Ordinance No. 9,419ORDINANCE NO.- 9419
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND
ATTEST TO A CONTRACT WITH HELLMUTH, OBATA AND KASSABAUM, L.P.,
FOR THE DESIGN, ENGINEERING AND DEVELOPMENT OF THE EXPANSION AND
RENOVATION OF THE WAYNE GRAY SPORTS COMPLEX; AUTHORIZING
PAYMENT IN AN AMOUNT UP TO TWO HUNDRED TWENTY -FOUR THOUSAND
AND NO /100 DOLLARS ($224,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; 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 to execute a contract with Hellmuth, Obata and Kassabaum, L.P., for the design, engineering and
development of the expansion and renovation of the Wayne Gray Sports Complex. A copy of said contract is
attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown, Texas, authorizes payment to Hellmuth,
Obata and Kassabaum, L.P., in an amount up to TWO HUNDRED TWENTY -FOUR THOUSAND AND
NO /100 DOLLARS ($224,000.00) for professional architectural services in accordance with the contract.
Section 3: That the City Manager is hereby granted general authority to approve a decrease or an
increase in costs by TWENTY -FIVE THOUSAND AND NO 1100 DOLLARS ($25,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty -five percent (25 %).
Section 4: 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 12`h day of September, 2002.
PETE C. ALFARO, Mayor
ATTEST:
4L
GARY W/. SMITH, City Clerk
APPROVED AS TO FORM:
C: L , , D e'r.' �- -
ACIO RAMIREZ, SR., t ttorney
F:Ueanene\My Documents\ Counci1\01 -02\ September\ ArchitectAgreementWithHOK4WGraySponsComplex .doc
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1 9 9 7 E D I T 1 0 N
AIA DOCUMENT
8141 -1997
Standard Form of Agreement Between Owner and Architect
with Standard Form of Architect's :Services
AGREEMENT made as of the fourth day of September
in the year 2r r 2.
(fn words, indicate day, month and year)
B E T W E E N the Architect's client identified as the Owner:
(Name, address and other inFornaation)
City of Baytown
Parks & Recreation Dept.
2407 Market Street
P.O. Box 424
Baytown, TX 77522 -0424
and the Architect:
(Name, address and other information)
Hellmuth, Obata + Kassabaum,.L.P.
2800 Post Oast Blvd., Suite 3700
Houston, TX 77056
For the following Project:
(Include detailed description of Project)
"The Wayne Gray Sports Complex Project, :;including renovation of
existing playing fields; construction of new playing fields and
courts; construction of a central pavilion building; site lighting;
parking and roadways; utility construction; landscaping and water
features."
The Owner and Architect agree as follows. EMIT A
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1937, 01997 by The American
Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AIA violates the copyright laws of the United States and wi ?I subject the violator to legal prosecu-
tion.
This document has important
legal consequences.
Consultation with an
attorney is encouraged
with respect to its
completion or modification.
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
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0 199 7 . AIA®
AIA DOCUMENT 8141 -1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
® ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based on the following information and assumptions.
(lVoic the disposition for the following items by inserting the rei7ue5tcd information or a statement such as "not
applicable," `unknown at time of execution "or °to be determined later by maatual agreement. ")
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
(identify or describe, if appropriate, proposed use or goals.)
Park /recreational facilities to be used by the public.
1.1.2.2 The physical parameters are:
(Identify or describe, if appropriate, size, location, dimensions, or other pertinent information,
such as geotechnical reports about the site.)
A 60 acre (plus or minus) site in Baytown, Texas bounded by North Main Street
and East Road.
1.1.2.3 The Owner's Program is:
(Identify documeniation or state the manner in which the program will be developed.)
Renovation of existing facilities and construction of new facilities as described
in Exhibit "A ", the memorandum to Bob Deiper from Carl Contella, dated 5/1/02.
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.)
As described in the survey prepared by Busch, Hutchison and Associates, Inc.
dated 01/08/02
1.1.2.5 The Financial parameters are as follows.
.I Amount of the Owner's overall budget for the Project, including the Architect's
compensation, is: $2,190,000.
.2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's
compensation, is: $1 , 971 , 000
1.1.2.6 The time parameters are:
(Identify, if appropriate, milestone dates, durations or fast track scheduling.)
Contract Negotiation 2 weeks
Design Phase 24 weeks
Bidding Phase 6 weeks
Construction Phase 36 weeks
1.1.1.7 The proposed procurement or delivery method for the Project is:
(Identify method such as competitive bid, negotiated contract, or construction management.)
Unknown at time of execution.
IIII
D O
1.1.2.8 Other arameters are: °
P oo.�.00
(Identify special characteristics or needs of the Project such as energy, environmental or historic preservation r �7
requirements.)
®1997 AIAM
To be determined later by mutual agreement. AIA DOCUMENT 8141 -1997
STANDARD FORM
® AGREEMENT
The American Institute
of Architects
1135 New York Avenue, N.W.
Washington, O.C. 20006 -5292
WARNING: Unlicensed photocopying vlotates US. copyright laws and will subject the violator to legal prosecution.
1.1.3 PROJECT TEAM
® 1.13.1 The Owner's Designated Representative is: W. R. Pederson
(List name, address and other information.) City of Baytown
Engineering Dept.
2401 Market Street
P.O. Box 424
Baytown, TX 77522 -0424
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: Scott Johnson
(List name, address and other information.) Parks & Recreation Dept.
2407 Market Street
P.O. Box 424
Baytown, TX 77522 -0424
1.1.3.3 The Owner's other consultants and contractors are:
(List discipline and, if known, identify them by name and address.)
Unknown at the time of execution.
1.1.3.4 The Architect's Designated Representative is:
(List name, address and other information.)
1.1.3.5 The consultants retained at the Architect's expense are:
(List discipline and, if known, identify them by name and address.)
Ron Slade, ASLA
Hellmuth, Obata + Kassabaum, L.F.
2500 Post Oak Blvd., Suite 3700
Houston, TX 77056
The Architect's consultantsare given in Exhibit "D ", "List of Consultants and Fees."
1.1.4 Other important initial information is:
Not applicable.
11.5 When the services under this Agreement include contract administration services, the 1111
General Conditions of the Contract for Construction shall be the edition of AIA Document A2oi
current as of the date of this Agreement, or as Follows: oo•.DO
r
O 1997 AIAO
1.1.6 The information contained in this Article 1.1 may be reasonably relied upon b the Owner A DOCUMENT 8141 -1997
p y ST STANDARD FORM ;
and Architect in determining the Architect's compensation. Both parties, however, recognize that AGREEMENT
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 The American Institute '
of Architects ,
Paragraph 1.3.3. 1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
ct
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. F
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.
•
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 Owner shall not significantly increase or decrease the
overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies
included in the overall budget or a portion of the budget, without the agreement of the Architect
to a corresponding change in the Project scope and quality.
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 in a timely manner pertaining to documents submitted by
the architect in order to avoid unreasonable delay in the orderly and sequential progress of the
Architect's services.
1.2.2.4 The Owner shall furnish the services of consultants other than those designated in
Paragraph 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 reasonably required by the scope of the Project.
1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections
and reports required by law or the Contract Documents, such as structural, mechanical, and
chemical tests, tests for air and water pollution, and tests for hazardous materials.
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 Owner shall provide prompt written notice to the Architect if the Owner becomes
aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in
the Architect's Instruments of Service.
1.2.3 ARCHITECT
1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants
shall be as enumerated in Article 14
1.2.3.2 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 performance of the Architect's services which initially
shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which shall be
adjusted, if necessary, as the Project proceeds. This schedule shall include 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. Time limits
established by this schedule approved by the Owner shall not, except for reasonable cause, be
exceeded by the Architect or Owner.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
01997 Ai A®
AIA DOCUMENT 8141 -1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
® 1.2.3.3 The Architect's Design ;aeii 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 law, create the
risk of significant harm to the public or prevent the Architect from establishing a claim or defense
in ail adjudicator}, proceeding. The Architect shall require of the Architect's consultants similar
agreements to maintain the con- fidenbality of information specifically designated as confidential
by the Owner.
1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any
activity, or accept any employment, interest or contribution that would reasonably appear to
compromise the Architect's professional judgment with respect to this Project.
1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's
services. The Architect shall respond in the design of the Project to requirements imposed by
governmental authorities having jurisdiction over the Project.
1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and
information furnished by the Owner. The Architect shall provide prompt written notice to the
Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services
or information.
ARTICLE 1.3 TERMS AND CONDITIONS
1.3.1 COST OF THE WORK
1.3.1.1 The Cost of the \-\fork 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.
1.3.1.2 The Cost of the bvork 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.
1.3.13 The Cost of the Work 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 responsibility of the Owner.
1.3.2 INSTRUMENTS OF SERVICE
Ili 1.3.2.1 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 sole -
a ly with respect to this Project. The Architect and the Architect's consultants shall be deemed the
°oa..00 authors and owners of their respective Instruments of Service and shall retain all common law,
t� statutory and other reserved rights, including copyrights.
0) 19 97 AIA®
AIA DOCUMENT 8141 -1997 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive
STANDARD FORM
• AGREEMENT 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,
The American Institute including prompt payment of all sums when due, under this Agreement. The Architect shall
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
ra:
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
obtain similar nonexclusive licenses from the Architect's consultants consistent with this
Agreement. Any termination of this Agreement prior to completion of the Project shall terminate
this license. Upon such termination, the Owner shall refrain from making further reproductions
of Instruments of Service and shall return to the Architect within seven days of termination all
originals and reproductions in the Owner's possession or control. If and upon the date the
Architect is adjudged in default of this Agreement, the foregoing license shall be deemed
terminated and replaced by a second, nonexclusive license permitting the Owner to authorize
other similarly credentialed design professionals to reproduce and, where permitted by law, to
make changes, corrections or additions to the Instruments of Service solely for purposes of
completing, using and maintaining the Project.
1.3.2.3 Except for the licenses granted in Subparagraph 1.3.2.2, 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 Subparagraph 1.3.2.2. 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.
