services rendered or
expenses incurred.
10.3 PAYMENTS WITHHELD
No deductions shall be made from the Architect's compensation on account of penalty,
liquidated damages or other sums withheld from 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.
10.6 ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Additional Services and 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.
ARTICLE 11 BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 An Initial Payment of I zero Dollars
(S - 0 - ) shall be made upon execution of this Agreement and credited to the
Owner's account at Final payment.
111 KASIC COMPENSATION
111.1 For Basic Services. as described in Article z, and any other services included in Article 12 as
part of Basic Services, Basic Compensation shall be computed as follows:
(insert basis of compensation, including stipulated sums, multiples or perermages, and identify phases to which
particular methods of compensation apply, if necessary.)
For Basic Services and Expenses for the performance of Basic Senices, described herein, the Basic Compensation is
the stipulated sum in the amount of Ninety -Five Thousand Sevcn Hundred Fifty Dollars ($95,750.)
WARNING: Unlloons4d plwtocvprin6 rioMres U.S. copyright laws and will sublacr The vloluvr to tidal pro,ecunorn
7N,\�� /i
01997 AI AQi
AIA DOCUMENT 6151.1997
ABBREVIATED OWNER-
ARCHITECT AGREEMENT
The Arnertcon Insrirvle
Of ArChIteCIS
T735 New York Avenve. N.W.
Washington. O.C. 20005.5292
Owner
*_�i
11.2.2 Where compensation is based on a'stipulated sum or percentage of Construction Cost,
progress payments for Basic Services in each phase shall total the following percentages of the
total Basic Compensation payable:
{insert additional phases as appropriate.)
Schematic Design Phase:
percent (20 %)
Design Development Phase:
percent (25 %)
Construction Documents Phase:
percent (40 %)
Bidding or Negotiation Phase:
percent ( 5 %)
Construction Phase:
percent (10 %)
Total Basic Compensation:
one hundred percent (too %)
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 For Project Representation Beyond Basic Services, as described in Paragraph 1:1, compen-
sation shall be computed as follows:
Two and one half (2.5) times direct personnel expense if an employee of the Architect is utilized for the services
or at the Additional Services hourly rate described in subparagraph 1 t.3.2, if provided by the Architect.
11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than
(1) Additional Project Representation, as descrihed in Paragraph 3.2. and (2) services included in
Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be
computed as follows:
(Insert Basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and
emplo)Aees, and identify Principals and classify employees. if required. Identify specifie services to which
particular methods of compensation apply, if necessary.)
Dennis R. Hancock - Eighty-five Dollars ( $85.00) per hour
IIII
0 0
o. .o
dodo
01777 AtAtD
AIA OOCUMUNT 9151 -1997
ABBREVIATED OWNER.
ARCHITECT AGREEMENT
The American Inslitute
01 Architects
1735 New York Avenue. N.W.
Washtngron, D.C. 20006 -5292
Owner
WARNING: Unlicensed photocopyln vlo4m uS. coprr4ht laws trod will sublatt the rtolator to iagal prosocutbn Architect
See Art. 1 11.33 For Additional Services of Consultants, including additional structural, mechanical and
® electrical engineering services and chose provided under Subparagraph 3.4.19 or identified in
Article 12 as part of Additional Services. a multiple of one ( I.0 ) times the
amounts billed to the Architect for such services.
(Identify specific types of consultants in Arllrle 12, if requir,d.)
11.4 REIMBURSABLE EXPENSES
For Reimbursable Expenses, as described in Paragraph to.2, and any other items included in
Article 12 as Reimbursable Expenses, a multiple of one ( 1 _o ) times
the expenses incurred by the Architect, the Architect's employees and consultants directly related
to the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 If the Basic 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 compen-
sated as provided in Subparagraphs io.3.3 and 11.3.2-
11.5.2 Payments are due and payable . thirty ( 30 ) days from the
date of the Architect's invoice. Amounts unpaid thirty ( 30 ) days after
the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal
rate prevailing from time to time at the principal place of business of the Architect.
(Insert rate of interest agrced upon.)
one (1) % per month
(Usury laws and requirements under the Federal Truth in Lending Art, similar state and local consumer credit
laws and other regulations at the Ownels and Architects principal places of business, the location of the Project
and elsevAere 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 waivers.)
