HomeMy WebLinkAboutCity Council Resolutions (R-00-1617)-03/07/2000
RESOLUTION R-QQ-1617
A RESOLUTION APPROVING A CONTRACT FOR ARCHITECTURAL DESIGN
SERVICES WITH F&S PARTNERS FOR CONSTRUCTION OF THE
COLLEYVILLE PUBLIC LIBRARY
WHEREAS, the City of Colleyville desires to secure the architectural design
services of F&S Partners for construction of the Colleyville Public
Library;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1.
THAT the City of Colleyville approves a contract for architectural
design services with F&S Partners, in an amount not to exceed
$252,300, for the construction of the Colleyville Public Library.
AND IT IS SO RESOLVED.
Pass~ by a vote of 5' ayes, 0 nays, and
7 -- day of =::M:arch , 2000.
o
abstentions, on this
j)~
CITY OF COLLEYVILLE:
DOe ~J
Mayor
ATTEST:
I Harris, TRMC, CMC
Secretary
IF01
F&S PARTNERS
ARCHITECTURE
INTERIOR DESIGf\:
rLANNING
RONAL[) I SHAW AlA
JAY E. FRANK. FAIA
ROBERT L SHAW. IR AlA
I STEVEN WARRICK. AlA
G. ALLEN ATKIf\:SON IR. AlA
A0:ITA I'ICOZZI MORAN. AlA
.\SSUCIAH I'RI NCI PALS
RONALD E M,FARLAND. AI,\
LYNN LORCH METZ IIDA
IERRY D TIMS AlA
35.;' TRAVIS STREET
SUITE 201. LB 1/3
DALLAS TEXAS 75204 - 1497
214.559.4851
FAX 214 - 526 - 7237
February 25, 2000
Ms. Diane McWethy
Assistant City Manager
5400 Bransford Road
Colleyville, Texas 76034
Re: Colleyville Library
FS 9923
Via Fax: 817-577-7555
Dear Diane:
Attached is the Owner / Architect Agreement for the Library which includes scope of
work descriptions for:
1. Predesign consulting services
2. Basic Architectural and Interior Design Services including furnishings selection
and specifications, and Technology Consultant Services.
The proposed services are based on a $2,000,000 budget for construction and FF&E.
(See attached Budget" A")
I believe that we have incorporated the comments from Wednesday's meeting, and
look forward to working with you on this exciting project.
Please advise if you have any further comments regarding the agreement.
Very truly yours,
onald J. Shaw, AlA
President
RJS:sls
Attachments
cc: File
Standard Form of Agreement Between Owner and Architect
AlA Document 8141 - Electronic Format
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN AlTORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICA TION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MAYBE MADE BY USING AlA
DOCUMENT D40 J.
Copyright 1917.1926.1948,1951.1953, ]958. 1961. 1963. 1966. 1967, 1970. 1974. 1977.1987 by The American Inslilute of Architects. 1735 New York Avenue.
N.W.. Washinglon, D.C.. 20006-5292. Reproduclion of the male rial herein or subslantial quotalion of its provisions withoUl wrinen permission of lhe AlA violales
the copyright laws of the Uniled Slales and will be subjecl 10 legal proseculion.
AGREEMENT
made as of the Twenty Eighth day of February in the year of NiReleeR Hl:IRdreEl aRd Two Thousand
BETWEEN the Owner:
(Name and address)
City of Colleyville
P.O. Box 185
Colleyville, Texas 76034
and the Architect:
(Name and address)
F&S Partners Incorporated
r -15 Travis Street, Suite 201
.las, Texas 75204
For the following Project:
(Include detailed description of Project. location. address and scope.)
Design and Construction Administration for a new library comprising approximately 10,600 gross sq. ft. Construction and
FFE cost not to exceed $2,000,000, generally apportioned as follows: Construction Cost budget $1,682,000. Furniture,
Fixtures and Equipment budget not to exceed $318,000 which includes a $100,000 allowance for computer hardware &
software, phones, cabling.
The Owner and Architect agree as set forth below.
)OCUMENT B14] - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - A]A - COPYRIGHT ]987 - THE AMER]CAN INSTITUTE OF
h..._HlTECTS. 1735 NEW YORK AVENUE N.W.. WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violales U.S. copyrighllaws and is subject 10
legal prosecution. This document was electronically produced with the permission of the AlA and can be reproduced withoul violation until the dale of expiration as
nOled below.
Electronic Format B] 4] -1987
User Document: 9923B141.DOC -- 2/27/2000. AlA License Number 104051, which expires on 1/6/2001 -- Page #1
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services
performed by the Architect, Architect's employees and
Architect's consultants as enumerated in Articles 2 and 3 of
this Agreement and any other services included in Article 12.
1.1.2 The Architect's services shall be performed as
expeditiously as is consistent with professional skill and care
and the orderly progress of the Work. Upon request of the
Owner, the Architect shall submit for the Owner'sapproval a
schedule for the performance of the Architect'sservices which
may be adjusted as the Project proceeds, and shall include
allowances for periods of time required for the Owner's
review and for approval of submissions by authorities having
jurisdiction over the Project. Time limits established by this
schedule approved by the Owner shall not, except for
reasonable cause, be exceeded by the Architect or Owner.
1.1.3 The services covered by this Agreement are subject
· 'l)e time limitations contained in Subparagraph 11.5.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those
described in Paragraphs 2.2 through 2.6 and any other
services identified in Article 12 as part of Basic Services, and
include normal structural, mechanical and electrical
" .
engmeenng servIces.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shalI review the program furnished by
the Owner to ascertain the requirements of the Project and
shall arrive at a mutual understanding of such requirements
with the Owner.