1.3.2.4 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 format of such Instruments of Service or electronic data,
including any special limitations or licenses not otherwise provided in this Agreement.
1.33 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 circumstances beyond the Architect's
control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In the
absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing
such services. If the Owner deems that all or a part of such Change in Services is not required, the
Owner shall give prompt written notice to the Architect, and the Architect shall have no
obligation to provide those services. Rxcept 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
Paragraph 1.5.5.
13.3.2 If any of the following circumstances affect the Architect's services for the Project,
the Architect shall be entitled to an appropriate adjustment in the Architect's schedule
and compensation:
.t change in the instructions or approvals given by the Owner that necessitate revisions in
® Instruments of Service; .
.2 enactment or revision of codes, laws or regulations or official interpretations which
necessitate changes to previously prepared Instruments of Service;
. ... .. ,_..._ ...:,, .6_ ...1_ „,1 ...,,— -i .,
01997 AIA(ID
AIA DOCUMENT B141 -1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
9
® .3 decisions of the Owner not rendered in a timely manner;
.4 significant change in the Project including, but not limited to, size, duality, complexity,
the Owner's scheduic or budget, or procurement method;
.s failure of performance on the Part of the Owner or the Owner's consultants
or contractors;
.6 preparation for and attendance at a public hearing, a dispute resolution proceeding or
a legal proceeding except where the Architect is party thereto;
.7 change in the information contained in Article 1.1.
1.3.4 MEDIATION
1.3.4.1 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 Cling deadlines prior to resolution of the matter by mediation or
by arbitration.
1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in
question between them by mediation which, unless the parties mutually agree otherwise, shall be
in accordance 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 Cling 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.
1.3.4.3 The parties shall share the mediator's fee 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.
Agreements reached in mediation shall be enforceable as settlement agreements in any court
having jurisdiction thereof.
1.3.5 ARBITRATION
1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement
shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by
mediation in accordance with Paragraph 1.3.4.
1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by
mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall
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.
ll�l 1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute
a or other matter in question has arisen. In no event shall the demand for arbitration be made after
oo..00° 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.
C 1997 AIA®
A!A DOCUMENT 3141 -1997 1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation
STANDARD FORM
® AGREEMENT or joinder or in any other manner, an additional person or entity not a party to this Agreement,
except by written consent containing a specific reference to this Agreement and signed by the
The American Institute Owner, architect, and any other person or entity sought to be joined. Consent to arbitration
r of Architects involving an additional person or entity shall not constitute consent to arbitration of any claim,
rN 1735 New Yor? Avenue, N.W.
Washington, D.C. 20006 -5292
'`i' WARNING: Unlicensed photocopying violates U.S, copyright laws and wilt subject the violator to legal prosecution.
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.
1.3.5.5 The award rendered by the arbitrator or arbitrators shall be Final, and judgment may be
entered upon it in accordance with applicable law in any court having jurisdiction thereof.
1.3.6 CLAIMS FOR CONSEQUENTIAL_ DAMAGES
The Architect and the Owner waive consequential damages for claims, disputes or other matters
in question arising out of or relating to this Agreement. This mutual waiver is applicable, without
limitation, to all consequential damages due to either party's termination in accordance with
Paragraph 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
Architect, unless otherwise provided in Paragraph 1.4.2.
1.3.7.2 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.
1.3.7.3 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.
13.7.4 To the extent damages are covered by property insurance during construction, the Owner
and the Architect waive all rights against each other and against the contractors, consultants,
agents and employees of the other for damages, except such rights as they may have to the
proceeds of such insurance as set forth in the edition of AIA Document A2oi, 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.
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 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 form at the Project site.
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 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.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
01997 AIAO
AIA DOCUMENT 8141 -1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1135 New York Avenue, N.W.
Washington, D.C. 20006 -5292
91
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7i:!
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0 19 9 7 A I A
AIA COCUMENT 8141 -1997
STANDARD FORM
®AGREEMENT
The American Institute
of Architects
: 1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
1.3.7.8 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.
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. 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.
1.18.2 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
resumption of the Architect's services. The Architect's fees for the remaining services and the time
schedules shall be equitably adjusted.
1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than go
consecutive days, the Architect may terminate this Agreement by giving not less than seven days'
written notice.
1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written
notice should the other party fail substantially to perform in accordance with the terms of this
Agreement through no fault of the party initiating the termination.
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.
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 and all Termination Expenses as defined in Subparagraph 1.3.3.7.
1.3.8.7 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 for the Architect's anticipated profit on the value of the services not
performed by the Architect.
;Q• WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
13.9 PAYMENTS TO THE ARCHITECT
1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall
be made monthly upon presentation of the Architect's statement of services. No deductions shall
be made 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.
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 transportation in conneciion with the Project, authorized out -of -town travel and
subsistence, and electronic communications;
.2 fees paid for securing approval of authorities having jurisdiction over the Project;
.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
by the Owner;
.s renderings, models and mock -ups requested by the Owner;
.s expense of professional liability insurance dedicated exclusively to this Project or the
expense of additional insurance coverage or limits requested by the Owner in excess of
that normally carried by the Architect and the Architect's consultants;
.7 reimbursable expenses as designated in Paragraph 1.5.5;
.a other similar direct Project - related expenditures.
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.
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 taxes 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 Agreement comprises the
documents listed below.
1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document 13141 -1997
1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA
Document 11141 -1997, or as follows:
(List other documents, if any, delineating Architect's scope of services.)
Exhibit "C" "Scope of Services."
1.4.1.3 Other documents as follows:
(List other documents, if any, forming part of tire Agreement.)
Not applicable.
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;, % 70 1
® 1997 AIA®
AIA DOCUMENT 8141 -1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
a
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this agreement
are as follows:
Special terms and conditions are given in Exhibit "B ", "Supplemental Conditions"
attached herein.
ARTICLE 1.5 COMPENSATION
1.5.1 For the Architect's services as described under Article 1.4, compensation shall be
computed as follows:
Billing rates for Architect's staff are given in Exhibit "E ", "Billing Rates."
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.
(Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and
employees, and identify Principals and classify employees, if required. Identify specific services to which partic-
ular methods of compensation apply.)
Changes in services shall be calculated at the Architect's standard billing
rates, as agreed to by Architect and Owner.
1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed
as a multiple of one { 1 ) 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 Paragraph 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a
multiple of ten percent ( 1 • 1 ) times the expenses incurred by
the Architect, and the Architect's employees and consultants.
III
1.5.5 Other Reimbursable Expenses, if any, are as follows:
0 0
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op.�.00
To be. determined later by mutual agreement. t�
® 1 9 9 7 A I A QD
AIA DOCUMENT 8141 -1997
STANDARD FORM
. AGREEMENT
the American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
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0
1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set
forth in this Agreement shall be adjusted in accordance with their normal salary review practices.
1.5.7 An initial payment of Zero Dollars
(S } shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the Owner's account at final payment.
Subsequent payments for services shall be made monthly, and where applicable, shall be in
proportion to services performed on the basis set forth in this Agreement.
1.5.8 Payments are due and payable Thirty ( 30 ) days from the date
of the Architect's invoice. Amounts unpaid Sixty { 60 ) 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 agreed upon.)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit
laws and other regulations at 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 ntodif ications, and also re ardi requirements such as written disclosures or waivers.)
1.5.9 If the services covered Agreement have not been completed within
} months of the date hereof, through no fault of the
Architect, extension of the Azchit ct's services beyond that time shall be compensated as
provided in Paragraph 1.5.2.
This Agreement entered into as of the day and year first written above,
O W N E R (Signature) R C H I T E C T (Signature)
W.R. Pederson, Director of
(Printed name and title) Engineering
Ronald L. Slade, ASLA, Project Director
(Printed name and title)
eAUT►ON: You should sign an original AIA document or a licensed reproduction. Originals contain the AIA logo
printed in red; licensed reproductions are those produced in accordance with the Instructions to this document.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
�11��i,
i'� ��
4ii A i
0 1 9 9 7 A I A
ALA DOCUMENT B141 -1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1135 New York Avenue, N.W.
Washington, D.C. 20006 -5292
7
•
•
1 9 9 7 E D I T I O N
AIA DOCUMENT
Standard Form of Architect's Services:
Design and Contract Administration
TABLE OF ARTICLES
2.1 PROJECT ADMINISTRATION SERVICES
2.2 SUPPORTING SERVICES
2.3 EVALUATION AND PLANNING SERVICES
2.4 DESIGN SERVICES
2.5 CONSTRUCTION PROCUREMENT SERVICES
2.6 CONTRACT ADMINISTRATION SERVICES
2.7 FACILITY OPERATION SERVICES
2,8 SCHEDULE OF SERVICES
2.9 MODIFICATIONS
Copyright 1917, 1926, 1943, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 01997 by The American
Institute of Architects. Reproduction of the material herein or substantial 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 prosecu-
tion.
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B141 -1997
This document has impor-
tant legal consequences.
Consultation with an
attorney is encouraged
with respect to its
completion or modification.
l \� /�!
n =:
0 1 9 9 7 A I A
AIA DOCUMENT 8147 -1997
STANDARD FORM
SERVICES
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
Xj
G
ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES
2.1.1 The Architect shall manage the Architect's services and administer the Project. The
Architect shall consult with' the Owner, research applicable design criteria, attend Project
meetings, communicate with members of the Project team and issue progress reports. The
Architect shall coordinate the services provided by the Architect and the Architect's consultants
with those services provided by the Owner and the Owner's consultants.
2.1.2 \When Project requirements have been sufficiently identified, the Architect shall prepare,
and periodically update, a Project schedule that shall identify milestone dates for decisions
required of the Owner, design services furnished by the Architect, completion of documentation
provided by the Architect, commencement of construction and Substantial Completion of the
Work.
2.1.3 The Architect shall consider the value of alternative materials, building systems and
equipment, together with other considerations based on program, budget and aesthetics in
developing the design for the Project.
2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the design
of the Project to representatives of the Owner.
2.1.5 The Architect shall submit design docu vents to the Owner at intervals appropriate to the
design process for purposes of evaluation and approval by the Owner. The Architect shall be
entitled to rely on approvals received from the Owner in the further development of the design.