11.5-3 The rates and multiples set forth for Additional Services shall be adjusted in accordance
with the normal salary review practices of the Architect.
See Art 12 Add 11.5.4
fill
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I�
01911 A A(V
AIA DOCUMENT 6151 -1997
ABBREVIATED OWNER,
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue. N.W.
LWaShinglon, D.C. 10006 -5292
Owner
WARNING: Unikens*d photocopying vtObtwf US. coprrlsht I.ws snd w111 rubloct the rblstor to kg.l prorscutknt 1litCtt
® ARTICLE 12 OTHER CONDITIONS OR SERVICES
(Insert descriptions of utlter services, identify Additional Services included within Basic Compensation and
modifications to the payment and compensation terms Included in this Agreement.)
Refer to Attachment "A ", which is attached hereto and incorporated heren for all intents and purposes.
This Agreement entered into as of the day and year first written above.
v
O W N E R(Signature) H IT E C T(Signa(ure)
Dennis R. Hancock, Principal
(Printed name and title) (Printed name and title)
® CAUTION: You should sign an original AIA document or a licensed reproduction. Originals contain the AIA logo
printed In red; licenmd reproductions are those produced in accordance with the Instructions to Ihis document.
WAttN1NG: Unlicensed photocopying oblates US copyright laws and will sublact the violator to legal prosecution.
01991 A I A 0
AIA DOCUMENT BISI.1997
AOSREVIATED OWNER -
ARCHITECT AGREEMENT
The American Institute
or Architects
1735 New York Avenue, N.W.
Washington. D.C. 20006.5297
Attachment A
0 Referenced from Article 12 "Other Terns and Conditions" of the B151 — 1997 Agreement between The City of
Baytown and Dennis R. Hancock, dated 28 April 1999
The following conditions and modifications shall supersede and control over the Terms and Conditions of the
above reference Owner /Architect Agreement to the extent that there is conflict.
12.1 Reference page 1, Project Description
The responsibilities and services related to the selection, procurement and installation of the audio - visual
(AN) and fixtures, furniture and equipment (FF &E) are as follows:
AN
The Owner is responsible for the selection, procurement and installation of the AN system & scope of
work. During the development of the Program for the Project, the Owner shall provide to the Architect,
product data sheets and information for all equipment regarding the physical characteristics of the
equipment. The Architect will describe in the Contract Documents any space, storage, mounting
substrates, surfaces, electrical or ventilating requirements for the equipment.
FF &E
The Architect will assist the Owner in selection of fixed and loose classroom seating, classroom tables,
reception furniture, lockers, benches, and office furniture. The procurement and installation of the
previously mentioned furniture items is the responsibility of the Owner. The selection, procurement and
installation of the telephone, computer and security systems scope of work is the responsibility the
Owner. During the development of the Program for the Project, the Owner shall provide to the Architect,
furniture requirements, product data sheets and information for all equipment regarding the physical
characteristics of the equipment. The Architect will describe in the Contract Documents any space,
storage, mounting substrates, surfaces, electrical or ventilating requirements for the equipment.
12.2 Paragraph 1.2
Delete the last sentence.
12.3 Paragraph 2.1
Add: "The Architect's Basic Services will also include providing normal Civil engineering services.
Food Consultant services are not included in Basic Services, however they may be added as an additional
service if it is determined that such services are required.
12.4 Subparagraph 2.2.1
Delete the word "review the program furnished by the Ownee' and insert "prepare the program based on
information provided by the Owner ".
12.5 Subparagraph 2.2.2
Delete the word "Owner's".
12.6 Subparagraph 2.4.2
Shall read as follows: The Architect shall prepare for the Owner's approval, information, bidding fonus,
the Conditions of the contract and the form of Agreement between the Owner and Contractor.
12.7 Subparagraph 2.4.4
Shall read as follows: The Architect shall prepare all documents required for the approval of
governmental authorities having jurisdicdon over the scope of wort` for the project and shall assist Owner
in timely filing the same.
12.8 Paragraph 2.5
Shall read as follows: The Architect, following the Owner's approval of the Construction Documents
and of the latest preliminary estimate of Construction cost, shall assist the Owner in obtaining bids and
awarding a contract and shall prepare such contracts for construction.