2.2.2 The Architect shall provide a preliminary evaluation
of the Owner's program, schedule and construction budget
requirements, each in terms of the other, subject to the
limitations set forth in Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner
alternative approaches to design and construction of the
Project.
2.2.4 Based on the mutualIy agreed-upon program.
schedule and construction budget requirements. the Architect
shall prepare, for approval by the Owner. Schematic Design
Documents consisting of drawings and other documents
illustrating the scale and relationship of Project components.
2.2.5 The Architect shall submit to the Owner a
preliminary estimate of Construction Cost based on current
area, volume or other unit costs.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design
Documents and any adjustments authorized by the Owner in
the program, schedule or construction budget. the Architect
shall prepare, for approval by the Owner, Design
Development Documents consisting of drawings and other
documents to fix and describe the size and character of the
Project as to architectural. structural, mechanical and
electrical systems, materials and such other elements as may
be appropriate.
2.3.2 The Architect shall advise the Owner of any
adjustments to the preliminary estimate of Construction Cost.
2.4
CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development
Documents and any further adjustments in the scope or quality
of the Project or in the construction budget authorized by the
Owner, the Architect shall prepare, for approval by the
Owner, Construction Documents consisting of Drawings and
Specifications setting forth in detail the requirements for the
construction of the Project.
2.4.2 The Architect shall assist the Owner in the
preparation of the necessary bidding information, bidding
forms, the Conditions of the Contract, and the form of
Agreement between the Owner and Contractor.
2.4.3 The Architect shall _ advise the Owner of any
adjustments to previous preliminary estimates of Construction
Cost indicated by changes in requirements or general market
conditions.
2.4.4 The Architect shall assist the Owner in connection
with the Owner'sresponsibility for filing documents required
)OCUMENT 8141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AlA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
A.._tllTECTS. 1735 NEW YORK AVENUE N.W.. WASHINGTON. D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with the pennission of the AlA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format B 141-1987
User Document: 99238141.DOC -- 2/27/2000. AlA License Number 104051, which expires on 1/6/2001 -- Page #2
for the approval of governmental authorities having
jurisdiction over the Project.
? 5 BIDDING OR NEGOTIATION PHASE
_.6.1 The Architect, following the Owner'sapproval of the
Construction Documents and of the latest preliminary estimate
of Construction Cost, shall assist the Owner in obtaining bids
or negotiated proposals and assist in awarding and preparing
contracts for construction.
2.6 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide Basic
Services for the Construction Phase under this Agreement
commences with the award of the Contract for Construction
and terminates at the earlier of the issuance to the Owner of
the final Certificate for Payment or 60 days after the date of
Substantial Completion of the Work.
2.6.2 The Architect shall provide administration of the
Contract for Construction 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,
unless otherwise provided in this Agreement.
2.6.3 Duties, responsibilities and limitations of authority of
the Architect shall not be restricted, modified or extended
without written agreement of the Owner and Architect with
,ent of the Contractor, which consent shall not be
.:asonably withheld.
2.6.4 The Architect shall be a representative of and shall
advise and consult with the Owner (l) during construction
until final payment to the Contractor is due, and (2) as an
Additional Service at the Owner'sdirection from time to time
during the correction period described in the Contract for
Construction. 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 instrument.
2.6.5 The Architect shall visit the site at intervals
appropriate to the stage of construction or as otherwise agreed
by the Owner and Architect in writing to become generally
familiar with the progress and quality of the Work completed
and to determine in general if the Work is being performed in
a manner indicating that the Work when 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. On the basis of on-site observations as an
architect, the Architect shall keep the Owner informed of the
progress and quality of the Work, and shall endeavor to guard
the Owner against defects and deficiencies in the Work.
(More extensi\'e site representation may be axreed to as WI Addil//Jl/lI!
Se,....ice. as described in Paraf(raph 3.2.)
2.6.6 The Architect shall not have control over or charge
of and shall not be responsible for 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 responsibility under the
Contract for Construction. The Architect shall not be
responsible for the Contractor's schedules or failure to carry
out the Work in accordance with the Contract Documents.
The Architect shall not have control over or charge of acts or
omissions of the Contractor, Subcontractors. or their agents or
employees, or of any other persons performing portions of the
Work.
2.6.7 The Architect shall at all times have access to the
Work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract
Documents or when direct communications have been
specially authorized, the Owner and Contractor shall
communicate through the Architect. Communications by and
with the Architect'sconsultants shall be through the Architect.
2.6.9 Based on the Architect's observations and
evaluations of the Contractor's Applications for Payment, the
Architect shall review and certify the amounts due the
Contractor.
2.6.10 The Architect's certification for payment shall
constitute a representation to the Owner, based on the
Architect's observations at the site as provided In
Subparagraph 2.6.5 and on the data comprising the
Contractor's Application for Payment, that the Work has
progressed to the point indicated and that, to the best of the
Architect's knowledge, information and belief, quality of the
Work is in accordance with the Contract Documents. The
foregoing representations are subject to an evaluation of the
Work for conformance with the Contract Documents upon
Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Contract Documents
correctable prior to completion and to specific qualifications
expressed by the Architect. The issuance of a Certificate for
Payment shall further constitute a representation that the
Contractor is entitled to payment in the amount certified.
However, the issuance of a Certificate for Payment shall not
be a representation that the Architect has (I) 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)
)OCUMENT 8141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AlA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
"h~HITECTS. 1735 NEW YORK A VENUE N.W.. WASHINGTON. D.C. 20006-5292.; Unlicensed pholocopying violales U.S. copyright laws and is subject to
legal proseculion. This document was electronically produced with the pennission of the AlA and can be reproduced without violalion until the date of expiralion as
nOled below.