2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for
filing documents required for the approval of governmental authorities having jurisdiction over
the Project.
2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK
2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall
prepare a preliminary estimate of the Cost of the \•York. This estimate may be based on current
area, volume or similar conceptual estimating techniques. As the design process progresses
through the end of the preparation of the Construction Documents, the Architect shall update
and refine the preliminary estimate of the Cost of the Work, The Architect shall advise the Owner
of any adjustments to previous estimates of the Cost of the \Nork indicated by changes in Project
requirements or general market conditions. If at any time the Architect's estimate of the Cost of
the \•Nork exceeds the Owner's budget, the Architect shall make appropriate recommendations to
the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the
Architect in making such adjustments.
2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of
the \•Vork and updated estimates of the Cost of the \•Nork prepared by the Architect represent the
Architect's judgment as a design professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the Owner has control over the cost of labor,
Z1. o
materials or equipment, over the Contractor's methods of determining bid prices, or over
1-�6 ••o�
competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and
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does not warrant or represent that bids or negotiated prices will not vary from the Owner's
® 1 9 9 7 A I A ®
budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or
AIA DOCUMENT 8141 -1997
agreed to by the Architect.
STANDARD FORM
SERVICES
®
The American Institute
li of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
7'
?:
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2.1.7.3 In preparing estimates of the Cost of the Work, 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 estimated Cost of the Work to meet
the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring after
execution of the Contract between the Owner and the Contractor causes the budget for the Cost
of the Work to be exceeded, that budget shall be increased accordingly.
2.1.7.4 If bidding or negotiation has not commenced within go days after the Architect submits
the Construction Documents to the Owner, the budget for the Cost of the Work shall be
adjusted to reflect changes in the general level of prices in the construction industry.
2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or
negotiated proposal, the Owner shall:
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 terminate in accordance with Subparagraph 1.3.8.5; or
.4 cooperate in revising the Project scope and duality as required to reduce the Cost of the
Work.
2.1.7.6 If the Owner chooses to proceed under Clause 2.1.7.5.4, the Architect, without additional
compensation, shall modify the documents for which the Architect is responsible under this
Agreement as necessary to comply with the budget for the Cost of the Work. The modification of
.such documents shall be the limit of the Architect's responsibility under this Paragraph 2.1.7. The
Architect shall be entitled to compensation in accordance with this Agreement for all services
performed whether or not construction is commenced.
ARTICLE 2.2 SUPPORTING SERVICES
2.2.1 Unless specifically designated in Paragraph 2.8.3, the services in this Article 2.2 shall be
provided by the Owner or the Owner's consultants and contractors.
2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule,
constraints and criteria, including space requirements and, relationships, special equipment,
systems and site requirements.
2.2.1.2 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
and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimen-
sions 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
below grade, including inverts and depths. All the information on the survey shall be referenced
to a Project benchmark.
2.2.1.3 The Owner shall furnish services of geotechnical engineers which may include but are not
limited to test borings, test pits, determinations of soil bearing values, percolation tests, evalua-
tions of hazardous materials, ground corrosion tests and resistivity tests, including necessary
® operations for anticipating subsoil conditions, with reports and appropriate recommendations.
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0 199 A I A 0
AIA DOCUMENT 3141 -1997
STANDARD FORM
SERVICES
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
7M
ARTICLE 2.3 EVALUATION AND PLANNING SERVICES
2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the
Owner under this Agreement, including the Owner's program and schedule requirements and
budget for the Cast of the Work, each in terms of the other. The Architect shall review such
information to ascertain that it is consistent with the requirements of the Project and shall
notify the Owner of any other information or consultant services that may be reasonably needed
for the Project.
2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project
based on the information provided by the Owner of site conditions, and the Owner's
program,
schedule and budget for the Cost of the Work.
2.3.3 The Architect shall review the Owner's proposed method of contracting for construction
services and shall notify the Owner of anticipated impacts that such method may have on the
Owner's program, financial and time requirements, and the scope of the Project.
ARTICLE 2.4 DESIGN SERVICES
2.4.1 The Architect's design services shall include normal structural, mechanical and electrical
engineering services.
2.4.2 SCHEMATIC DESIGN DOCUMENTS
2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed-
upon program, schedule, and budget for the Cost of the NVork. The documents shall establish the
conceptual design of the Project illustrating the scale and relationship of the Project components.
The Schematic Design Documents shall include a conceptual site plan, if appropriate, and
preliminary building plans, sections and elevations. At the Architect's option, the Schematic
Design Documents may include study models, perspective sketches, electronic modeling or com-
binations of these media. Preliminary selections of major building systems and construction
materials shall be noted on the drawings or described in writing.
2.4.3 DESIGN DEVELOPMENT DOCUMENTS
2.4.3.1 The Architect shall provide Design Development Documents based on the approved
Schematic Design Documents and updated budget for the Cost of the Work. The Design
Development Documents shall illustrate and describe the refinement of the design of the Project,
establishing the scope, relationships, forms, size and appearance of the Project by means of plans,
sections and elevations, typical construction details, and equipment layouts. The Design
Development Documents shall include specifications that identify major materials and systems
and establish in general their quality levels.
2.4.4 CONSTRUCTION DOCUMENTS
2.4.4.1 The Architect shall provide Construction Documents based on the approved Design
Development Documents and updated budget for the Cost of the Work. The Construction
Documents shall set forth in detail the requirements for construction of the Project. The
Construction Documents shall include Drawings and Specifications that establish in detail the
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o. o
quality levels of materials and systems required for the Project.
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2.4.4.2 During the development of the Construction Documents, the Architect shall assist the
®I s 9 7 A I A
AIA DOCUMENT 8141 -1997 7
Owner in the development and preparation of. (t) bidding d procurement information which
an
STANDARD FORM
describes the time, place and conditions of bidding; bidding or proposal forms; and the form of
SERVICES
agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for
Construction (General, Supplementary Conditions).
The American Institute
and other The Archi tect also shall compile
of Architects
l
the Project Manual that includes the Conditions of the Contract for Construction and
1135 New York Avenue, N.W.
Specifications and may include bidding requirements and sample forms.
Washington, D.C. 20005.5292
.t
H• r.
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• ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES
2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated
proposals and shall assist the Owner in awarding and preparing contracts for construction.
2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or con-
tractors.
2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determi-
nation of the successful bid or proposal, if any. If requested by the Owner, the Architect shall noti-
fy all prospective bidders or contractors of the bid or proposal results.
2.5.4 COMPETITIVE BIDDING
2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms,
General Conditions and Supplementary Conditions, Specifications and Drawings.
2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of
Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for the
cost of reproduction or shall reimburse the Architect for such expenses.
2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to
prospective bidders and request their return upon completion of the bidding process. The
Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any,
received from and returned to prospective bidders.
2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding
Documents, and shall prepare and distribute addenda identifying approved substitutions to all
prospective bidders.
2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct
a pre -bid conference for prospective bidders.
2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide
clarifications and interpretations of the Bidding Documents to all prospective bidders in the form
of addenda.
2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct
the opening of the bids. The Architect shall subsequently document and distribute the bidding
results, as directed by the Owner.
-2.5.5 NEGOTIATED PROPOSALS
2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms,
General Conditions and Supplementary Conditions, Specifications and Drawings.
2.5.5.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of
Proposal Documents for distribution to prospective contractors. The Owner shall pay directly for
the cost of reproduction or shall reimburse the Architect for such expenses.
2.5.5.3 If requested by the Owner, the Architect shall organize and participate in selection inter-
views with prospective contractors.
® 2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the Proposal
Documents, and shall prepare and distribute addenda identifying approved substitutions to all
prospective contractors.
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AIA DOCUMENT 8141 -1997
STANDARD FORM
SERVICES
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5293
7
2.5.5.5 If requested by the Owner, the Architect shall assist the Owner during negotiations with
prospective contractors. The Architect shall subsequently prepare a summary report of the
negotiation results, as directed by the Owner.
ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES
2.6.1 GENERAL ADMINISTRATION
2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the
Contractor as set forth below and in the edition of AIA Document A201, General Conditions of
the Contract for Construction, current as of the date of this Agreement. Modifications made to
the General Conditions, when adopted as part of the Contract Documents, shall be enforceable
under this Agreement only to the extent that they are consistent with this Agreement or approved
in writing by the Architect.
2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this
Agreement commences with the award of the initial Contract for Construction and terminates at
the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be
entitled to a Change in Services in accordance with Paragraph 2.8.2 when Contract
Administration Services extend 6o days after the date of Substantial Completion of the Work.
2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner dur-
ing the provision of the Contract Administration Services. The Architect shall have authority to
act on behalf of the Owner only to the extent provided in this Agreement unless otherwise
modified by written amendment.
2.614 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6
shall not be restricted, modified or extended without written agreement of the Owner and
Architect with consent of the Contractor, which consent will not be unreasonably withheld.
2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for
additional information about the Contract Documents. A properly prepared request for
additional information about the Contract Documents shall be in a form prepared or approved
by the Architect and shall include a detailed written statement that indicates the specific Drawings
or Specifications in need of clarification and the nature of the clarification requested.
2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare,
reproduce and distribute supplemental Drawings and Specifications in response to requests for
information by the Contractor.
2.6.1.7 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 be made in writing
within any time limits agreed upon or otherwise with reasonable promptness.
III` 2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and
0 o reasonably inferable from the Contract Documents and shall be in writing or in the form of
oo••oo drawings. 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,
0 1 9 9 7 A I A 0 and shall not be liable for the results of interpretations or decisions so rendered in good faith.
AIA DOCUMENT 8141 -1997
STANDARD FORM
SERWCES 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question
® between the Owner and Contractor as provided in the Contract Documents. However, the
The American tnstitute Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the
" of Architects
1735 New York Avenue, N.W. intent expressed in the Contract Documents.
a Washington, D.C. 20006 -5292
,• rs.
