HomeMy WebLinkAboutCity Council Resolutions (R-05-2555)-06/07/2005
RESOLUTION R-05-2555
APPROVAL OF AN ARCHITECTURAL AGREEMENT WITH WIGINTON, HOOKER,
JEFFRY, INC. FOR THE DESIGN OF A FIRE STATION, IN THE AMOUNT OF
$365,045
WHEREAS, Proposition 4 of the February 5,2005 bond election was approved; and
WHEREAS, Proposition 4 included a Fire Station and related equipment; and
WHEREAS, four architectural firms were interviewed for the design of a fire station.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT an Agreement with Wiginton, Hooker, Jeffry, Inc. for the design of a
fire station is hereby approved, in the amount of $365,045
AND SO IT IS RESOLVED.
PASSED BY A VOTE OF ~ AYES, 0
THISTHE~DAYOF ~
NAYS AND 0 ABSTENTIONS ON
2005.
CITY OF COLLEYVILLE
~
Ib
Cynthia Singleton, TRMC
City Secretary
David Kelly
Mayor
"AlA Document 8141'" - 1997 Part 1
Standard Form of Agreement Between Owner and Architect
with Standard Form of Architect's Services
TABLE OF ARTICLES
1.1 INITIAL INFORMATION
1.2 RESPONSIBILITIES OF THE PARTIES
BETWEEN the Architect's client identified as the Owner:
(Name, address and other infonnation)
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the
original AlA standard form. An
Additions and Deletions Report
that notes added information as
well as revisions to the standard
form text is available from the
author and should be reviewed.
A vertical line in the left margin of
this document indicates where
the author has added necessary
information and where the author
has added to or deleted from the
original AlA text.
1.3 TERMS AND CONDITIONS
1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.5 COMPENSATION
AGREEMENT made as of the tenth day of May in the year two-thousand and five
(In words. indicate day, month and year)
City of Colleyville
5400 Bransford Road
Colleyville,Texas 76034
and the Architect:
(Name. address and other infonnation)
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
Wiginton Hooker leffry, P.c. - Architects, Professional Corporation
9696 Skillman St. , Suite 255 Dallas, TX 75243
Telephone Number: 214-349-5558
Fax Number: 214-349-2522
For the following Project:
(Include detailed description of Project)
City of Colleyville Central Fire Station.
5209 Colleyville Blvd
The Owner and Architect agree as follows:
AJA Document B1411lo1-1997 Part 1. Copyright @1917,1926,1948,1951.1953,1958,1961,1963, 1966, 1967,1970, 1974,1977,1987and1997byThe
American Institute of Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this A1A& Document, or any portion of it, may result in severe civil and criminal penalties, and will be
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No.1 000156275_1 which expires on 1/10/2006, and is not for resale.
User Notes: (2569007212)
1
ARTICLE 1.1 INITIAL INFORMATION
~ 1.1.1 This Agreement is based on the following information and assumptions.
(Note the disposition for the following items by inserting the requested information or a statement such as "not
applicable," "unlalOwn at time of execution" or "to be determined later by mutual agreemem. ")
~ 1.1.2 PROJECT PARAMETERS
~ 1.1.2.1 The objective or use is:
(Idelltify or describe, if appropriate. proposed use or goals.)
New Central Fire Station
~ 1.1.2.2 The physical parameters are:
(Identify or describe, if appropriate, size, location, dimensions, or other pertinellt infol71lation, such as geotechnical
reports about the site.)
New Central Fire Station approximately 15,000 s.f. in size located at 5209 ColleyvilIe Blvd.
~ 1.1.2.3 The Owner's Program is:
(Identify documentation or state the inall/ler in which the program will be developed.)
Architect will develop the program with the owner.
~ 1.1.2.4 The legal parameters are:
(Idelltify pertinent legal infonnation, including, if appropriate, land surveys and legal descriptions and restrictions
of the site.)
None at this time.
~ 1.1.2.5 The financial parameters are as follows.
(Paragraph deleted)
.2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is:
three-million three-hundred thousand dollars ($3,300,000).
~ 1.1.2.6 The time parameters are:
(Identify. if appropriate, milestone dates, durations or fast track scheduling.)
Refer to Exhibit "A" for the schedule. Time limits established by this schedule approved by the Owner as shown in
Exhibit "A" shall not, except for reasonable cause, be exceeded by the Architect or Owner.