Electronic Format B141-1987
User Document: 99238141.DOC -- 2/27/2000. AlA License Number 104051, which expires on 1/6/2001 -- Page #3
ascertained how or for what purpose the Contractor has used
money previously paid on account of the Contract Sum.
.11 The Architect shall have authority to reject Work
which does not conform to the Contract Documents.
Whenever the Architect considers it necessary or advisable
for implementation of the intent of the Contract Documents,
the Architect will have authority to require additional
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 performing
portions of the Work.
2.6.12 The Architect shall review and approve or take other
appropriate action upon 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
construction of the Owner or of separate contractors, while
allowing sufficient time in the Architect's professional
judgment to permit adequate review. Review of such
o..l)mittals is not conducted for the purpose of determining the
lracy and completeness of other details such as
dImensions and quantities or for substantiating instructions for
installation or performance of equipment or systems designed
by the Contractor, all of which remain the responsibility of the
Contractor to the extent 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 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. When professional
certification of performance characteristics of materials,
systems or equipment is required by the Contract Documents,
the Architect shall be entitled to rely upon such certification
to establish that the materials, systems or equipment will meet
the performance criteria required by the Contract Documents.
2.6.13 The Architect shall prepare Change Orders and
Construction Change Directives, with supporting
documentation and data if deemed necessary by the Architect
as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's
approval and execution in accordance with the Contract
Documents, and may authorize minor changes in the Work
not involving an adjustment in the Contract Sum or an
extension of the Contract Time which are not inconsistent
with the intent of the Contract Documents.
2.6.14 The Architect shall conduct inspections to determine
the date or dates of Substantial Completion and the date Df
final completion. shall receive and forward to the Owner for
the Owner'sreview 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 upon compliance with the requirements of the
Contract Documents.
2.6.15 The Architect shall interpret and decide matters
concerning performance of the Owner and Contractor under
the requirements of the Contract Documents on written
request of either the Owner or Contractor. The Architect's
response to such requests shall be made with reasonable
promptness and within any time limits agreed upon.
2.6.16 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 results of
interpretations or decisions so rendered in good faith.
2.6.17 The Architect's decisions on matters relating to
aesthetic effect shall be final if consistent with the intent
expressed in the Contract Documents.
2.6.18 The Architect shall render written decisions within a
reasonable time on all claims, disputes or other matters in
question between the Owner and Contractor relating to the
execution or progress of the Work as provided in the Contract
Documents.
2.6.19 The Architect'sdecisions on claims, disputes or other
matters, including those in question between the Owner and
Contractor, except for those relating to aesthetic effect as
provided in Subparagraph 2.6.17, sftall may be subject to
arbitration as provided in this Agreement and in the Contract
Documents.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not
included in Basic Services unless so identified in Article 12,
and they shall be paid for by the Owner as provided in this
Agreement, in addition to the compensation for Basic
)OCUMENT 8141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AlA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
h._.~HITECTS. 1735 NEW YORK A VENUE NW., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyrighllaws and is subject to
legal prosecution. This document was electronically produced with the pennission of the AlA and can be reproduced withoul violation until the date of expiration as
no led below.
Electronic Format B 141-1987
User Document: 9923B141.DOC -- 2/27/2000. AlA License Number 104051, which expires on 1/6/2001 -- Page #4
Services. The services described under Paragraphs 3.2 and
3.4 shall only be provided if authorized or confirmed in
writing by the Owner. If services described under Contingent
'rJditional Services in Paragraph 3.3 are required due to
.;umstances beyond the Architect's control, the Architect
shall notify the Owner prior to commencing such services. If
the Owner deems that such services described under
Paragraph 3.3 are not required, the Owner shall give prompt
written notice to the Architect. If the Owner indicates in
writing that all or part of such Contingent Additional Services
are not required, the Architect shall have no obligation to
provide those services.
3.2 PROJECT REPRESENTATION BEYOND
BASIC SERVICES
3.2.1 If more extensive representation at the site than is
described in Subparagraph 2.6.5 is required, the Architect
shall provide one or more Project Representatives to assist in
carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed
and directed by the Architect, and the Architect shall be
compensated therefor as agreed by the Owner and Architect.
The duties, responsibilities and limitations of authority of
Project Representatives shall be as described in the edition of
AlA Document B352 current as of the date of this Agreement,
unless otherwise agreed.
3.2.3 Through the observations by such Project
lresentatives, the Architect shall endeavor to provide
~u~ther protection for the Owner against defects and
deficiencies in the Work, but the furnishing of such project
representation shall not modify the rights, responsibilities or
obligations of the Architect as described elsewhere in this
Agreement.
3.3
CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings, Specifications or
other documents when such revisions are:
.1 inconsistent with approvals or instructions previously
given by the Owner, including revisions made
necessary by adjustments in the Owner's program or
Project budget;
.2 required by the enactment or revision of codes, laws
or regulations subsequent to the preparation of such
documents; or
.3 due to changes required as a result of the Owner's
failure to render decisions in a timely manner.
3.3.2 Providing services required because of significant
changes in the Project including, but not limited to, size,
quality, complexity, the Owner'sschedule. or the method of
biddino or neootiatino and contracting for construction.
e e e ......
except for services required under Subparagraph 5.2.5.
3.3.3 Preparing Drawings. Specifications and other
documentation and supporting data, evaluating Contractor's
proposals, and providing other services in connection with
Change Orders and Construction Change Directives.