Architect Owner
Attachment A
B151 -- 1997 Agreement between
® The City of Baytown and Dennis R Hancock
Dated 28 April 1999
Page 02
12.9 Subparagraph 2.6.1
Shall read as follows: The Architect's responsibility to provide Basic Services and/or Additional
Services for the Construction Phase under this Agreement commences with the award of the initial
Contract for Construction and terminates upon the Owner's acceptance of the Work.
12.10 Subparagraph 2.6.2
"Me first sentence shall read as follows:
The Architect shall provide administration of the Contract for Construction as set forth below and in the
edition of AIA Document A201; General Conditions of the Contract for Construction and current as of
the date of this Agreemen( as modified by the Owner and agreed to by the Architect, unless otherwise
provided in this Agreement.
Add the following sentence after the last sentence ending in the word "Architect. ":
At the time of execution of this Agreement, the Owner and the Architect have not agreed to any
modification to AIA Document A201, General Conditions of the Contract for Construction.
12.11 Subparagraph 2.6.3
Shall read as follows:
Duties, responsibilities and limitations of authority of the Architect under this Paragraph 2.6 shall not be
restricted, modified or extended without written agreement of the Owner and Architect.
12.12 Subparagraph 2.6.5
Insert the word "diligendy" between the words "shall" and "visit" in the first line of the first sentence.
In the next to last line of the last sentence insert a period (.) following the word "Work" and delete "since
these are solely the Contractor's rights and responsibilities under the Contract Documents.
12.13 Subparagraph 2. 6.15
Delete the work " decide" and inscri die pluase "render an opinion ".
12.14 Subparagraph 2.6.16
Replace the word "decisions" Aidi 'opinions" throughout.
Insert a period () after the word "Contractor" and delete "and shall not be liable for results of
interpretations or decisions so rendered in good faith."
12.15 Subparagraph 2.16.17
Replace the word "decisions" with opinions" throughout.
12.16 Subparagraph 2.16.18
Delete the word "decisions" and insert die word "opinions ",
Delete the words "mediation and arbitration" and insert die "resolution ".
12.17 Subparagraph 3.1.1
In the third line from the top of insert a "comma (,)" and "33" following "3.2."
In the fourth line from the top insert a period (.) following the word "Owner' and delete the remainder of
the subparagraph.
12.18 Subparagraph 3.3.2
Add the word "budget," following the comma after die word "schedule ".
® Architect Owner
Attachment A
B151 — 1997 Agreement between
The City of Baytown and Dennis R. Hancock
® Dated 28 April 1999
Page 03
12.19 Subparagraph 3.3.3
Delete the () period after the word. "Directives " and insert the following phrase, "except for reasons to
clarify or communicate the original scope of work and as determined by the Architect. "
12.20 Subparagraph 3.3.4
Delete the word "and " between "Contractor " and "making" and insert the word "or ".
12.21 Subparagraph 3.3.10
Add Subparagraph 3.3. 10 to read: "Providing more than one (1) project review to determine whether the
Work is substantially complete in accordance with the Contract Documents. The Architect shall include
text in the specifications to require the Contractor to reimburse the Owner for these additional services
costs from monies due the Contractor, if the Contractor is at fault."
12.22 Subparagraph 3.3.11
Add Subparagraph 3.3.11 to read: "Providing more than one (1) project review to determine final
completion. The Architect shall include text in the specifications to require the Contractor to reimburse
the Owner for these additional ser%ices costs from monies due the Contractor, if the Contractor is at
fault."
12.23 Subparagraph 3.3.12
Add Subparagraph 3.3.12 to read: "Providing more than two reviews of each shop drawing, product data
item, sample, or similar material from the general contractor. The Architect shall include teat in die
specifications to require the Contractor to reimburse the Owner for these additional services costs from
monies due the Contractor, if the Contractor is at fault."
12.24 Subparagraph 3.3.13
Add Subparagraph 3.3.13 to read: "Providing more than two site visits per each of the Architect's
Consultants during the construction of the Work, except as may and determined by the Arclutect's
Consultant(s), to clarify or communicate the original scope of work."
12.25 Subparagraph 3.4.1
Delete Subparagraph 3.4.1 in its entirety.
12.26 Subparagraph 3.5.13
Add after "equipment" the pluasc "except as described in Axticle 12.
12.27 Subparagraph 3.4.15
Add after the word "materials" the words ",fixtures. furniture ".