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•
2.6.2 EVALUATIONS OF THE WORK
2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate
to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect
in Article 2.5, (1) to become generally familiar with and to keep the Owner informed about the
progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner
against defects and deficiencies in the Work, and (3) to determine in general if the Work is being
performed in a manner indicating that the Work, when fully completed, will be in accordance
with the Contract Documents. However, the Architect shall not be required to make exhaustive or
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 \-York, since these are solely the Contractor's rights and responsibilities under the Contract
Documents.
2.6.2.2 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 failure 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.
2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or
progress.
2.6.2.4 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.
2.6.2.5 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 will 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.
2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR
2.6.11 The Architect shall review and certify the amounts due the Contractor and shall issue
Certificates for Payment in such amounts. The Architect's certification for payment shall
constitute a representation to the Owner, based on the Architect's evaluation of the Work as pro-
vided in Paragraph 2.6.2 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 knowl-
edge, information and belief, the quality of the Work is in accordance with the Contract
Documents. The foregoing representations are subject (t) to an evaluation of the Work for con-
formance with the Contract Documents upon Substantial Completion, (2) to results of subse-
quent 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.
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O 1997 AIA®
AIA DOCUMENT 8141 -1997
STANDARD FORM
SERVICES
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
71
® 2.6.3.2 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, (z) 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 (a) ascertained
how or for what purpose the Contractor has used money previously paid on account of the
Contract Sum.
141,19 1.
0 199 7 A I A 6
AIA DOCUMENT B141 -1997
STANDARD FORM
® SERVICES
The American Institute
of Architects
-` 1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
2.6.33 The Architect shall maintain a record of the Contractor's Applications for Payment.
2.6.4 SUBMITTALS
2.6.4.1 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 be taken with such reasonable
promptness as to cause no delay in the \ -Vork 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
determining 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.
2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by
the Contractor in accordance with the requirements of the Contract Documents.
2.6.43 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.
2.6.5 CHANGES IN THE WORK
2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the
Owner's approval and execution in accordance with the Contract Documents. The Architect may
authorize minor changes in the Work not involving an adjustment in Contract Sum or an
extension of the Contract Time which are consistent with the intent of the Contract Documents.
If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to
describe 1Nork to be added, deleted or modified, as provided in Paragraph 2.8.2.
2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor
for changes in the Work, including adjustments to the Contract Sum or Contract Time. A
properly prepared request for a change in the Work shall be accompanied by sufficient support-
ing data and.information to permit the architect to make a reasonable determination without
extensive investigation or preparation of additional drawings or specifications. If the Architect
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•
determines that requested changes in the Work are not materially different from the requirements
of the Contract Documents, the Architect may issue an order for a minor change in the Work or
recommend to the Owner that the requested change be denied.
2.6.5.3 If the Architect determines that implementation of the requested changes would result in
a material change to the Contract that may cause an adjustment in the Contract Time or Contract
Sum, the Architect shall make a recommendation to the Owner, who may authorize further
investigation of such change. Upon such authorization, and based upon information furnished by
the Contractor, if any, the Architect shall estimate the additional cost and time that might result
from such change, including any additional costs attributable to a Change in Services of the
Architect. With the Owner's approval, the Architect shall incorporate those estimates into a
Change Order or other appropriate documentation for the Owner's execution or negotiation with
the Contractor.
2.6.5.4 The Architect shall maintain records relative to changes in the Work.
2.6.6 PROJECT COMPLETION
2.6.6.1 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 fonvard 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.
2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative
to check conformance of the Work with the requirements of the Contract Documents and to
verify the accuracy and completeness of the list submitted by the Contractor of 1Vork to be
completed or corrected.
2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the
Owner about the balance of the Contract Sum remaining to be paid the Contractor, including any
amounts needed to pay for final completion or correction of the Work.
2.6.6.4 The Architect shall receive from the Contractor and forward, to the Owner: (1) consent of
surety or sureties, if any, to reduction in or partial release of retainage or the making of final
payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the
Owner against liens.
ARTICLE 2.7 FACILITY OPERATION SERVICES
2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative
promptly after Substantial Completion to review the need for facility operation services.
2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of
Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's
Designated Representative to review the facility operations and performance and to make
appropriate recommendations to the Owner.
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�1� ?11
OMA .
® 1 9 9 7 A I A
AIA DOCUMENT B141 -1997
STANDARD FORM
SERVICES
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
EDI
,
ARTICLE 2.8 SCHEDULE OF SERVICES
• 2.8.1 Design and Contract Administration Services beyond the following limits shall be
provided by the Architect as a Change in Services in accordance with Paragraph 1.3.3:
.1 up to ( ) reviews of each Shop Drawing, Product Data
item, sample and similar submittal of the Contractor.
.2 up to ( ) visits to the site by the Architect over the dura-
tion of the Project during construction.
.3 up to ( ) inspections for any portion of the Work to
determine whether such portion of the Work is substantially complete in accordance
with the requirements of the Contract Documents.
.4 up to ( ) inspections for any portion of the Work to deter-
mine final completion.
0
2.8.2 The following Design and Contract Administration Services shall be provided by the
Architect as a Change in Services in accordance with Paragraph 1.3.3:
.t review of a Contractor's submittal out of sequence from the submittal schedule agreed
to by the Architect;
.2 responses to the Contractor's requests for information where such information is
available to the Contractor from a careful study and comparison of the Contract
Documents, Field conditions, other Owner - provided information, Contractor- prepared
coordination drawings, or prior Project correspondence or documentation;
.3 Change Orders and Construction Change Directives requiring evaluation of proposals,
including the preparation or revision of Instruments of Service;
.4 providing consultation concerning replacement of Work resulting from Ere or other
cause during construction;
.s evaluation of an extensive number of claims submitted by the Owner's consultants, the
Contractor or others in connection with the Work;
.6 evaluation of substitutions proposed by the Owner's consultants or contractors and
making subsequent revisions to Instruments of Service resulting therefrom;
.7 preparation of design and documentation for alternate bid or proposal requests pro-
posed by the Owner; or
.8 Contract Administration Services provided 6o days after the date of Substantial
Completion of the Work.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
eta,
01997 AIA®
AIA DOCUMENT 8141 -1997
STANDARD FORM
SERVICES
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
r:
n
2.83 The Architect shall furnish or provide the following services only if specifically
designated:
Services
Responsibility
(tirchitec7, Owner or Not Provide(l)
Location of Service
Description
.1 Programming
Architect Owner
.2 Land Survey Services
Owner
.3 Geotechnical Services
Owner
.4 Space Schematics /Flow Diagrams
Architect
.s Existing Faci ities Surveys
Architect
.6 Economic Feasibility Studies-
Architect
.7 Site Analysis and Selection
Architect
.e Environmental Studies and Reports
Owner
.9 Owner - Supplied Data Coordination
Architect
.10 Schedule Development and Monitoring
Owner
.11 Civil Design
Architect
.12 Landscape Design
Architect
.13 Interior resign
Architect
.14 Special Bidding or !Negotiation
Architect
.15 Value Analysis
Architect
.16 Detailed Cost Estimating
Owner
.17 On -Site Project Representation
.la Construction Management
Owner
.19 Start-Up Assistance
.2o Record Drawings
Architect
.21 Post- Contract Evaluation
.22 Tenant - Related Services
N/A
.23
.24
.25
Description of Services.
(Insert descriptions of the services designated.)
As described in Exhibit "C" Scope of Services.
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2-ilf
a it
01997 A I A
AIA DOCUMENT 8141 -1997
STANDARD FORM
SERVICES
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
v
ARTICLE 2.9 MODIFICATIONS
® 2.9.1 Nmodifications to this Standard Form of Architect's Services: Design and Contract
Administration, if any, are as follows:
C7
As given in Exhibit "B ", "Supplemental Conditions."
By its execution, this Standard Form of Architect's Services: Design and Contract
Administration and modifications hereto are incorporated. into the Standard Form of Agreement
Between the Owner and Architect, AIA Document 8141 -1997, that was entered into by the parties
as of the date:
O W N E R (Signature)
A R C H I T E C T (Signature)
L.R. Pederson, Director of Engr. Ronald...E. Slade, Project Director
(Printed name and title)
(Printed name and title)
w
44%'
t
O 1997 AIA®
AIA DOCUMENT 8141 -1997
STANDARD FORM
SERVICES
CAUTION: You should sign an original AIA document or a licensed reproduction. Originals contain the AJA logo. The American Institute
printed in red; licensed reproductions are those produced in accordance with the Instructions to this document. of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
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EXHIBIT All
Memomdum
To: Mr. Bob Leiper, Assistant City Manager
From: Carl J. Contella Jr., P.E. for W.R. Pedersen, P.E
Date: May 1, 2002
Re: Engineering Recommendations to the A/E Selection Committee for the
proposed project.
WAYNE GRAY SPORTS COMPLEX EXPANSION AND RENOVATION
PROJECT
Funding: 5 2,164,500 city funds, possible 5500,000 grant and donations of $25,500
Grand Total $2,690,000
Source: NMD funds for 3 years, possible TPWD grant 5500,000 (confirmed
August 30, 2002), Harris County Force account work $25,000 and donations from
Historical Society and Girls Softball Association
Landscape architect, Lauren Griffith, developed a conceptual part: master plan in
January 2002 (plan attached). User groups, citizens, parks board members and the
Baytown Historical Society members met with park staff to develop this plan so as
to meet the needs of all groups involved. A important concept of this master plan
was that the family and youth activities are mainly focused on the East Road or
West end of the park; whereas, the adult activities will be featured on the east end of
the park and the Main Street access.
The plan includes athletic fields including renovation of 4 girls softball fields,
constructing 6 new adult softball fields,_ constructing_3 soccer /football fields and 3
new sand volleyball courts. New buildings proposed include a large central group
pavilion !concession/ restroom building, two smaller restroom storage buildings
near the fields, a maintenance building and an interpretive Cultural Barn Pavilion
/restroom for the Republic of Texas Plaza. The project includes digging a pond for
improving site drainage and for adding additional recreation features with a fishing
dock and a stocking the pond for fishing. Concrete hiking trails will loop thiough
the park connecting the facilities and providing walking trails. A new access road
will come off Main Street, with parking for these new facilities. This new road is to
be lined with the historical grove trees that are now on site and will need to be
0
1
May 6, 2001
® transplanted. The project also includes a new playground, picnic areas, upgrading
the tennis court lights and landscaping.