3.3.4 Providing services in connection with evaluating
substitutions proposed by the Contractor and making
subsequent revisions to Drawings, Specifications and other
documentation resulting therefrom.
3.3.5 Providing consultation concerning replacement of
Work damaged by fire or other cause during construction. and
furnishing services required in connection with the
replacement of such Work.
3.3.6 Providing services made necessary by the default of
the Contractor, by major defects or deficiencies in the Work
of the Contractor, or by failure of performance of either the
Owner or Contractor under the Contract for Construction.
3.3.7 Providing services in evaluating an extensive number
of claims submitted by the Contractor or others in connection
with the Work.
3.3.8 Providing services in connection with a public
hearing, arbitration proceeding or legal proceeding except
where the Architect is party thereto.
3.3.9 Preparing documents for alternate, separate or
sequential bids or providing services in connection with
bidding. negotiation or construction prior to the completion of
the Construction Documents Phase.
3.4
OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and
programming the requirements of the Project.
3.4.2 Providing financial feasibility or other special
studies.
3.4.3 Providing planning surveys, site evaluations or
comparative studies of prospective sites.
3.4.4 Providing special surveys, environmental studies and
submissions required for approvals of governmental
authorities or others having jurisdiction over the Project.
3.4.5 Providing services relative to future facilities,
systems and equipment.
DOCUMENT 8141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AlA - COPYRIGHT 1987 _ THE AMERICAN INSTITUTE OF
..........:HITECTS. 1735 NEW YORK A VENUE N.W., WASHINGTON. D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with the permission of the AlA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format B141-1987
User Document: 99238141.DOC -- 2/27/2000. AlA License Number 104051, which expires on 1/6/2001 -- Page #5
3.4.6 Providing services to investigate existing conditions
or facilities or to make measured drawings thereof
... 4.7 Providing services to verify the accuracy of drawings
Jther information furnished by the Owner.
3.4.8 Providing coordination of construction performed by
separate contractors or by the Owner's own forces and
coordination of services required in connection with
construction performed and equipment supplied by the
Owner.
3.4.9 Providing services in connection with the work of a
construction manager or separate consultants retained by the
Owner.
3.4.10 Providing detailed estimates of Construction Cost.
3.4.11 Providing detailed quantity surveys or inventories of
material. equipment and labor.
3.4.12 Providing analyses of owning and operating costs.
3.4.13 Providing interior design and other similar services
required for or in connection with the selection, procurement
or installation of furniture. furnishings and related equipment.
3.4.14 Providing services for planning tenant or rental
snaces.
;'.4.15 Making investigations, inventories of materials or
equipment, or valuations and detailed appraisals of existing
facilities.
3.4.16 Preparing a set of reproducible record drawings
showing significant changes in the Work made during
construction based on marked-up prints, drawings and other
data furnished by the Contractor to the Architect.
3.4.17 Providing assistance in the utilization of equipment
or systems such as testing, adjusting and balancing,
preparation of operation and maintenance manuals, training
personnel for operation and maintenance, and consultation
during operation.
3.4.18 Providing services after issuance to the Owner of the
final Certificate for Payment, or in the absence of a final
Certificate for Payment. more than 60 days after the date of
Substantial Completion of the Work.
3.4.19 Providing services of consultants for other than
architectural, structural, mechanical and electrical engineering
portions of the Project provided as a part of Basic Services.
3.4.20 Providing any other services not otherwise included
in this Agreement or not customarily furnished in accordance
with generally accepted architectural practice.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding
requirements for the Project. including a program which shall
set forth the Owner's objectives, schedule. constraints and
criteria, including space requirements and relationships,
flexibility, expandability, special equipment, systems and site
requirements.
4.2 The Owner shall establish and update an overall
budget for the Project, including the Construction Cost, the
Owner's other costs and reasonable contingencies related to
all of these costs.
4.3 If requested by the Architect, the Owner shall furnish
evidence that financial arrangements have been made to fulfill
the Owner's obligations under this Agreement.
4.4 The Owner shall designate a representative
authorized to act on the Owner's behalf with respect to the
Project. The Owner or such authorized 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.
4.5 The Owner shall furnish surveys describing 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,
dimensions and necessary data pertaining 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.
4.6 The Owner shall furnish the services of geotechnical
engineers when such services are requested by the Architect.
Such services may include but are not limited to test borings,
test pits. determinations of soil bearing values. percolation
tests, evaluations of hazardous materials, ground corrosion
and resistivity tests, including necessary operations for
anticipating subsoil conditions, with reports and appropriate
)OCUMENT 8141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AlA - COPYRIGHT 1987 _ THE AMERICAN INSTITUTE OF
h.._HITECTS. 1735 NEW YORK A VENUE N.W.. WASHINGTON. D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecutIOn. ThIs document was electrOnically produced with the permission of the AlA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format B141-1987
User Document: 9923B141.DOC -- 2/27/2000. AlA License Number 104051. which expires on 1/6/2001 -- Page #6
professional recommendations.
4.6.1 The Owner shall furnish the services of other
~"nsultants when such services are reasonably required by the
pe of the Project and are requested by the Architect.
4.7 The Owner shall furnish structural, mechanical,
chemical, air and water pollution tests, tests for hazardous
materials, and other laboratory and environmental tests,
inspections and reports required by law or the Contract
Documents.
4.8 The Owner shall furnish all legal, accounting and
insurance counseling services as may be necessary at any time
for the Project, including auditing services the Owner may
require to verify the Contractor's Applications for Payment or
to ascertain how or for what purposes the Contractor has used
the money paid by or on behalf of the Owner.