12.28 Subparagraph 3.4.16
Delete in its entirety.
I2.29 Subparagraph 3.4.18
Providing services alter the Owner's final acceptance of the Work.
12.30 Subparagraph 3.4.19
Add ",civil" after the word "mechanical
12.31 Subparagraph 3.4.20
Delete the words "architectural practice" and insert "basic architectural services ".
Architect Owner
Attachment A
B151 — 1997 Agreement between
® The City of Baytown and Dennis R Hancock
Dated 28 April 1999
Page 04
12.32 Paragraph 4.1
Delete " including a written program ".
The final sentence shall read as follows:
The Owner shall furnish to the Architect within a reasonable period of time, information necessary and
relevdnt for the Architect to evaluate, give notice of, or enforce lien rights.
12.33 Paragraph 4.4
Delete Paragraph 4.4 in its entirety and replace with "The Owner shall provide to the Architect the legal
description of the site. The Architect, as part of basic services, will acquire for its use, and as determined
by the Architect, all other information regarding the physical characteristics, legal limitations and utility
locations for the site of the Project."
12.34 Paragraph 4.5
Delete all of the text in Paragraph 4.5 and replace it with " The Owner shall furnish and coordinate all
required services and certification for: (a) the identification and proper abandonment of existing, if any,
hazardous materials; (b) the proper abandorunent of the existing well and its assembly so as not to restrict
or limit die use of the proposed site or cause the need for any design of new Work related to the well; and
(c) the complete removal of all other existing improvements and utilities, including but not limited, to the
maintenance building, its foundation and all paving, The Architect nor die Architect's Consultants shall
have any responsibility related to the above described worst. The Architect, as pan of basic services, will
acquire for its use, and as determined by the Architect, all other geotechnical infornation for the site of
the Project."
12:35 Paragraph 4.11
Add Paragraph 4.11 to read as follows: "The Owner shall pay for any fees required by any authorities
having jurisdiction over the Project.
12.36 Paragraph 4.22
Add Paragraph 4.12 to read as follows: " The Owner shall furnish and coordinate all services required to
remove front die proposed site, prior to the commencement of the new Work, all existing improvements,
utilities and debris, leaving the site unencumbered, graded, clean and ready' to receive the new Work.
12.37 Subparagraph 5.1.2
Delete the words "separate construction manager or ".
12.38 Subparagraph 5.1.3
Delete all text in Subparagraph 5.1.3 and replace it with " Construction Cost does include compensation
of the Architect and Architect's consultants. Construction cost does not include the cost of land, rights -
of -way and financing or other cost that arc the responsibility of the Owner as provided in Article 4.
12.39 Paragraph 6.3
In the first sentence between word "no" and die preceding comma(,), insert the words, "and the
conditional right expressed in paragraph 6.5).
The next to last sentence shall be revised to read:
The Owner may, as described in paragraph 6.5, use the Architectural Drawings and Architectural
Specifications for future additions or alterations to this Project or for other projects.
12.40 Add Paragraph 6.5 to read as follows:
Upon the expiration or termination of the Architect's services under this Agreement, the Architect grants
to the Owner a conditional right to use reproductions of the Architectural Drawings and
Specifications(liercin collectively referred to as "Documents ")for future additi is or alterations to this
Architcct Owner
Attachment A
B151 — 1997 Agreement between
The City of Baytown and Dennis R Hancock
Dated 28 April 1999
Page 05
Project or other projects. Conditional to, and prior to, the Owner's use of the Documents, the Owner
agrees to and shall:
(a) totally and physically remove from all Documents and the text or graphics within the Documents, all
identification of and references to the Architect and it's Consultants, including but limited to, Document
titles, title blocks, names, addresses, telephone numbers, office/company identification and/or logos,
project numbers and professional seals, license numbers and signatures; (b) have paid all monies owing
to the Architect; and (c) have resolved all disputed claims between the Owner and Architect; and (d) pay
directly for the cost of reproduction the Documents. By the Owner's use of the Documents, the Owner
agrees to assume full responsibility for the use of the Documents and releases, relinquishes and
discharges the Architect and it's Consultants, their officers, agents employees, successors and assigns
from all claims, demands, or causes of every kind and character that may be caused or alleged to be
caused by, arising out of, or in connection with use of the Documents. This release shall apply with
respect to the use of the Documents regardless of whether said claims demands or causes of action are
covered in whole or in part by insurance. Any use of the Documents shall be at the Owner's sole risk
and without liability to tire Architect and die Architect's Consultants.