~ 1.1.2.7 The proposed procurement or delivery method for the Project is:
(Identify method such as competitive bid, negotiated contract. or construction managemem.)
Construction Manager at Risk
~ 1.1.2.8 Other parameters are:
(Idemify special characteristics or needs of the Project such as energy, environmental or historic preservation
requirements.)
None
~ 1.1.3 PROJECT TEAM
~ 1.1.3.1 The Owner's Designated Representative is:
(List name, address and other infonnation.)
Mike Johnston
AlA Document B141TN -1997 Part 1. Copyright @1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAS Document, or any portion of It, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:07:40 on 05131/2005 under Order
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2
City of Colleyville Fire Department
1900 Hall-Johnson Road
Colleyville, Texas 76034
817-488-6277 :voice
~ 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 tothe Owner are:
(List name, address and other infonnation.)
None at this time.
~ 1.1.3.3 The Owner's other consultants and contractors are:
(List discipline and, if'mown, identify them by name and address.)
None at this time.
~ 1.1.3.4 The Architect's Designated Representative is:
(List name, address and other infoI771ation.)
Anthony Jeffry
9696 Skillman St. , Suite 255 Dallas, TX 75243
Telephone Number: 877-349-5558
Fax Number: 214-349-2522
jeffryt@whjarch.com
~ 1.1.3.5 The consultants retained at the Architect's expense are:
(List discipline and, if known, identify them by name and address.)
Civil, Landscape, Structural, Mechanical, Electrical, Plumbing, Surveyor, Geotechnical and Cost Estimating.
~ 1.1.4 Other important initial information is:
None
~ 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of
the Contract for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement,
or as follows:
As above.
~ 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in
determining the Architect's compensation. Both parties, however, recognize that such information may change and,
in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and
Change in Services in accordance with Section 1.3.3.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
~ 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this
Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project
team.
~ 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.
AlA Document 81411M-1997 Part 1. Copyright @ 1917,1926,1948,1951,1953,1958,1961,1963,1966, 1967, 1970, 1974,1977,1987 and 1997 by The
American Inslilute of Architects. All rights reserved. WARNING: This AlA'" Document Is protected by U.S. Copyright Law and International Treaties. 3
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of It, may result In severe civil and criminal penalties, and will be
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No.1 000156275_1 which expires on 1/10/2006, and is not for resale.
User Notes: (2569007212)
~ 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.
9 1.2.2.3 The Owner's Designated Representative identified in Section 1.1.3 shall be authorized to act on the
Owner's behalf with respect to the Project.
(Paragraph deleted)
~ 1.2.2.5 At a stage appropriate to the project, but not later than the Architect's completion of seventy-five percent
(75%) of the Contract Documents Phase of the services, the Architect shall provide to the Owner for the Owner's
approval a list of all tests, inspections, or reports that are required in the Contract Documents, including, but not
limited to, those provided by the Architect as a Basic Service. This list should designate the party responsible for
the engagement of and payment to providers of those services. Where the Owner is designated in this Agreement or
within the Contract Documents to engage the provider, the Architect shall, as part of his Basic Services, solicit
competitive price proposals from reputable and licensed providers of such services, for the purposes of the Owner's
engagement of such a provider. However, to the extent that testing or surveying services are necessary as a result of
errors, omissions, or inconsistencies in the Contract Documents or in the performance of services by the Architect,
the Architect shall engage such providers and pay the costs thereof. Where such remedial services are performed by
providers already engaged by the Owner, any fees paid to the provider by the Owner for such services shall be
deducted from the first Basic Fees subsequently due to the Architect.
~ 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.
(Paragraph deleted)
9 1.2.3 ARCHITECT
91.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as
enumerated in Article 1.4.
(Paragraph deleted)
~ 1.2.3.3 The Architect's Designated Representative identified in Section 1.1.3 shall be authorized to act on the
Architect's behalf with respect to the Project.
9 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 an adjudicatory proceeding. The Architect shall
require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically
designated as confidential by the Owner.
91.2.3.5 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.
91.2.3.6 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.
91.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information
furnished by the Owner. The Architect shall review the information and provide prompt written notice to the Owner
if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information.