Our approach is that this project will take approximately three years to complete.
The scope of the project is to prepare plans and specifications, estimates, bid
documents and other work as necessary to complete this project. Our goal is as to
schedule construction so as not to displace our user groups; for example, girls
softball play April to July; therefore, the old fields need to be renovated for the girls
before we tear out the old fields. Therefore we envision a first phase to be grading,
pond construction, utilities, parking and the maintenance building. The second
phase would be the TPWD grant project including the 51,000,000 worth of
recreation facilities development. It is a requirement of the TPWD funding that
separate well- defined plans and specifications are development and approved by
TPWD for this phase of development. And the third and final phase would be the
remaining recreational facilities, more grading and the concession/restroom building
and the two storage /restroom buildings. These phases may change as the
consultants develop budgets and plans.
C.
2
•
EXHIBIT "B"
SUPPLEMENTAL CONDITIONS
These supplemental conditions shall $upersede and control over the Standard Form of Agreement
between the Owner and the Architect with Standard Form of Architect's Services (AIA
Document B141-1997) to the extent that there is conflict.
Article 1.1.2.3 shall be amended to read as follows:
The Owner's Program is:
(Identify documentation or state the manner in which the program will be developed)
Renovation of existing facilities, construction of new facilities as described in the
memorandum to Bob Leiper from Carl Contella dated May 1, 2002, which is attached
hereto as Exhibit "A" and incorporated herein for all intents and purposes.
2. Article 1.1.2.4 shall be amended to read as follows:
The legal parameters are:
(Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and
restrictions of the site.)
As described in the survey prepared by Busch, Hutchison and Associates, Inc., dated
January 8. 2002, which is incorporated herein by this reference for all intents and
purposes.
3. Article 1.1.2.6 shall be amended to read as follows:
It is estimated that the services to be performed pursuant to this agreement will take the
length of time indicated herienbelow:
(Identify-, if appropriate milestone dates, durations or fast track scheduling)
Contract Negotiation
2 weeks
Design Phase
24 weeks
Bidding Phase
6 weeks
Construction Phase
36 weeks
4. Article 1.1.2.8 shall be amended to read as follows:
Other parameters are:
(Identify special characteristics or needs of the Project such as energy, environmental or historic
preservation requirements.)
To be determined later by mutual written agreement.
5. Article 1.1.3.5 shall be amended to read as follows:
The consultants retained at the Architect's expense are
(List discipline and, i(known, identify them by name and address)
Architect's Initials
1 Owner's Initial
® The Architect's consultants are 'listed in Exhibit "D," which is attached hereto and
incorporated herein for all intents and purposes. Any substitute or added consultant shall
be subject to the written approval of the Owner.
6. Article 1. 1.5 shall be amended to read as follows:
When the services under this Agreement include contract administration services, the
General Conditions of the Contract for Construction shall be those approved by the
Owner.
7. Article 1.1.6 shall be deleted in its entirety.
8. Article 1.22.1 shall be amended as follows:
Unless otherwise provided under this Agreement the Owner shall provide information in
a timely manner regarding requirements for and limitations on the Project.
9. Article 1.2.2.2 shall be deleted in its entirety.
10. Article 1.2.2.4 shall be amended to read as follows:
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 reasonably required by the scope of
the Project as determined by the Owner.
11. Article 1.2?.6 shall be amended to read as follows:
The Owner shall furnish all legal, insurance and accounting services, includina auditing
services, that may be reasonably necessary as determined by the Owner at any time for
the project to meet the Owner's needs and Interests.
12. Article 1.2.2.7 shall be amended to read as follows:
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. Failure of the Owner to provide
such prompt written notice, however, shall not be considered a waiver of the right to seek
and enforce all remedies available to the Owner to ensure that the defect or fault and any
subsequent defect or fault is cured to the Owner's satisfaction.
13. Article 1.2.32 shall be amended to read as follows:
The Architect understands and agrees that time is of the essence for the Project and the
services to be performed hereunder. The Architect's services shall be performed with
professional skill and care in accordance with the schedule for the performance of the
Architect's services which is attached hereto as Exhibit "C" and incorporated herein for
all intents and purposes. This schedule shall include 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. Time limits
Architect's lnitials
2 Owner's Initial
established by this schedule approved by the Owner shall not be exceeded by the
Architect.
14. Article 12.3.4 shall be amended to read as follows:
The Architect shall maintain the confidentiality of information of the Owner. The
Architect shall require of the Architect's consultants similar agreements to maintain the
confidentiality of information of the Owner.
15. Article 1.23.5 shall be amended to read as follow:
Except with the Owner's knowledge and prior written consent, the Architect shall not
engage in any activity, or accept any employment, interest or contribution that would
reasonably appear to compromise the Architect's professional judgment with respect to
this Project.
16. Article 1.2.3.7 shall be amended to read as follows:
The Architect shall not be entitled to rely on the accuracy and completeness of services
and information furnished by the Owner, unless so specified 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.
17. The following articles shall be added:
1.2.3.8 The Architect shall exercise usual and customary professional care in the
preparation of drawings and his designation of selection of materials and
equipment and the selection and supervision of his personnel and the performance
of its services pursuant to this contract to meet the recognized industry standards.
1.23.9 The Architect shall procure and maintain at his sole cost and expense for the
duration of the Contract, insurance against claims for injuries 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 subconsultants.
1.2.3.10 The Architect's insurance coverage shall be primary insurance with
respect to the Owner, his officials, employees and agents. Any insurance or self -
insurance maintained by the Owner, his 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 subconsultants, agents and assigns as
additional insureds under its policy or shall furnish separate certificates and
endorsements for each such person or entity. All coverages for subconsultants
and assigns shall be subject to all of the requirements stated herein.
12.3.11 The following is a list of standard insurance policies along with their
respective minimum coverage amounts required in this Agreement:
Architect's Initials ;
3 Owner's Initial
• a. Commercial General Liability
E3 General Aggregate: $1;000,000
o Products & Completed Operations Aggregate: $1,000,000
® Personal & Advertising Injury: $1,000,000
® Per Occurrence: $500,000
® Fire Damage $50,000
M Coverage shall be at least as broad as ISO CG 00 01 10 93
C3 NO coverage shall be deleted from standard policy without
notification of individual exclusions being attached for
review and acceptance.
b. Business Automobile Policy
0 Combined Single Limits: $500,000
m Coverage for "Any Auto"
C. Errors and Omissions
® Limit: $7,500,000 for this project.
® For all architects, engineers, and/or design 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
Statutory Limits
Employer's Liability $500,000
13 Waiver of Subrooation required.
1.2.3.12 The following shall be applicable to all policies of insurance required
herein.
a. Insurance carrier must have an A.M. Best Rating of ANIII 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.
0 - Architect's Initials
4 Owner's Initial
• e. The Owner, its officers; agents and employees are to be added as
Additional Insureds to all liability policies, with the exception of
the Errors and Omissions Policy required herein.
f. Upon request and without cost to the Owner, certified copies of all
insurance polices and/or certificates of insurance shall be furnished
to the Owner.
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 Owner, and shall be
carried in the name of the Architect. The Architect shall provide
copies of insurance policies required hereunder to the Owner on or
before the effective date of this Agreement.
1.2.3.13 The Architect shall prepare or cause to be prepared operational and
maintenance manuals
1.2.3. 14 The Architect shall prepare a set of reproducible record drawings showing
significant changes in the Work made during construction based on marked -up
prints, drawings and other data fumished by the Contractor to the Architect
1.2.3.15 The Architect warrants the design preparation of drawings, the designation
of selection of materials and equipment, the selection and supervision of the
Architect's personnel as well as the Architect's consultant's personnel, and the
performance of other services pursuant to this Agreement to meet the recognized
industry standards.
18_ Article 1.3.12
The Cost of the Work shall include the costs at the current market rates of labor, using the
prevailing wage rates as established by the Owner, if appropriate, and material furnished
by the Owner and equipment designed, specified, selected or specially provided for by
the Architect, including the cost 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.
19. Article 1.3.2.1 shall be amended to read as follows:
Drawings, specifications and other documents, including those in electronic form,
prepared by the Architect and the Architect's consultants are Instruments of Service. The
® Architect's Initi s
5 Owner's Initial
• Architect and the Architect's consultants shall be deemed the authors and owners of their
respective Instruments of Service and, subject to the licenses herein granted to the
Owner, shall retain all common law, statutory and other reserved rights, including
copyrights.
20. Section 1.3.2.2 shall be amended to read as follows:
Upon execution of this Agreement. the Architect grants to the Owner a non - exclusive
license to reproduce the Architect's Instruments of Service for purposes of constructing,
using and maintaining the Project. The Architect shall obtain similar nonexclusive
licenses from the Architect's consultants consistent with this Agreement. .
21. Section 1.3.2.3 shall be amended to read as follows:
All Architect's designs and work products relating to the Project, including, but not
limited to, original drawings, specifications, investigations, studies and other documents
completed shall remain the property of Architect; provided, however, the Architect
hereby grants to the Owner a license to use the designs and work products in connection
with the construction, reconstruction; renovation, repair, use and occupancy of the Project
without additional compensation. Provided further that in the event the Owner uses said
designs and work products without the Architect being retained to provide professional
services in relation to the said use, the Owner does release the Architect from any liability
which may result from the subsequent use thereof. The Architect shall ensure that the
Owner obtains a license as described herein from each of the Architect's consultants
performing work in furtherance of the Project. Within 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 terms 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. Thereafter, for
additional sets, the Architect shall provide the Owner with a complete set of
transparencies of the designs and plans for subsequent reproduction, at the Owner's
expense, within three (3) days of receipt by Architect of the Owner's written request for
the same.
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 authorized the Contractor, Subcontractors,
Sub - subcontractors and material or equipment suppliers to reproduce applicable portions
of the Instruments of Service Appropriate to and for the use in their execution of the
Work by license granted in Subparagraph 4.32.2. 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.