12.41 Add Paragraph 6.6 to read as follows:
The Architect shall seek, but without obligation, to obtain from its Consultants, the Owner's conditional
right to use the Consultant's Documents as expressed in paragraph 6.5.
12.42 Article 7
Delete in its entirety.
12.43 Paragraph 8.1
Paragraph 8.1 shall read as follows:
The obligations of the Owner or the Architect under this Agreement may be suspended, at the option of
the party giving notice as required hereinbelow, or terminated:
12.44 Add Subparagraphs 8.1.1, 8.1.2, 8.1.3, and 8.1:4 as follows:
8.1,1 For cause,
a. by either parry upon thirty (30) days written notice in the event of a substantial
failure by the other party to perform in accordance with the terms of this
Agreement through no fault of the party giving notice to terminate,
b. by the Architect upon 7 days written notice if the Owner has failed to make
payments in accordance with this Agreement, except for such disputed payments
in which the Owner has given the Architect ten (10) days written notice from the
Owner's receipt of invoice of the amounts and reasons for the amounts being in
dispute.
c. Notwithstanding the foregoing, this Agreement will not terminate or be suspended
as a result of subsection (a) hercinabove unless the party receiving such notice fails
within seven days of receipt of such notice, to correct its failure to perform and
proceeds diligently to cure such failure within no more than thirty days of receipt
thereof, provided, however, that if and to the extent such substantial failure cannot
be reasonably cured within such thirty (30) day period and if such party has
diligently attempted to cure the same and thereafter continues diligently to cure the
same, then the cure period provided for herein shall extend up to, but in no case
more than, sixty (60) days after the date of receipt of the notice.
d. Notwithstanding the foregoing, this Agreement will not terminate or be suspended
,at the Architect's option, as a result of subsection (b) ltcreinabove unless the
Owner, within seven days of receipt of such notice, makes payment due under the
terms of dds Agreement, unless the same is disputed as provided in section (b)
®
above.
Architect //0/ ON+•ner
Attachment A
B151 — 1997 Agreement between
The City of Baytown and Dennis IL Hancock
Dated 28 April 1999
Page 06
8.1.2 For convenience by the Owner effective upon the receipt of notice by the Architect.
8.1.3 Upon the death of the Architect by the Owner, its officers, agents, or employees, the Owner
shall pay the Architect's estate for all services performed by the Architect up to the date of
termination. Such amount shall be based upon the percentage of services completed and
determined by the Owner.
8.1.4 In the event of suspension by either party hereto, such party shall have no liability to the other
for delay or damage caused. because of such suspension. If the Project is suspended by more
than thirty (30) consecutive days, the Architect shall be compensated for services performed
prior to notice of such suspension. However, prior to the Architect being required to resume
services, the Architect shall be paid all sums due prior to die suspension under the terms of this
Agreement, unless the same is disputed as provided in section (b) above.
12.45 Paragraph, 8.2, 8.3, 8.4, 8.5 and 8.7
Delete in their entireties.
12.46 Paragraph 8.6
Shall read as follows:
In the event of termination not the fault of the Architect, the Architect shall be compensated for services
performed prior to termination plus reimbursable expenses due on the date the Architect receives notice
of termination.
12.47 Paragraph 9.1
Delete the word "Architect" and insert the word " Owner ".
12.48 Paragraphs 9.3 and 9.4
Delete in their entireties.
12.49 Paragraph 9.9
The third sentence shall read as follows:
"However, the Architect's materials shall not include the Owner's confidential or proprietary
information"
12.50 Paragraph 9.11
Add Paragraph 9.11 to read: "All parties agree that should any provision of this agreement be
determined to be invalid or unenforceable, such determination shall not affect any other term of this
Agreement, which shall continue in full force and effect.
12.51 Paragraph 9.12
Add Paragraph 9.12 to read: "The relationship of the Architect to the Owner shall be that of an
independent contractor."
12.52 Paragraph 9.13
Add Paragraph 9.13 to read: "Both the Architect and the Owner agree that the proper venue for any
dispute arising under this Agreement is Baytown, Harris County. Texas."