AlA Document 81411"" -1997 Part 1. Copyright @1917, 1926.1948,1951,1953.1958,1961,1963.1966,1967, 1970. 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAe Document, or any portion of It, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:07:40 on 05131/2005 under Order
No.1 000156275_1 which expires on 1/10/2006, and is not for resale.
User Notes: (2569007212)
4
ARTICLE 1.3 TERMS AND CONDITIONS
9 1.3.1 COST OF THE WORK
9 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost
to the Owner of all elements of the Project designed or specified by the Architect and to which the estimate and
design have been previously approved in writing by the Owner.
91.3.1.2 The Cost of the Work shall include the cost at current market rates oflabor 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.
9 1.3.1.3 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
91.3.2.1 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 solely with respect to this Project. The Architect
and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service
and shall retain all common law, statutory and other reserved rights, including copyrights.
~ 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce
the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project,
provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under
this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect'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.
(Paragraphs deleted)
~ 1.3.3 CHANGE IN SERVICES
91.3.3.1 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
Section 1.3.3.2. The Architect shall notify the Owner in writing immediately upon the Architect's determination
that Changes in Services are needed and justified. The Architect shall indicate in that notice (a) the scope of the
change, (b) the reason for the change, (c) the party, if any, whose acts or omissions the Architect believes resulted in
the proposed change, (d) the estimated financial and schedule impacts of the change, and (e) a definitive statement
of fees due the Architect for professional services and expenses related to such change. In addition to any other
remedies available to the Owner under this Agreement or under law, to the extent the change was the result of error,
omission, inconsistency, or lack of clarity in the Contract Documents or was otherwise avoidable by the Architect,
the professional services required to implement the change shall be performed by the Architect and his Consultants
at no cost to the Owner.
91.3.3.2 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:
.1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments
of Service;
AlA Document B141™ -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967. 1970, 1974,1977,1987 and 1997 by The
American Instilule of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:07:40 on 05131/2005 under Order
No.1 000156275_1 which expires on 1/10/2006, and is not for resale.
User Notes: (2569007212)
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.2 enactment or revision of codes, laws or regulations or official interpretations which necessitate
changes to previously prepared Instruments of Service;
.3 decisions of the Owner not rendered in a timely manner;
.4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's
schedule or budget, or procurement method;
.5 failure of performance on the part ofthe 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.
(Paragraphs deleted)
91.3.7 MISCELLANEOUS PROVISIONS
9 1.3.7.1 This Agreement shall be governed by the laws of the State of Texas.
~ 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AlA Document A20l,
General Conditions of the Contract for Construction, current as of the date of this Agreement.
91.3.7.3 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.
91.3.7.4 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 AlA
Document A20l, General Conditions of the Contract for Construction, current as of the date of this Agreement. The
Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of
them similar waivers in favor of the other parties enumerated herein.
9 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.
~ 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
AiA Document B141'M_1997 Part 1. Copyright @ 1917, 1926,1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNiNG: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:07:40 on 05131/2005 under Order
No.l000156275_1 which expires on 1/10/2006, and is not for resale.
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obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such
assignment.
91.3.8 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.
91.3.8.2 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 90 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.
9 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.
9 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 Section 1.3.8.7.
~ 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.
~ 1.3.9 PAYMENTS TO THE ARCHITECT
~ 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly
upon presentation of the Architect's statement of services. No deductions shall be made 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 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;
.4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner;
.5 renderings, models and mock-ups requested by the Owner;
.6 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 Section 1.5.5;
AlA Document B141"'-1997 Part 1. Copyright @1917, 1926, 1948,1951,1953,1958,1961,1963,1966,1967.1970, 1974.1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AiA'" Documentls protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAo Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:07:40 on 05131/2005 under Order
No.l000156275_1 which expires on 1/10/2006, and Is not for resale.
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.8 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
9 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 B 141-1997.
91.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document B14l-l997, or
as follows:
(List other documents, if any, delineating Architect's scope of services.)
A20l-1997 General Conditions of the Contract for Construction [as amended] and approved by the Architect.
91.4.1.3 Other documents as follows:
(List other documel1ts, if any,jonning part of the Agreement.)
Exhibit "A"
~ 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
1.4.2.2.1 The Architect shall indemnify and hold harmless the Owner for all damages, losses, or claims to the extent
caused by the negligence, or error, omissions, or failure to perform by the Architect, his employees, his agents, or
his Consultants.