22. Article 1.3.2.4 shall be deleted in its entirety.
Architect's Ini
6 Owner's Initial
® 23. Article l .2.3.6 shall be amended as follows:
The Architect shall review laws, codes and regulations applicable to Architect's services
and shall ensure that the Architect's services as well as those that the Architect requires
of others in furtherance of the Project comply with all applicable laws, codes and
regulations. The Architect shall promptly comply with all requirements imposed by
governmental authorities having jurisdiction over the Project and, the Architect's
compliance shall be complete within the time period specified by the authority having
jurisdiction over the Project or by the Owner; whichever is sooner..
24. Article ]33. 1 shall be amended to read as follows:
Changes in services of the Architect, including services required for the Architect's
consultants, may be accomplished after execution of this Agreement, without invalidating
the Agreement, if mutually agreed in writing, if required by circumstances beyond the
Architect's control, or if the Architect's services are affected as described in
Subparagraph 1.3.3.2. .
25. Article 1.3.3.2 shall be amended to read as follows:
If any of the following circumstances affect the Architect's services for the project, the
Architect may be entitled to an appropriate adjustment in the Architect's Schedule and
compensation if agreed to in writing by the parties:
.l change in the instructions or approvals given by the Owner that necessitate
substantial revisions in the Instruments of Service;
2 enactment or revision of codes, laws or regulations or official interpretations
which necessitate changes to previously prepared Instruments of Service;
.4 significant change in the Project as to size, quality, the Owner's schedule or
budget; or procurement method;
.5 substantial failure of performance on the part of the Owner;
.6 preparation for and attendance at a dispute resulution proceeding or legal
proceeding, except where the Architect is a party thereto or if required as a part of
Architect's services hereunder; and
.7 change in the information contained in Article l .I I.
26. Article 1.3.4 shall be deleted in its entirety.
27. Article 13.5 shall be deleted in its entirety.
28. Article 1.3.6 shall be deleted in its entirety.
29. Article 1.3.7.1 shall be amended to read as follows:
This Agreement shall be governed by the law of the principal place of business of the
Owner, unless otherwise provided in Paragraph 1.4.2.
30. Article 13.7.2 shall be amended to read as follows:
Architect's Initials
7 Owner's Initial
® Terms in this Agreement shall have the same meaning as those in the edition of AIA
m
Docuent A201, General Conditions of the Contract for Construction current as of the
date of this Agreement and as modified by the Owner.
31. Article 1.3.7.3 shall be deleted in its entirety.
32. Article 1.3.7.4 shall be deleted in its entirety
;;. Article 1.3.7.6 shall be amended to read as follows:
Except as 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 substance in any form at the
Project Site. Should the Architect or any of his officials, employees or subcontractors,
discover, notice or become aware of hazardous materials in any form at the Project Site at
any time throughout the term of this Agreement, the Architect shall immediately notify
the Owner of such fact in writing.
34. Article 13.7.7 shall be amended to read as follows:
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 material shall not include the Owner's
confidential or proprietary information and the Architect shall take all appropriate
measures to ensure that such information is not disclosed by the Architect. The Owner
may provide professional credit for the Architect in the Owner's promotional materials
for the Project.
35. Article 1.3.7.8 shall be amended to read as follows:
If the Owner request the Architect to execute certificates; the Owner shall endeavor to
submit the proposed language of such certificates to the Architect for review at least
sc%,•en 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.
36. Add the following articles:
1.3.7.10 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.
1.3.7.11 The relationship of the Architect to the Owner shall be that of an
independent contractor.
1.3.7.12 Both the Architect and the Owner agree that the proper venue for any
dispute arising under this Agreement is Baytown, Harris County, Texas.
® Architect's Initia
8 Owner's Initial
•
C
1.3.7.1 3)
THE ARCHITECT AGREES TO AND .SHALL INDENINIFY AND HOLD
HARMLESS AND DEFEND THE OWNER, ITS OFFICERS, AGENTS, AND
EMPLOYEES FROM AND AGAINST 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 ANY PERSON,
FOR DAMAGE TO ANY PROPERTY, OR FOR ANY BREACH OF
CONTRACT, ARISING OUT OF, OR IN CONNECTION WITH THE WORK
DONE BY THE ARCHITECT UNDER THIS CONTRACT. IN THE EVENT
OF PERSONAL INJURY TO OR DEATH OF THE ARCHITECT OR THE
ARCHITECT'S EMPLOYEES, SUCH INDEMNITY SHALL APPLY
REGARDLESS OF WHETHER THE CLAIMS, LOSSES, DAMAGES, CAUSES
OF ACTION, SUITS OR LIABILITY ARISE IN WHOLE OR IN PART FROM
THE NEGLIGENCE OF THE OWNER. SUCH INDEMNITY SHALL NOT
APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL
INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS OTHER THAN
THE ARCHITECT OR ITS EMPLOYEES THAT IS CAUSED BY OR
RESULTS FROM THE NEGLIGENCE OF THE OWNER.
By this Agreement, the Owner does not consent to litigation or suit, and the Owner
hereby expressly revokes any consent to litigation that it may have granted by the
terms of this Contract or any other contract or agreement, any charter, or
applicable state law. hhe Architect assumes full responsibility for its work
performed hereunder and hereby releases, relinquishes and discharges the O►yner,
its officers, agents, and employees from all claims, demands, and causes of action of
every kind and character, including the cost of defense thereof, for any injury to or
death of any person (whether they be either of the parties hereto, their employees,
or other third parties) and any loss of or damage to propertv (whether the property
be that of either of the parties hereto, their employees, or other third parties) that is
caused by or alleged to he caused by, arising out of, or in connection with the
Architect's work to be performed hereunder. This release shall apply with respect
to the Architect's work regardless of whether said claims, demands, and causes of
action are covered in whole or in part by insurance.
For those matters for which the Architect has the obligation to defend the Owner,
the Owner shall employ at its own expense counsel acceptable to the Owner. This
Section 1.3:7.13 shall survive the termination or earlier expiration of this
Agreement.
37. Article 1.3.$.1 shall be amended to read as follows:
If the Owner fails to snake payments to the Architect in accordance with this Agreement,
and after being given notice of such nonpayment and a reasonable period to cure the
Architect's Initi I
9 Owner's Initial
same, which cure period shall riot be less than 15 calendar days, such failure may 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. If the City cures, within such seven day
period, the Architect shall not be entitled to suspend services. However, 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 . The Architect's
fees for the remaining services and the time schedules may be equitably adjusted if
agreed to by the parties in writing.
38. Article 1.3.8.2 shall be amended to red as follows:
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 upon
tendering all work product and Instruments of Services associated with the Project.
39. Article 1.3.8.3 shall be deleted in its entirety.
40. Article 1.3.8.4 shall be amended to read as follows:
This Agreement may be terminated by either party upon not less than fourteen 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. Such
notice of termination shall include a detailed explanation of the reason for the
termination; and if such default is cured within the period prescribed in the notice; the
Agreement will cannot be terminated,
41. Article 1.3.8.5
This Agreement may be terminated by the Owner upon not less than seven days' witten
notice to the Architect for the Owner's convenience and without cause._ At the time that
notice is received, the Architect shall cease work immediately.
42. Article 13.8.6 shall be amended to 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, together with Reimbursable
Expenses then due.
43. Article 1.3.8.7 shall be deleted in its entirety.
44. Article 1.3.9.1 shall be amended to read as follows:
Payments on account of services rendered and for Reimbursable Expenses incurred shall
be made within 30 days after the Owner receives the Architect's detailed statement of
services actually performed and a report of the progress of the Project; provided, that in
the event of a disputed or contested invoice, the Owner may withhold any such dais uted
® Architect's Initials
10 Owner's Initial
® or contested amount without penalty. No deductions shall be made for 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 may be liable.
45. 13.9.2 shall be amended to read as follows:
Reimbursable expense are subject to the limitations specified in Paragraph 1.3.9.4 and 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 transportation in connection with the Project, authorized out -of -town travel and
subsistence and electronic communications;
2 fees paid for securing approval of authorities having jurisdiction over the Project;
.3 reproductions, plots, standard form documents, postage, handling and delivery of
Instruments of Service, unless otherwise required as a part of the basic services;
.4 expense of overtime work requiring higher than regular rates if authorized in
advance in writing by the Owner;
.5 rendering, models and mock -ups which are requested by the Owner and are not
included as a part of the basic services;
.6 reimbursable expenses as designated in Paragraph 1.5.5;
.7 other similar direct Project- related expenditures if approved in advance by the
Owner in writing.
46. Article 1.3.9.3 shall be amended to read as follows:
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
Expenses shall be tendered to the Owner or the Owner's authorized representative
concomitantly with (lie Architect's detailed statement of services.
47. Article 1.3.9.5 shall be added and shall read as follows:
Before the Owner shall be liable for any reimbursable expenses, the Architect must
obtain prior written approval of the Owner or the Owner's representative of any expense
that exceeds $1,000 for which the Architect seeks reimbursement. However, for travel
expenses and related expenses specified in Paragraph 1.3.9.4.1, all such expenses must be
approved by the Owner before the same are incurred. If such approval is not obtained,
the Owner shall not be liable for such expenses. Additionally, the Owner shall at no time
be obligated to pay more than FIVE THOUSAND AND NO /100 DOLLARS ($5,000) for
all reimbursable expenses without prior written authorization by the Owner.
48. Article 1.4.2 shall be amended to read as follows:
Special Terms and Conditions. Special terms and conditions that modify this Agreement
are as follows:
Special terms and conditions are given in Exhibit "B," "Supplemental Conditions," which
are attached hereto and incorporated herein for all intents and purposes.
Architect's Initia s
1 1 Owner's Initial
49. Article 1.5.1 shall bYlencled to read as follows:
For the Architect's services as described under Article 1.4, compensation shall not exceed
$ 219 .000 . QO calculated based upon the hourly billing rates for Architect's staff
as detailed in Exhibit "E," Schedule of Fees," which is attached hereto and incorporated
herein for all intents and purposes.