12.53 Paragraph 9.1.3
Add Paragraph 9.14 to read: "Tlie Architect's basic services and compensation is based on the Project
being competitively bid and die construction contract being between the Owner and one General
Contractor. No other separate contracts, other than those contracts between the Architect and its
Consultants are to be administered by the Architect or die Architect's sul s."
Architect Owner
Attachment A
B151 — 1997 Agreement between
The City of Baytown and Dennis R Hancock
Dated 28 April 1999
Page 07
12.54 Subparagraph 10.2.1
Insert between "Expenses"
approval and ".
12.55 Clause 10.2.1.1
Delete in its entirety.
12.56 Clause 10.2.1.3
Delete in its entirety.
I2.57 Clause 10.2.1.6
Delete in its entirety.
12.58 Clause 10.2.1.7
Delete in its entirety.
and "are" in the first line, the phrase "require the Owners prior written
12.59 Subparagraph 10.2.2
Add Subparagraph 10.2.1 to read: Included in the Architect's basic compensation and for the
performance of basic services is the cost of reproduction (including providing bid documents for up to
(5) five bidders and providing to the Owner up to (5) five review sets of approved documents
representing the Schematic, Design Development and Construction Document phases of service),
postage, handling and delivery of instruments of service, transportation, and telephone.
12.60 Subparagraph 11.3.3
Insert ",civil" after the word "mechanical ".
12.61 Add Subparagraph 11.5.4 to read as follows:
The Owner shall notify the Architect in writing within ten (10) days of the of the Owner's receipt of the
Architect's invoice of any disputed amounts therein and the reason for which the Owner disputes
payment to the Architect. All undisputed amounts shall be paid in accordance with this Agreement.
Upon notification of any disputed amounts, both the Owner and the Architect will diligently attempt to
resolve the disputed matter. Upon resolution of the disputed amount, dtc Owner will, within seven (7)
days, make payment to the Architect any amounts mutually agreed to be owing to the Architect.
12.62 THE ARCHITECT AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND
DEFEND THE OWNER, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREAFTER,
WHETHER SINGULAR OR PLURAL, COLLECTIVELY REFERRED TO AS "OWNER ")
FROM AND AGALYST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION,
SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF THE
ARCHITECT (DENNIS R. HANCOCK) OR THE ARCHITECT'S EMPLOYEES
(HEREINAFTER, WHETHER SINGULAR OR PLURAL, COLLECTIVELY REFERRED TO
AS THE " ARCHITECT-). IN THE EVENT OF PERSONAL INJURY TO OR DEATH OF
THE ARCHITECT, SUCH INDEMNITY SHALL APPLY (1) TO THE FULLEST EXTENT
ALLOWED BYLAW AND (I1) TO THE EXTENT ALLOWED REGARDLESS OF WHETHER
THE CLAIMS, LOSSES, DAN-IAGES, CAUSES OF ACTION, SUITS OR LIABILITY ARISE IN
WHOLE OR IN PART FROM THE NEGLIGENCE OF THE OWNER IN WHOLE OR IN
PART FROM THE NEGLIGENCE OF THE ARCHITECT. IT IS THE EXPRESSED
INTENTION OF THE PARTIES HERETO, BOTH THE ARCHITECT AND THE OWNER,
THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE
ARCHITECT TO INDEMNITY AND PROTECT THE OWNS Ol► HE
Attachment A
B151 — 1997 Agreement between
is The City of Baytown and Dennis R. Hancock
Dated 28 April 1999
Page 08
CONSEQUENCES OF (1) THE OWNER'S OWN NEGLIGENCE TO THE EXTENT ALLOWED
BY LAW, WHERE THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE
RESULTING INJURY OR DEATH OF THE ARCHITECT AND /OR (ED THE ARCHITECT'S
JOINT AND /OR SOLE NEGLIGENCE. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER,
TO LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY
DAMAGE OF PERSONS OTHER THAN THE ARCHITECT THAT IS CAUSED BY OR
RESULTS FROM THE NEGLIGENCE OF THE OWNER OR PERSONS OTHER THAN THE
ARCHITECT. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT
AGAINST THE CITY BY REASON OF ANY OF THE ABOVE, THE ARCHITECT FURTHER
AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL
COUNSEL ACCEPTABLE TO THE OWNER-
The indemnity provided hereinabove shall survive the termination and/or expiration of this Agreement.