4.9 The services, information, surveys and reports
required by Paragraphs 4.5 through 4.8 shall be furnished at
the Owner'sexpense, and the Architect shall be entitled to rely
upon the accuracy and completeness thereof.
4.10 Prompt written notice shall be given by the Owner to
the Architect if the Owner becomes aware of any fault or
defect in the Project or nonconformance with the Contract
Documents.
4.11 The proposed language of certificates or
ifications requested of the Architect or Architect's
\"~.Isultants shall be submitted to the Architect for review and
approval at least 14 days prior to execution. The Owner shall
not request certifications that would require knowledge or
services beyond the scope of this Agreement.
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or
estimated cost to the Owner of all elements of the Project
designed or specified by the Architect.
5.1.2 The Construction Cost shall include the cost at
current market rates of labor and materials furnished by the
Owner and equipment designed, specified, selected or
specially provided for by the Architect, plus a reasonable
allowance for the Contractor's 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 during construction.
of the Architect and Architect's consultants. the costs of the
land, rights-of-way, financing or other costs which are the
responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION
COST
5.2.1 Evaluations of the Owner's Project budget,
preliminary estimates of Construction Cost and detailed
estimates of Construction Cost, if any. prepared by the
Architect, represent the Architect's best 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. 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 Project budget or from any estimate of Construction
Cost or evaluation prepared or agreed to by the Architect.
5.2.2 No fixed limit of Construction Cost shall be
established as a condition of this Agreement by the furnishing,
proposal or establishment of a Project budget, unless such
fixed limit has been agreed upon in writing and signed by the
parties hereto. If such a fixed limit has been established, the
Architect shall be permitted to include contingencies for
design, bidding and price escalation, to determine what
materials, equipment, component systems and types of
construction are to be included in the Contract Documents, to
make reasonable adjustments in the scope of the Project and
to include in the Contract Documents alternate bids to adjust
the Construction Cost to the fixed limit. Fixed limits, if any,
shall be increased in the amount of an increase in the Contract
Sum occurring after execution of the Contract for
Construction.
5.2.3 If the Bidding or Negotiation Phase has not
commenced within 90 days after the Architect submits the
Construction Documents to the Owner, any Project budget or
fixed limit of Construction Cost shall be adjusted to reflect
changes in the general level of prices in the construction
industry between the date of submission of the Construction
Documents to the Owner and the date on which proposals are
sought.
5.2.4 If a fixed limit of Construction Cost (adjusted as
provided in Subparagraph 5.2.3) is exceeded by the lowest
bona fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fixed
limit;
.2 authorize rebidding or renegotlatmg of the Project
within a reasonable time;
){)CUMENT BI41 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AlA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
h.._HlTECTS. 1735 NEW YORK AVENUE ~.W., WASHINGTON. D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecuuon. ThiS document was electromcally produced with the permission of the AlA and can be reproduced without violation until the date of expiration as
noted below.
5.1.3
Construction Cost does not include the compensation
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.3 if the Project is abandoned, terminate in accordance
with Paragraph 8.3; or
.4 cooperate in revising the Project scope and quality as
required to reduce the Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause
5.2.4.4, the Architect, without additional charge, shall modify
the Contract Documents as necessary to comply with the fixed
limit, if established as a condition of this Agreement. The
'modification of Contract Documents shall be the limit of the
Architect's responsibility arising out of the establishment of a
fixed limit. The Architect shall be entitled to compensation in
accordance with this Agreement for all services performed
whether or not the Construction Phase is commenced.
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documents
prepared by the Architect for this Project are instruments of
the Architect's service for use solely with respect to this
Project and, unless otherwise provided, the Architect shall be
deemed the author of these documents and shall retain all
common law, statutory and other reserved rights, including
the copyright. The Owner shall be permitted to retain copies,
including reproducible copies, of the Architect's Drawings,
:ifications and other documents for information and
It.>erence in connection with the Owner's use and occupancy
of the Project. The Architect's Drawings, Specifications or
other documents shall not be used by the Owner or others on
other projects, for additions to this Project or for completion
of this Project by others, unless the Architect is adjudged to
be in default under this Agreement, except by agreement in
writing and with appropriate compensation to the Architect.
6.2 Submission or distribution of documents 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 Architect's reserved rights.
ARTICLE 7
ARBITRATION
7.1 Claims, disputes or other matters in question between
the parties to this Agreement arising out of or relating to this
Agreement or breach thereof shall may be subject to and
decided by arbitration in accordance with the Construction
Industry Arbitration Rules of the American Arbitration
Association currently in effect mHess if the parties mutually
agree CltAef'.-vise to arbitrate.
7.2 Demand for arbitration shall be filed in writing with
the other party to this Agreement and with the American
Arbitration Association. A demand for arbitration shall be
made within a reasonable time after the claim, dispute or other
matter in question has arisen. In no event shall the demand
for arbitration be made after the date when institution of legal
or equitable proceedings based on such claim, dispute or other
maller in question would be barred by the applicable. statutes
of limitations.
7.3 No arbitration arising oul of or relating to this
Agreement shall include, by consolidation, 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 signed by the Owner, Architect,
and any other person or entity sought to be joined. Consent to
arbitration involving an additional person or entity shall not
constitute consent to arbitration of any claim, dispute or other
matter in question not described in the written consent or with
a person or entity nol named or described therein. The
foregoing agreement to arbitrate and other agreements to
arbitrate with an additional person or entity duly consented to
by the parties to this Agreement shall be specifically
enforceable in accordance with applicable law in any court
having jurisdiction thereof.