1.4.2.2.2 The Architect shall indemnify and hold harmless the Owner for all damages, losses, or claims to the extent
caused by the breach of this Agreement or any implied covenants deemed to be applied thereto, intentional acts,
omissions, or other failures to perform by the Architect, his employees, his agents, or his Consultants.
1.4.2.3 The Architect shall maintain all forms of insurance required by law in the State of Texas. The Architect
shall also maintain insurance coverage for comprehensive general liability, automobile liability, and workers'
compensation by a carrier satisfactory to the Owner, which carrier shall be licensed to provide such coverage in the
State of Texas in forms and amounts satisfactory to the Owner. The Architect shall ensure that any and all
Consultants engaged or employed by the Architect carry and maintain similar insurance. The Architect and his
Consultants shall submit proof of such insurance to the Owner before submittal of the frrst invoice to the Owner, at
the anniversary date(s) of the submittal, and at any time when a material change in coverage, carriers, or
underwriters occurs. The maintenance in full current force and effect of such coverage shall be a condition
precedent to the Owner's obligation to pay under this Agreement. The insurance policies shall incorporate a
provision requiring written notice to the Owner at least thirty (30) days prior to any cancellation, nonrenewal, or
material modification of the policies.
ARTICLE 1.5 COMPENSATION
91.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows:
AlA Document B141TM-1997 Part 1. Copyright @ 1917,1926,1948.1951,1953,1958,1961,1963,1966, 1967, 1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. 8
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties. and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:07:40 on 05/31/2005 under Order
No.l000156275_1 which expires on 1/10/2006, and is not lor resale.
User Notes: (2569007212)
Total Fee for Basic Services, Optional Services and Reimbursable expenses shall be three-hundred-seventy-five
thousand and fifty dollars ($365,045).
For Basic Services, as described in Articles 2.4, 2.5 & 2.6 of Part 2 of the B 141-1997, the stipulated fee shall be
two-hundred-eighty-eight thousand seven-hundred-fifty dollars ($280,500), which is based on eight and one-half
percent (8.5%) of the budgeted Cost of the Work of $3,300,000. Should the budgeted Cost of the Work or the final
Cost of the Work vary from this, the fee will be adjusted accordingly. Where compensation is based on a stipulated
sum or percentage of the budgeted Cost of the Work, progress payments for Basic Services in each phase shall total
the following percentages of the total Basic Compensation payable:
Schematic Design Phase
Design Development Phase
Construction Documents Phase
Bidding or Negotiation Phase
Construction Phase
Total Basic Compensation
Fifteen percent
Twenty percent
Forty percent
Five percent
Twenty
One hundred percent
(15%)
(20%)
(40%)
(5%)
(20%)
(100 %)
In addition, the following Optional Services, as described in Article 2.8.3 of Part 2 of the B14l-l997, shall be
provided for a lump sum of sixty-six thousand three-hundred dollars ($64,545). Billings will be based on a
percentage of completion of each task as appropriate.
A) Civil Engineering I Design
B) Platting (Preliminary & Final)
C) Topographic I Boundary Survey
D) Geo- Technical Investigation
E) Landscape Architecture
F) Cost Estimating
G) Programming
H) Construction Management Evaluation
Total Optional Services
$12,800
$5,100
$6,100
$4,800
$6,800
$8,945
$12,000
$8,000
$64,545
~ 1.5.2 If the services of the Architect are changed as described in Section 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 Section 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 particular
methods of compensation apply.)
On the basis of a stipulated fee. Failing this, on the basis of time spent at the rate of 2.75 times Direct Personnel
Expense (OPE) which is 1.35 time hourly rates of the Architect's and Consultant staffs.
9 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of
one and three tenths ( 1.3 ) times the amounts billed to the Architect for such services.
~ 1.5.4 For Reimbursable Expenses as described in Section 1.3.9.2, and any other items included in Section 1.5.5 as
Reimbursable Expenses, the compensation shall be computed as a multiple of one and one-tenths (1.1 )
times the expenses incurred by the Architect, and the Architect's employees and consultants. Reimbursable
expenses will not exceed the following amount without prior written authorization......... ............ $20,000.00.
Cost associated with the printing of bid documents and specifications and delivery of same will be in addition to
allowance.
9 1.5.5 Other Reimbursable Expenses, if any, are as follows:
(Paragraph deleted)
AlA Document B141™ -1997 Part 1. Copyright @ 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967, 1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be
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9
None at this time.