50. Article 1.5.5 shall be deleted in its entirety.
51. Article 1.5.6 shall be amended to read as follows:.
The rates for services of the Architect and the Architect's consultants as set forth in this
Agreement shall be adjusted in accordance with their normal salary review practices.
52. Article 1.5.8 shall be amended to read as follows:
Payments are due and payable thirty (30) days after the Owner receives the Architect's
detailed statement of services actually performed and a report of the progress of the
Project. Undisputed amounts unpaid sixty (60) days after the invoice shall bear interest
at the rate of 1 % per month.
53. Article 1.5.9 shall be amended to read as follows:
The Architect's services and compensation under this Agreement have been agreed to for
the construction of the Project. The Architect's obligation to render services hereunder
will be for whatever period necessary for the Final Completion of said services. As used
in this Agreement, "Final Completion" shall mean that all work has been completed, all
final punch list items have been inspected and satisfactorily completed, all payments to
subcontractors have been made, all documentation and warranties have been submitted,
all closeout documents have been executed and approved by the Owner, and the Project
has been finally accepted by the Owner.
These supplemental conditions shall supersede and control over the Standard Form of Architect's
Services: Design and Contract Administration (AIA Document B141 -1997) to the extent that
there is conflict.
1. Article 2.1.2 shall be amended to read as follows:
When Project requirements have been sufficiently identified, the Architect shall prepare
and tender to the Owner, a project schedule that shall identify milestone dates for
decisions required of the Owner, design services furnished by the Architect, completion
of documentation provided by the Architect, commencement of construction and
Substantial Completion and Final Completion of the Work. The project schedule shall be
updated and tendered to the Owner periodically and upon request of the Owner. As used
in this Standard Form of Architect's Design Services: Design and Contract
Administration, "Final Completion" shall mean that all work has been completed, all
final punch list items have been inspected and satisfactorily completed; all pavme is to
® Architect's Initi is
12 Owner's Initial
subcontractors have been made, all documentation and warranties have been submitted,
all closeout documents have been executed and approved by the Owner, and the Project
has been finally accepted by the Owner
2. Article 2.1.4 shall be amended to read as follows:
Upon request of and without cost to the Owner, the Architect shall make presentations to
explain the design of the Project to the representatives of the Owner.
3. Article 2.1.6 shall be amended to read as follows:
The Architect shall be responsible for gathering and filing necessary information and
documents required for the approval of governmental authorities having jurisdiction over
the project.
4. Article 2.1.7.1 shall be amended to read as follows:
When the Project requirements have been sufficiently identified, the Architect shall
prepare a preliminary estimate of the Cost of the Work. This estimate may be based on
current area, volume or similar conceptual estimating techniques. As the design process
progresses through the end of the preparation of the Construction Documents, the
Architect shall update and refine the preliminary estimate of the cost of the Work. The
Architect shall advise the Owner in writing of any adjustments to previous estimates of
the Cost of the Work indicated by changes in Project requirements or general market
conditions. If at any time the Architect's estimate of the Cost of the Work exceeds the
Owner's budget, the Architect shall make appropriate recommendations in writing to the
Owner to adjust the Project's size, quality or budget.
5. Article 2.1.7.3 shall be amended as follows:
In preparing estimates of the Cost of the Work, 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
estimated Cost of the Wurk to meet the Owner's budget for the Cost of the Work.
6. Article 2.1.7.4 shall be deleted in its entirety.
7. Article 2.1.7.5 shall be amended to read as follows:
If the budget for the Cost of the Work is exceeded by bid of the lowest responsible
bidder, the Owner shall:
I give written approval of an increase in the budget for the Cost of the Work;
2 authorize rebidding the Project;
3 terminate in accordance with Subparagraph 1.3.8.5; or
.4 cooperate in revising the Project scope and quality as required to reduce the Cost
of the Work.
Architect's Initial
13 Owner's Initial
S. Article 2.1.7.6 is hereby amended to read as follows:
If the Owner chooses to proceed under Clause 2.1.7.5.4, the Architect, without additional
compensation, shall modify the documents for which the Architect is responsible under
this Agreement as necessary to comply with the budget for the cost of the Work. The
Architect shall be entitled to compensation in accordance with this Agreement for only
those services performed and appropriately documented, whether or not construction is
commenced.
9. Article 2.2.1.2 shall be amended to read as follows:
When requested by the Architect and approved by the Owner, the Owner shall furnish
surveys to describe physical characteristics, legal limitation and utility locations for site
of Project, and a written legal description of the site.
10. Article 2.2.1.3 shall be amended to read as follows:
The Owner shall furnish the services of geotechnical engineers, which may include but
are not limited to test borings, test pits, determinations of soil bearing values, percolation
tests, evaluations of hazardous materials, ground corrosion tests and resistively tests,
including necessary operations for anticipating subsoil conditions, with reports and
appropriate recommendations, when such services are requested by the Architect and
approved by the Owner.
11. Article 2.5.1 shall be amended to read as follows:
The Architect following the Owner's approval of the Constniction DOCUmcnts and the
latest preliminary estimate of construction cost, shall obtain competitive bids with the
assistance of the Owner, and shall assist the Owner in awarding the contract for
construction. The Architect shall be responsible for preparing and assembling the
Contract Documents to obtain competitive bids and to award the contract for
construction. The manner in which competitive bids are sought shall comply with all
applicable requirements of state law and the Owner's charter.
12. Article 2.5.4.1 shall be amended to read as follows:
Bidding Documents u►ust be approved by the Owner and shall consist of bidding
requirements, proposed contract forms, General Conditions and all documents referenced
therein, Supplementary Conditions, Specifications and Drawings.
13, Article 2.5.5 shall be deleted in its entirety.
14. Article 2.6.1.1 shall be amended to read as follows:
The Architect shall provide administration of the Contract between the Owner and the
Contractor as set forth below and in the edition of AIA Document A201, General
Conditions of the Contract for Construction, current as of the date of this agreement and
as modified by the Owner.
Architect's Initials
14 Owner's Initial
15. Article 2.6.1.2 shall be amended to read as follows:
The Architect's responsibility to provide the Contract Administration Services under this
Agreement commences with the award of the, initial Contract for Construction and
terminates upon Final Completion.
16. Article 2.6.1.4 shall be amended to read as follows:
Duties, responsibilities and limitations of authority for the Architect under this Article 2.6
shall not be restricted, modified or extended without written agreement of the Owner and
Architect.
17. Article 2.6.1.7 shall be amended to read as follows:
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 be made
in writing within any time limits agreed upon or otherwise with reasonable promptness,
not to exceed 15 days, unless otherwise extended by the Owner.
1 &. Article 2.6.1.8 shall be amended to read as follows:
Interpretations and decisions of the Architect shall be consistent with the intent of and
reasonably inferable from the Contract Documents and shall be in writing or in the form
of drawings. 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.
19. Article 2.6.2.1 shall be amended to read as follows:
The Architect, as a representative of the Owner, shall visit the site at intervals appropriate
to the stage of Contractor's operations or as otherwise agreed by the Owner and Architect
in writing (1) to become familiar with and to keep the Owner informed about the progress
and quality of the portion of the Work completed, (2) to endeavor to guard the Owner
against defects and deficiencies in the Work, and (3) to determine if the Work is being
performed in accordance with the Contract Documents. The Architect shall visit the site
to verify each payment requested by the Contractor. The inspections required in this
paragraph shall entail the visual observation of the construction to permit the Architect to
render his professional opinion as to whether the Contractor is performing the Work in a
manner indicating that, when completed, the Work will be in accordance with the
Contract Documents. Such observations shall not be relied upon by the Contractor as
acceptance of the Work, nor shall they relieve any party from fulfillment of all of their
respective obligations and responsibilities. whether contractual or otherwise. However,
the Architect shall not be required to make exhaustive or 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
® Architect's Initia
15 Owner's Initial
Work, since these are solely the Contractor's rights and responsibilities under the
Contract Documents.
20. Article 2.6.2.2 shall be amended to read as follows:
Based upon the Architect's on -site inspections and information of which the Architect
has knowledge, the Architect shall report to the Owner 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 failure to perform the
Work in accordance _with the requirements of the Contract Documents, The Architect
shall be responsible for the acts or omissions of the Architect and the Architect's
subconsultants, along with their respective officers, agents and employees, but shall not
have control over or charge of and shall not be responsible for the acts or omissions of
the Contractor, its subcontractors or their respective officers, agents or employees, or of
any persons or entities performing portions of the Work other than the Architect and the
Architect's subconsultants, along with their respective officers, agents and employees.
21. Article 2.6.2.4 shall be amended to read as follows:
Except as otherwise provided in this agreement or when direct communications have
been specifically authorized, the Owner shall endeavor to communicate with the
Contractor and the Architect's consultants through the Architect about matters arising out
of or relating to the Contract Documents.
22. Article 2.6.3.1 shall be amended to read as follows:
The Architect shall review and certify the amounts due the Contractor and shall issue
Certificates for Payment in such amounts. 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 Paragraph 2.6.2 and on data comprising the Contractor's application for
Payment that the Work has progress 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 (l) 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 and approved by the Owner.
23. Article 2.8.1 shall be deleted in its entirety.
24. Article 2.82 shall be amended to read as follows:
The following Design and Contract Administration Services shall be provided by the
Architect as a Change in Services in accordance with Paragraph 1.3.3 if the Architect has
obtained the Owner's prior written approval:
3 Change Orders and Construction Change Directives requiring evaluation of
proposals, including the preparation or revision of the Instruments of Service;
0 Architect's Initial
16 Owner's Initial
.4 Providing consultation concerning replacement of Work resulting from fire or
other causes during construction;
.6 Evaluation of substitutions proposed by the Owner's consultant or contractors and
making, subsequent revisions to Instruments of Service resulting therefrom; or
.3 Contract Administration Services provided 60 days after the date of Final
Completion of the Work, except as otherwise required under the Agreement.
25. Article 2.9.1 shall be amended to read as follows:
Modifications to this Standard Form of Architect's Services: Design and Contract
Administration, if any, are as follows:
As given in Exhibit "'B,." "Supplemental Conditions," which are attached hereto and
incorporated herein for all intents and purposes.