7.4 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.
ARTICLE 8
TERMINATION, SUSPENSION OR
ABANDONMENT
8.1 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.
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's compensation
shall be equitably adjusted to provide for expenses incurred in
the interruption and resumption of the Architect's services.
8.3 This Agreement may be terminated by the Owner
upon not less than seven days' written notice to the Architect
in the event that the Project is permanently abandoned. If the
Project is abandoned by the Owner for more than 90
)QCUMENT BI41 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AlA - COPYRIGHT 1987 _ THE AMERICAN INSTITUTE OF
r.___HITECTS, 1735 NEW YORK AVENUE N.W.. WASHINGTON,D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with the permission of the AlA and can be reproduced without violation until the date of expiration as
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consecutive days, the Architect may terminate this Agreement
by giving written notice.
R 4 Failure of the Owner to make payments to the
:hitect in accordance with this Agreement shall be
considered substantial nonperformance and cause for
termination.
8.5 If the Owner fails to make payment when due the
Architect for services and expenses, the Architect may, upon
seven days' written notice to the Owner, suspend performance
of services under this Agreement. Unless payment in full is
received by the Architect within seven days of the date of the
notice, the suspension shall take effect without further notice.
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.
8.6 In the event of termination not the fault of the
Architect, the Architect shall be compensated for services
performed prior to termination, together with Reimbursable
Expenses then due and all Termination Expenses as defined in
Paragraph 8.7.
8.7 Termination Expenses are in addition to
compensation for Basic and Additional Services, and include
expenses which are directly attributable to termination.
Termination Expenses shall be computed as a percentage of
the total compensation for Basic Services and Additional
Services earned to the time of termination, as follows:
.1 Twenty percent of the total compensation for Basic
and Additional Services earned to date if termination
occurs before or during the predesign, site analysis,
or Schematic Design Phases; or
.2 Ten percent of the total compensation for Basic and
Additional Services earned to date if termination
occurs during the Design Development Phase; or
.3 Five percent of the total compensation for Basic and
Additional Services earned to date if termination
occurs during any subsequent phase.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwise provided, this Agreement shall be
governed by the law of the principal place of business of the
Architect.
9.2 Terms in this Agreement shall have the same
meaning as those in AlA Document A201, General
Conditions of the Contract for Construction, current as of the
date of this Agreement.
9.3 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.
9.4 The Owner and Architect waive all rights against
each other and against the contractors. consultants. agents and
employees of the other for damages, but only to the extent
covered by property insurance during c.onstruction. except
such rights as they may have to the proceeds of such insurance
as set forth in the edition of AlA Document A201. General
Conditions of the Contract for Construction. current as of the
date of this Agreement. The Owner and Architect each shall
require similar waivers from their contractors, consultants and
agents.
9.5 The Owner and Architect. respectively, bind
themselves, their partners, successors. assigns and legal
representatives to the other party to this Agreement and to the
partners, successors, assigns and legal representatives of such
other party with respect to all covenants of this Agreement.
Neither Owner nor Architect shall assign this Agreement
without the written consent of the other.
9.6 This Agreement represents the entire and integrated
agreement between the Owner and 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.
9.7 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.
9.8 Unless otherwise provided in this Agreement, the
Architect and Architect's consultants shall have no
responsibility for the discovery, presence, handling, removal
or disposal of or exposure of persons to hazardous materials
in any form at the Project site, including but not limited to
asbestos, asbestos products, polychlorinated biphenyl (PCB)
or other toxic substances.
9.9 The Architect shall have the right to include
representations of the design of the Project, including
photographs of the exterior and interior, among the Architect's
promotional and professional materials. 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
JOCUMENT BI41 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AlA - COPYRIGHT 1987 _ THE AMERICAN INSTITUTE OF
h..~HITECTS. 1735 NEW YORK A VENUE N.W.. WASHINGTON. D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with the permission of the AlA and can be reproduced without violation until the date of expiration as
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Electronic Format B 141-1987
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by the Owner to be confidential or proprietary. The owner
shall provide professional credit for the Architect on the
construction sign and in the promotional materials for the
nroject.
ARTICLE 10
PA YMENTS TO THE ARCHITECT
1Q1 ~RECTPERSONNELEXPENSE
10.1.1 Direct Personnel Expense is defi ned 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, pensions and similar contributions
and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to
compensation for Basic and Additional Services and include
expenses incurred by the Architect and Architect'semployees
and consultants in the interest of the Project, as identified in
the following Clauses.
10.2.1.1 Expense of transportation in connection with the
Project; expenses in connection with authorized out-of-town
travel; long-distance communications; and fees paid for
~M~uring approval of authorities having jurisdiction over the
Ject.
10.2.1.2 Expense of reproductions, including CADD
plotting, postage and handling of Drawings, Specifications
and other documents.
10.2.1.3 If authorized in advance by the Owner, expense
of overtime work requiring higher than regular rates.
10.2.1.4 Expense of renderings, models and mock-ups
requested by the Owner.
10.2.1.5 Expense of additional insurance coverage or
limits, including professional liability insurance, requested by
the Owner in excess of that normally carried by the Architect
and Architect's consultants.
10.2.1.6 ExpeRse-ef eOffilHlter aided-tlestgft-aRd draftiRg
etjl:liflRUJRt time '".HeR I:ISe8 in esnneetisn witH tHe Pi'ejeet
10.3 PAYMENTS ON ACCOUNT OF BASIC
SERVICES
10.3.1 An initial payment as set forth in Paragraph 11.1 IS
the minimum payment under this Agreement.