(Paragraph deleted)
~ 1.5.8 Payments are due and payable thirty (30 ) days from the date of the Architect's invoice. Amounts
unpaid forty-five (45 ) 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 ofillterest agreed upon.)
1.5% per annum
(Usury laws and requiremellts 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 modifications, and also regarding requirements such as written disclosures or waivers.)
~ 1.5.9 If the services covered by this Agreement have not been completed within eighteen ( 18 ) months of
the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be
compensated as provided in Section 1.5.2.
This Agreement entered into as of the day and year first written above.
OWNER
CITY COUNCIL APPROVED
JUN
7 2005
AiADocument B141™-1997 Part 1. Copyright @1917,1926,1948,1951,1953,1958,1961,1963,1966,1967, 1970,1974, 1977,1987and1997byThe
American Institute of Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and International Treaties.
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~AIA
~
~ #
9. ...
...=:.
Document B141™ -1997 Part 2
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
ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES
9 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.
92.1.3 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.
92.1.4 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 documents 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.
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the
original AlA standard form. An
Additions and Deletions Report
that notes added information as
well as revisions to the standard
form text is available from the
author and should be reviewed.
A vertical line in the left margin of
this document indicates where
the author has added necessary
information and where the author
has added to or deleted from the
original AlA text.
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
92.1.6 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.
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American Institute of Architects. All rights reserved. WARNiNG: This AlA" Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of It, may resullln severe civil and criminal penalties, and will be
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92.1.7 EVALUATION OF BUDGET AND COST OF THE WORK
92.1.7.1 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 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 Archi tect' s estimate of the Cost of the Work
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. If a
Construction Manager at Risk project delivery method is selected, the Construction Manager shall also be
responsible for estimating the Cost of the Work.
92.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and
updated estimates of the Cost of the Work 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 oflabor, materials or equipment, over the Contractor's methods of determining bid
prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does
not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from
any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect or Construction Manager,
if Construction Manager at Risk delivery method is selected.
~ 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 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.
9 2.1.7.4 If bidding or negotiation has not commenced within 90 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
.2
.3
.4
give written approval of an increase in the budget for the Cost of the Work;
authorize rebidding or renegotiating of the Project within a reasonable time;
terminate in accordance with Section 1.3.8.5; or .
cooperate in revising the Project scope and quality as required to reduce the Cost of the Work.
92.1.7.6 The Architects entitlement to compensation in accordance with this Agreement shall not be affected by
whether or not construction is commenced.
ARTICLE 2.2 SUPPORTING SERVICES
92.2.1 Unless specifically designated in Section 2.8.3, the services in this Article 2.2 shall be provided by the Owner
or the Owner's consultants and contractors.
9 2.2.1.1 The Owner shall work with the Architect to develop a program setting forth the Owner's objectives,
schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and
site requirements.
92.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legallirnitations 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, dimensions and necessary data with respect to existing buildings, other improvements and trees; and
information concerning available utility services and lines, both public and private, above and below grade,
including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
AlA Document B141™ -1997 Part 2. Copyright @1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977,1987 and 1997 by The
American Inslllute of Architects. All rights reserved. WARNING: This AlAe Documentls protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be
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~ 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, evaluations of hazardous materials, ground
corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports
and appropriate recommendations.
ARTICLE 2.3 PROGRAMMING
92.3.1 The Architect shall tour with City's representative projects of similar scope in the metroplex area and work
with the City's representatives to develop the facility space requirements. The Architect shall document the facility
program and compare the Program with the Budgeted Cost of the Work and notify the Owner of any discrepancies.
The Architect shall submit the Final Facility Program to the City for final approval. However, nothing in this
paragraph shall be construed as a waiver of the Owner's right to obtain complete services pursuant to Subparagraph
2.8.3.
~ 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
92.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering
services.
~ 2.4.2 SCHEMATIC DESIGN DOCUMENTS
92.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed-upon program,
schedule, and budget for the Cost of the Work. The documents shall establish the conceptual design of the Project
illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a
conceptual site plan, if appropriate, and preliminary building plans, sections and elevations (maximum of three
elevation schemes). At the Architect's option, the Schematic Design Documents may include study models,
perspective sketches, electronic modeling or combinations 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. The Architect will report in writing to the Owner the nature and magnitude of
significant modifications to products or systems between the Design Development Documents presented by the
Architect and the Owner approved Schematic Design Documents and the Owner-provided information or programs.