F:1 Karen \FileskEnginceringlArchitect Agreements\HMArchitectual Contact Supplemental Conditions Clean,doc
® Architect's Initials
17 Owner's Initial
® EXHIBIT "C"
Scope of Ser -vices
In each of the following tasks, the term "Architect" refers to the entire design
team.
Task I
1.0 Master planning and Final Project Scoping
The Architect shall conduct a series of working sessions with the Owner to
develop a conceptual design for the ultimate build -out of the Wayne Gray Sports
Complex. Design alternatives and project phasing options will be explored and
developed by the Architect, then presented to the Owner for review and comment.
The Architect will provide rough- order -of- magnitude costs for each alternative to
the Owner for consideration.
From this master planning study, the Owner shall select the preferred design
schemes and determine project phasing, based on program priorities and funding
available during the study. The approved Master plan shall represent the final
construction program for this project, and will determine the final design schedule
and work scope of the Architect.
Task 2
2.0 Design Phase - General
During the Design Phase the Architect and his consultants shall meet as necessary
to develop a cuurdinated design for all elements of the building program.
Presentation documents will be prepared by the Architect to communicate the
physical and aesthetic qualities of the project to the Owner. Based on the design
CP
scheme approved by the Owner, the Architect shall prepare construction
documents for construction bidding and to obtain all necessary building permits.
2.1 Schematic Design Phase
Based on the approved Master plan, the major site elements will be quantified and
defined in greater detail_ The site will be laid -out on civil base maps, and major
site features will be analyzed. Available utilities will be located, with direction
from local utility companies, and laid -out on the site in coordination with major
site features and improvements. Physical forms of building exteriors will be
developed and major construction materials selected. Building interiors and
interior materials and finishes will be selected. Preliminary selection of
mechanical, electrical and plumbing equipment will be made. Landscaped areas
will be developed in greater detail, defining areas of hardscape and planting.
Hardscape materials and patterns and planting palettes will be developed. Outline
•
Specifications for the work of each design discipline will be developed. During
the Schematic Design Phase; the Architect shall meet with the Owner on a bi-
weekly basis to present design progress, and to incorporate the Owner's input.
Following approval of the Schematic Design by the Owner, the Architect shall
prepare a Preliminary Cost Estimate to define the construction budget to date.
2.2 Design Development Phase
During the Design Development Phase documents prepared for presenting the
schematic design will be converted into a construction document format, and the
detailed development of Construction Documents will begin. The Architect and
other members of the design team shall meet as required to coordinate the design
of each discipline. Based on the outcome of the Preliminary Cost Estimate, the
building program and design will be revised, if required.
Preliminary civil design, including grading and drainage, horizontal control, and
location of civil structures will be developed. Utilities requirements will be
calculated and utilities will be laid -out, in coordination with mechanical, electrical
and plumbing requirements. Building structural systems will be developed and
major architectural components selected and detailed. Fixtures, furnishings and
equipment will be selected and incorporated into the building systems. The
coordinated layout of mechanical ductwork, electrical wiring and plumbing lines
will take place. Flardscape materials and patterns will be laid -out and detailed.
Plant materials will be scheduled, and planting beds laid -out, and installation
details prepared. Preliminary Specifications for the work of each design
discipline will be developed.
During the Design Development Phase, the Architect shall meet with the Owner
on a weekly basis to present design progress, and to incorporate the Owner's
input. When the level of construction documents reaches an approximate 401/10
level of completion, the Owner shall review the documents and provide the
Architect with wiy revisions, additions or deletion to the Work. following
approval of the Design Development documents by the Owner, a Secondary Cost
Estimate will be conducted to reflect the higher level of design. The approved
Design Development documents shall also "freeze" the design, and provide the
basis of developing final Construction Documents.
2.3 Construction Documents Phase
During the Construction Document Phase, the major activities of Design
Development shall continue as described above. Based on the outcome of the
Secondary Cost Estimate, the building program and design will be revised, if
required.
2
During the Construction Documents Phase, the Architect shall meet with the
Owner on a weekly basis to present design progress, and to incorporate the
Owners input. When the level of Construction Documents reaches an
approximate 90% level of completion, the Owner shall review the documents and
provide the Architect with any revisions, additions or deletion to the work. A
final cost estimate of the project will be undertaken at this time. As the final
construction documents are being completed, any required revisions, additions or
deletions will be incorporated into the construction documents by the Architect to
meet the construction budget, and in response to the Owner's comments.
Task 3
3.0 Bidding Phase
During this phase, any bidding documents required beyond the scope of the
construction documents will be prepared by the Architect. The Architect shall
assist the Owner in advertising the project for bid, and in conducting any required
meetings with prospective bidders. The Architect shall also respond to any
bidders questions and prepare Addenda to the Construction Documents as
required. The Architect shall assist the Owner in qualifying bidders, analyzing
bids and in selection of the General Contractor.
Task 4
4.0 Construction Administration Phase
During the Construction Administration Phase, the Architect shall assist the
General Contractor in filing any necessary applications for building permits. The
Architect shall make any revisions to the Construction Documents required by the
authority having jurisdiction, and assist the General Contractor in rc- submitting
the Construction Documents for review.
After issuance of building permits, and construction begins, the Architect shall
visit the site on a periodic basis to observe the progress of the work (total often
visits). The Architect shall prepare a written report describing the work progress
and informing the Owner of any deviation from the Construction Documents, or
any conditions that should be brought to the attention of the Owner. The
Architect shall review all Shop Drawing submitted during construction. The
Architect shall attend periodic job -site meetings with the General Contractor (total
of five). The Architect shall review and certify all contractor payment
applications.
Following notice of Substantial Completion by the General Contractor, the
® Architect shall visit the site, and perform a final review of the project. The
Architect shall develop a written "'Punch List" of outstanding or non - conforming
® Work to be completed by the General Contractor. After the General Contractor
completes the Work items on the Punch List, the Architect shall revisit the site
and confirm that all outstanding tasks have been completed. The Architect shall
then affirm the Certificate of Substantial Completion, and assist the Owner in
obtaining Certificates of Occupancy /Use.''
L`
4
EXHIBIT "D"
LIST OF CONSULTANTS & FEES
WAYIV-E GRAY SPORTS CON PLEX PROJECT
Project !Management, Landscape Architecture, Planning, Architecture
Hellmuth, Obata + Kassabaum, L.P.
2800 Post Oak Blvd_
Suite 3700 ,
Houston, Texas 77057
(713) 407 -7700
Total Fee: $129,210.00
Civil Engineering
Bury + Partners -- Houston, Inc.
1001 Nest Loop South
Houston, Texas 77027
(713) 212 -0011
Total Fee: $54,750.00
1VIEP /Structural Engineering
Sitech Engineering Corporation
1544 Sawdust Road, Suite 100
The Woodlands, Texas 77350
(281) 363 -4039
Total Fee: $35,040.00
Cost Estimating
Project Cost Resources, Inc.
14515 Briarhills Parkway, Suite 113
Houston, Texas 77077
(281) 497 -4171
(Fee included in Architectural fee.)
0 Total Project Fee $2192000.00
0 EXHIBIT "E"
Billing Rates
WAYNE GRAY SPORTS COMPLEX PROJECT
Hellmuth Obata Kassabaum, Inc.
Principal
$150.00 /hour
Project Manager
$135.00/hour
Senior Landscape Architect/Designer
$125.00 /hour
Junior Landscape Architect/Designer
$100.00/hour
Graduate Landscape Architect/Designer
S 65.00/hour
Land Planner
$ 65.00/hour
Computer Designer
$ 65.00/hour
Graphic Designer
$ 85.00/hour
Shop Drawing Review
$ 85.00 /hour
Bury + Associates
Principal
$150.00/hour
Associatc
$ 1 25.00 /hour
Senior Project Manager
5125.00 /hour
Project Nianager
$1 10.00/hour
Project Director
$102.00 /hour
Project Engineer VII
$ 97.501hour
Project Engineer VI
$ 95.00/hour
Project Engineer V
S 92.50 /hour
Engineer Associate IV
S 87.DU /hour
Engineer Associate III
$ 85.00/hour
Engineer Associate II
$ 80.00/hour
Engineer Associate I
$ 75.001hour
Senior Engineering Technician II
S 95.00/hour
Senior Engineering Technician I
S 87.50 /hour
Engineering Technician III
S 77.50/hour
Engineering Technician II
$ 75.00/hour
Engineering Technician I
S 72.50 /hour
Engineering Assistant I
S 52.50/hour
CAD Designer III
$ 75.00/hour
CAD Designer 11
$ 72.50/hour
CAD Designer I
$ 68.50/hour
CAD Operator III
S 62.50/hour
CAD Operator 1I
$ 60.00 /hour
CAD Operator I
Registered Professional Land Surveyor 1II
$ 57.501hour
$115.00/hour
0 . EXHIBIT "E"
Billing Rates
WAYNE GRAY SPORTS COMPLEX PROJECT
Bury + Associates, contd.
Registered Professional Land Surveyor 11
$
97.50 /hour
Registered Professional Land Surveyor I
$
92.50 /hour
Senior Survey Technician
$
77.50/hour
Survey Technician III
$
75.00/hour
Survey Technician lI
$
70.00 /hour
Survey Technician 1
$
65.00 /hour
Administrative Assistant I
$
50.00/hour
Secretary III
$
75.00 /hour
Secretary II
$
42.50 /hour
Secretary I
$
40.00 /hour
Construction Observer
$
67.50 /hour
Expert Witness
$300.00/hour
FIELD PARTY SERVICES
-Man Field Party $ 105.00 /hour
3 -Flan Field Party $125.00/hour
4 -titan Field Party S 130.00/hour
Sitech Engineering Corporation
Principal $
$13 U.00/hour
FIELD PERSONNEL
2 -Man Field Crew S 90.001hour
3 -Man Field Crew $ 100.00/hour
4 -Man Field Crew $115.00 /hour
Construction ivlonitor $ 65.00/hour