10.3.2 Subsequent payments for Basic Services shall be
made monthly and, where applicable, shall be in proportion to
services perfonned within each phase of service, on the basis
set forth in Subparagraph 11.2.2.
10.3.3 If and to the extent that the time initially established
in Subparagraph 11.5.1 of this Agreemenl is exceeded or
extended through no fault of the Architect, compensation for
any services rendered during the additional period of time
shall be computed in the manner set forth in Subparagraph
11.3.2.
10.3.4 When compensation is based on a percentage of
Construction Cost and any portions of the Project are deleted
or otherwise not constructed, compensation for those portions
of the Project shall be payable to the extent services are
perfonned on those portions, in accordance with the schedule
set forth in Subparagraph 11.2.2, based on (1) the lowest bona
fide bid or negotiated proposal, or (2) if no such bid or
proposal is received, the most recent preliminary estimate of
Construction Cost or detailed estimate of Construction Cost
for such portions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4.1 Payments on account of the Architect's Additional
Services and for Reimbursable Expenses shall be made
monthly upon presentation of the Architect's statement of
services rendered or expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 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 found to be liable.
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses
pertaining to Additional Services and services performed on
the basis of a multiple of Direct Personnel Expense shall be
available to the Owner or the Owner's authorized
representative at mutually convenient times.
ARTICLE 11
BASIS OF COMPENSATION
DOCUMENT 8141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AlA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
r.....:HITECTS, 1735 NEW YORK A VENUE N.W.. WASHINGTON. D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with the permission of the AlA and can be reproduced without violation until the date of expiration as
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The Owner shall compensate the Architect as follows:
11.1 AN INITIAL PAYMENT of Dollars ($ ) shall be made upon execution of this Agreement and credited to the Owner's
'ount at final payment.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article] 2 as pan of Basic Services.
Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages,
and identify phases to which particular methods of compensation apply, if necessary.)
Refer to Attachment "E" for Fees and Reimbursable Expenses.
11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services
in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.)
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
Total Basic Compensation
Fifteen percent ( 15 Cj()
Twenty percent ( 20 o/c)
Forty percent ( 40 %)
Five percent ( 5 %)
Twenty percent ( 20 % )
one hundred percent(l 00%)
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be
computed as follows:
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and ]2, other than (I) Additional Project
Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services
ansultants, compensation shall be computed as follows:
{",.<ert basis of compensation. including rates and/or multiples of Direct Personnel Expense for Principals and employees. and identify Principals and cla.uify
emplowes. if required. Identify specific services 10 which particular methods of compensation apply. if necessary.}
Additional Services shall be performed only if authorized or confirmed in writing by the Owner, and shall be provided on an
hourly basis or per F&S Partners' Rate Sheet Attachment "A" or for a lump sum fee as mutually agreed by the Owner and
the Architect. Additional Services include modifications or revisions to work which are inconsistent with previous
approvals or instructions given by the Owner.
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical
engineering services and those provided under Subparagraph 3.4,]9 or identified in Article 12 as part of Additional Services, a
multiple of one and one tenth ( 1.10) times the amounts billed to the Architect for such services.
(Identify specific types of consultants in Anicle 12. if required.)
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 and
Attachment "D" as Reimbursable Expenses, a multiple of one and one tenth ( 1.10 ) times the expenses incurred by the
Architect, the Architect's employees and consultants in the interest of the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within thirty ( 30) months of the date
hereof, through no fault of the Architect, extension of the Architect'sservices beyond that time shall be compensated as provided in
Subparagraphs 10.3.3 and 11.3.2.
)OCUMENT 8]41 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AlA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
h..~HITECTS, 1735 NEW YORK A VENUE N.W., WASHINGTON. D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subjecl to
legal prosecution. This document was electronically produced with the permission of the AlA and can be reproduced without violation until the date of expiralion as
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11.5.2 Payments are due and payable fifteen ( 15 ) days from the date. of the Architect's invoice. Amounts unpaid. . thirty ( 30
) days after the invoice date shall bear interest at the rate entered below, or In the absence thereof at the legal rate prevailing from time
tr, time at the principal place of business of the Architect. and, are to be made monthly.
-err rate of interest agreed upon.)
(U.'UT\' laws and requirements under the Federal Truth in Lending Act. similar state and local consumer credit laws and other regulations at the Owner'sand
Archiiect's principal places of business. the location of the Project and elsewhere mG.I' affect the validity of this provision. Specific lefial ad~'ice should be obtamed
with respect to deletions or modifications, and also regardinfi requiremellls such as written dlselmures or wai~'ers.)
.11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review
practices of the Architect.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
(Insert descriptions of other services. identify Additional Services ineluded within Basic Compensatiml alld modifications to the pa.l'lIIelll and compensation tenn,
in eluded in this Agreement.)
12.1 Architect shall provide predesign services per Attachment "B". Predesign services are in addition to Basic
Services. Fees shall be in addition to Basic Services fees and shall be billed monthly in proportion to services
performed.
12.2 Architect shall provide services for the selection of furnishings and fixtures per Scope of Work in Attachment
"CII.
12.3 Changes in Scope of Work: Should the project scope increase or decrease by more than 5% Basic Services
Fees shall be equitably adjusted.
12.4 Technology Consulting shall be included as a part of services per Attachment "D".
.5 CONTRACTOR SUBSTITUTIONS: Architect shall make provisions in Contract Documents to require
Contractor to pay Additional Services Fees which directly result from Contractor initiated substitutions, changes,
and claims which are inconsistent with the requirements of the Contract Documents and for evaluation of
deficiencies in the work of the Contractor.