92.4.4 CONSTRUCTION DOCUMENTS
9 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 quality levels of materials and systems required for the Project. The
Architect will report in writing to the Owner the nature and magnitude of significant modifications to products or
systems between the Contract Documents prepared by the Architect and the Owner-approved Design Development
documents and the Owner-provided information or programs.
9 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the
development and preparation of: (1) bidding and procurement information which describes the time, place and
conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor;
AlA Document B14pM_1997 Part 2. Copyright @ 1917,1926,1948.1951,1953,1958,1961,1963,1966,1967. 1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:12:08 on 05131/2005 under Order
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3
and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The
Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and
Specifications and may include bidding requirements and sample forms.
ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES
92.5.1 The Architect shall assist the Owner and Construction Manager in obtaining either competitive bids or
negotiated proposals and shall assist the Owner and Construction Manager in awarding and preparing contracts for
construction.
(Paragraph deleted)
~ 2.5.3 The Architect shall assist the Owner and Construction Manager in bid validation or proposal evaluation and
determination of the successful bid or proposal, if any. If requested by the Owner, the Architect shall notify all
prospective bidders or contractors of the bid or proposal results.
~ 2.5.4 COMPETITIVE BIDDING
92.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and
Supplementary Conditions, Specifications and Drawings.
9 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.
92.5.4.3 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.
9 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.
92.5.4.5 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
92.5.5.1 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.
9 2.5.5.3 If requested by the Owner, the Architect shall organize and participate in selection interviews with
prospective contractors.
9 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.
~ 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.
AlA Document B141™-1997 Part 2. Copyright @1917, 1926, 1948, 1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAI) Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:12:08 on 05131/2005 under Order
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ARTICLE 2.6 CONTRACT ADMINISTRA nON 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 AlA 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
Section 2.8.2 when Contract Administration Services extend 60 days after the date of Substantial Completion of the
Work.
9 2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner during 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.
92.6.1.4 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.
9 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.
92.6.1.7 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.
9 2.6.1.8 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, and shall not be liable for the results of interpretations or decisions so rendered in
good faith.
9 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 Architect's decisions on matters
relating to aesthetic effect shall be [mal if consistent with the intent expressed in the Contract Documents.
92.6.2 EVALUATIONS OF THE WORK
92.6.2.1 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 2.8, (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 Work, since these are solely the Contractor's rights and
responsibilities under the Contract Documents.
AlA Document B14FM -1997 Part 2. Copyright @1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNiNG: This AlA. Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be
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92.6.2.2 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.
92.6.2.5 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.
~ 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR
~ 2.6.3.1 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 Section 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 knowledge, information and belief, the quality of the Work is in accordance with the Contract
Documents. The foregoing representations are subject (1) 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.
92.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made
exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction
means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to
payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of
the Contract Sum.
~ 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment, copies of which
Applications shall be sent to the Owner with certification of each such Application by the Architect.
9 2.6.4 SUBMITTALS
92.6.4.1 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 Work or in the activities of the Owner, Contractor
or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate
review. Review of such submittals is not conducted for the purpose of 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.
AlA Document B141T'" -1997 Part 2. Copyright @1917, 1926, 1948, 1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be
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6
~ 2.6.4.3 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.
9 2.6.5 CHANGES IN THE WORK
92.6.5.1 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 Work to be added, deleted or modified, as provided in Section 2.8.2.
92.6.5.2 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 supporting 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 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.
92.6.6 PROJECT COMPLETION
9 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 forward to the Owner, for the Owner's review and
records, written warranties and related documents required by the Contract Documents and assembled by the
Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work
complies with the requirements of the Contract Documents.
~ 2.6.6.2 The Architect's inspection shall be conducted 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 Work
to be completed or corrected.
92.6.6.3 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 fmal
completion or correction of the Work.
92.6.6.4 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.
(Paragraphs deleted)
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 Section 1.3.3:
AiA Document B141™-1997 Part 2. Copyright @ 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967. 1970, 1974,1977.1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAI) Document, or any portion of it, may resuit In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:12:08 on 05131/2005 under Order
No.1 000156275_1 which expires on 1/10/2006, and is not for resale.