The Architect assumes full responsibility for his services performed hereunder and hereby releases,
relinquishes and discharges the Owner, its officers, agents, and employees from all claims, demands, and
causes of action of every kind and character for any injury to or death of any person and/or any loss of or
damage to any property that is caused by or alleged to be caused by, arising out of, or in connection with
the Architect's services to be performed hereunder. This release shall apply with respect to the Architect's
services regardless of whether said claims, demands, and causes of action are covered in whole or in part
by insurance. Notwithstanding above, this release imposes no financial obligation on the Architect, his
successors or assigns.
The protections afforded to the Owner in hereinabove shall control and supersede any appointment of
liability or release of liability contained elsewhere in the Contract Documents.
12.63 Minimum Insurance Requirements:
Throughout the term of this Agreement, the Architect at is own expense shall purchase, maintain and
keep in force and effect insurance against claims for injuries to or death of persons or damages to
property which may arise out of or result from the ARCHITECT's operations and/or performance of the
service under this Agreement, whether such operations and or performance be by the ARCHITECT, its
agents, representatives, volunteers, employees or consultants, or by anyone directly or indirectly
employed by any of them or by anyone for whose acts any of them may be liable.
The ARCHITECT's insurance coverage shall be primary insurance with respect to the OWNED its
officers, agents and employees. Any insurance or self - insurance maintained by the OWNER, its
officials, agents and employees shall be considered in excess of tic ARCHITECT's insurance and shall
not contribute to it. Further, the ARCHITECT sliall include all consultants as additional insureds under
its commercial general liability policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
The following is a list of standard insurance policies along with their respective minimum
coverage amounts required in this contract:
Commercial General Liability (CGL)
General Aggregate: S1,000,000
Products & Completed Operations: S 1,000,000
Personal & Advertising Injury: $1,000,000
Per Occurrence: 5500,000
a. Coverage shall be at least as broad as ISO CG 00 01 10 9"
Architect Owner
Attachment A
B151 — 1997 Agreement between
The City of Baytown and Dennis R. Hancock
Dated 28 April 1999
Page 09
b. No Coverage shall be excluded from standard policy without notification of individual
exclusions being attached for review and acceptance.
Business Auto mobile Policy (BAP) , -
Combined Single Limits: $500,000
a. Coverage for "Any Auto."
Errors & Omissions (E & O)
Limit: 51,000,000
a. For all architects, engineers, and/or design companies.
b. CIaims -made form is acceptable.
b. Coverage will be in force for three (3) years after project is completed.
Workers' Compensation
a. Statutory Limits
b. Employer's Liability $500,000
c. Waiver of Subrogation required.
d. Should the Architect or any of his subconsultants have no employees, Architect and/or such
subconsultants shall sign an affiicavit to such effect and shall indemnify, protect, and defend
the Owner from any claim arising from a person claiming to be an employee of the
Architect or subconsultants.
Upon execution of Iltis contract or prior ro the ARCHITECT or its CONSULTANTS commencing
services, ARCHITECT shall file with the OWNER valid Cenficates of Insurance and endorsements
acceptable to the OWNER. Such Certificates shall contain a provision that coverage afforded under the
policies will not be canceled, suspended, voided, or reduced until at thirty (30) days' prior written notice
has been given to the OWNER via certified mail, return receipt requested.
The ARCHITECT shall also file with the OWNER valid Certificates of Insurance cover all
subcontractors.
The following are general requirements applicable to all policies:
a. AM Best Rating of A VII or better.
b. Insurance carriers licensed and admitted to do business in State of Texas will be accepted.
c. Liability policies will be on occurrence torn. E &O can be on claims -made form.
d, City of Baytown, its officials and employees arc to be added as Additional Insured to liability
policies.
e. Upon request of and without cost to City of Baytown, certified copies of all insurance policies and/or
certificates of insurance shall be furnished to City of Ba--7own's representative. Certificates of
insurance showing evidence of insurance coverage shall be provided to City of Baytown's
representative prior to execution of this agreement or prior to commencement of services.
f. Upon request of and without cost to City of Baytown, loss runs of any and/or all insurance coverage
shall be furnished to City of Baytown's representative.
g. City of Baytown reserves the right to reject any proposal dial does not meet the minimum insurance
requirements outlined above.
End of Attachment A
Architect Owner