User Notes: (188844320)
7
.1 up to two (2 ) reviews of each Shop Drawing, Product Data item, sample and similar
submittal of the Contractor.
.2 up to two (2 ) visits to the site per month by the Architect over the duration of the Project
during construction.
.3 up to two (2 ) 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 one (1 ) inspections for any portion of the Work to determine final completion.
~ 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change
in Services in accordance with Section 1.3.3:
.1 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 fIre or other cause during
construction;
.5 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 proposed by the
Owner; or
.8 Contract Administration Services provided more than 60 days after the date of Substantial
Completion of the Work.
~ 2.8.3 The Architect shall furnish or provide the following services only if specifically designated:
Services Responsibility Location of Service Description
(Architect, Owner or
Not Provided)
.1 ProQramminQ Architect (as noted) See Below
,2 Land Survey Services Architect (as noted) See Below
.3 Geotechnical Services Architect (as noted) See Below
.4 Space Schematics/Flow Diagrams Architect (as noted) See Below
.5 ExistinQ Facilities Surveys Not Provided
.6 Economic Feasibility Studies Not Provided
.7 Site Analysis and Selection Not Provided
.8 Environmental Studies and Reports Not Provided
.9 Owner-Supplied Data Coordination Not Provided
.10 Schedule Development and Monitoring Architect
.11 Civil DesiQn Architect (as noted) See Below
.12 Landscape DesiQn Architect (as noted) See Below
.13 Interior Design Architect
.14 Special BiddinQ or NeQotiation Not Provided
.15 Value Analysis Not Provided
.16 Detailed Cost Estimating Architect (as noted) See Below
.17 On-Site Proiect Representation Not Provided
.18 Construction Manaaement Not Provided
.19 Start-up Assistance Not Provided
.20 Record Drawinas Not Provided
.21 Post-Contract Evaluation Not Provided
AlA Document B141™-1997 Part 2. Copyright @1917, 1926,1948,1951,1953,1958,1961,1963,1966,1967, 1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.s. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it. may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possibie under the law. This document was produced by AlA software at 12:12:08 on 05131/2005 under Order
No.1 000156275_1 which expires on 1/10/2006, and is not for resale.
User Notes: (188844320)
8
Services Responsibility Location of Service Description
(Architect, Owner or
Not Provided)
.22 Tenant-Related Services Not Provided
.23 Assist with C.M. at risk selection Architect See Below
.24 Site Platting Architect See Below
.25 NA
Description of Services.
(Insert descriptions of the services designated.)
.1 - Architect shall work with owner to develop a program for a lump sum cost of $12,000.
.2 - Architect shall provide TopographiclBoundary Survey Services for a lump sum cost of $6,100.
.3 - Architect shall provide Geotechnical Investigation Services for a lump sum cost of $4,800
.4 - Architect shall provide as part of Programming Scope.
.11 - Architect shall provide Standard Civil Engineering Services for a lump sum cost of $12,800.
.12 - Architect shall provide Landscape Architectural Services for a lump sum cost of $6,800.
.13 - Architect will provide Basic Interior Design Services, fee included in basic services fee.
.16 - Architect shall provide Cost Estimating Services (three estimates) for a lump sum cost of $8,945.
Reconciliation meetings between the Cost Estimator and the Owner and/or Construction Manager shall be billed at
an hourly rate of $104 per hour.
.23 - Architect shall assist the Owner in the evaluation and selection of a Construction Management Firm, including
review ofRFQ's and participation in the interview process, for a lump sum cost of $8,000.
.24 - Architect shall provide site platting services for a lump sum cost of $5,100.
ARTICLE 2.9 MODIFICATIONS
92.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are
as follows:
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, AlA Document
B 141-1997, that was entered into by the parties as of the date:
~--~
. ~
titre)
Anthony Je~ . n
(Printed name and title)
JUN
7 2005
AlA Document B1411M -1997 Part 2. CopyrIght @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966,1967,1970, 1974,1977,1987 and 1997 by The
American Institute of Architects. Ail rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAe Document, or any portion of It, may result In severe civil end criminal penalties, and will be
prosecuted to the maximum extent possIble under the law. This document was produced by AlA software at 12:12:08 on 05/31/2005 under Order
No.1 000156275_1 which expires on 1/10/2006, and Is not for resale.
User Notes: (188844320)
9