12.6 MULTIPLE CONSTRUCTION CONTRACTS: Owner anticipates a single Construction Contract for new
construction. In the event Architect is required to administer multiple contracts, compensation to Architect shall
be equitably adjusted.
12.7 ADDITIONAL CONSULTANTS: Additional Consultants which may be required and which are not included in
Basic Services shall include Civil Engineering, Landscape Design, Acoustical, and Cost Consultants. Fees for
services of these additional Consultants, when requested by the Owner shall be billed at 1.10 times the cost to
the Architect for such services. Architect shall assist Owner in securing proposal's for Consultant Services.
12.8 OWNER CONTACT: Owner shall designate a single point of contact with responsibility for providing timely
decisions to the Architect.
12.9 SPECIAL PROVISIONS FOR ASBESTOS OR HAZARDOUS OR TOXIC MATERIALS: It is understood that the
site may contain asbestos or products containing asbestos or hazardous or toxic materials, substances known to
present health hazards. The Owner acknowledges that the Architect's and its Consultants' scope of services for
this project does not include any services related in any way to asbestos or hazardous or toxic materials.
Assessment of site for asbestos contamination or hazardous or toxic materials and related sampling and
abatement procedures shall be provided as deemed necessary by the Owner by an appropriate Consultant or
engineering firm engaged by Owner. Architect shall be entitled to rely upon the information and
recommendations made by such Consultant or Engineer. Owner shall require such Consultant or engineering
firm to have in force such professional errors and omissions insurance as Owner may deem reasonable under
the circumstances. Owner shall endeavor, but is not required, to obtain a hold-harmless indemnity from such
AlA DOCUMENT 8141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AlA - COPYRIGHT 1987 _ THE AMERICAN INSTITUTE OF
ARCHITECTS. 1735 NEW YORK A VENUE N.W., WASHINGTON. D.C. 20006-5292.; Unlicensed photocopying viol ales U.S. copyright laws and is subjecllo
legal prosecution. This document was electronically produced wiIh Ihe permission of Ihe AlA and can be reproduced wiIhout violation until the date of expiralion as
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Consultant or engineering firm for the benefit of itself and Architect for all claims relating to asbestos or
hazardous or toxic materials.
The Owner agrees to waive all claims against the Architect and his Officers, Directors, Employees and
Subconsultants arising from or in any way connected with the existence of asbestos or asbestos-containing
materials or hazardous or toxic materials in the buildings and on or about the site.
The Owner further agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Architect
for any and all damages, liabilities or costs, including reasonable attorney's fees and defense costs, arising in
any way from the existence of asbestos or asbestos-containing materials or hazardous or toxic materials on or
about the site except for those damages, liabilities or costs attributable to the sole negligence or willful
misconduct of the Architect. The Architect shall not be responsible in any way for any safety precautions,
including measures for the protection of the Contractor or any Subcontractor nor for the protection of the public.
Such responsibility for safety precautions is and shall remain that of the Owner and Contractor.
12.10 NONPAYMENTfTERMINATION OF SERVICE: Charges held to be in dispute shall be called to Architect's
attention within ten days of receipt of Architect's invoice. Owner agrees that Architect has the right to suspend
or terminate service if undisputed charges are not paid within 45 days of receipt of Architect's invoice, and
agrees to waive any claim against Architect, and to indemnify, defend, and hold Architect harmless from and
against any claims arising from Architect's suspension or termination due to Owner's failure to provide timely
payment.
12.11 Architect shall proceed with Basic Services Phases or Additional Services with confirmation of approval to do so
by Owner.
12.12 Effective September 1, 1991, the Texas Department of Licensing and Regulation is requiring review of all
buildings defined as "public accommodation" by Section 301 (7) of the Americans with Disabilities Act (ADA)
which are constructed on or after January 1, 1992. Review of the construction documents are subject to the
following fees:
Plan reviews
Inspections
Variance Request
$370 per project at $1,000,001 to $5,000,000.
$290 each
$100 each
12.13 The Texas board of Architectural examiners, 8213 Shoal Creek Boulevard, Suite 107, Austin, Texas 78758,
telephone (512) 458-1363, has jurisdiction over individuals licensed under the Architect's Registration Law,
Texas Civil Statutes, Article 249a.
12.14 Architect shall provide insurance coverage including professional liability insurance per its current coverage of
$1,000,000 per Certificate of Insurance attached as Attachment "F".
This Agreement entered into as of the day and year first written above.
OWNER
ARCHITECT
b&~
Ronald J. Shaw, AlA, President
(Printed name and lille)
~)~\~
C. Robert Stripling, City Manager
(Printed name and title)
AlA DOCUMENT 8141 - OWNER-ARCHITECf AGREEMENT - FOURTEENTH EDITION - AlA - COPYRIGHT 1987 _ THE AMERICAN INSTITUTE OF
ARCHITECT~. 1735.NEW YORK A VENUE N.W., W ASHIN~TON, D.C. 20006-5292.; Unlicensed pholocopying violates U.S. copyrighllaws and is subject to
legal prosecuUon. ThIs document was electronically produced WIth the pennission of the AlA and can be reproduced without violation until the dale of expiration as
nOled below.
Electronic Format B 141-1987
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F&S PARTNERS
ARCHITECTURE
INTERIOR DESIGN
PLANNING
HOURLY RATES
PRINCIPALS
ASSOCIATE PRINCIPALS
3535 TRAVIS STREET
SU ITE 201. LB. 113
DALLAS. TEXAS 7S204-1497
214-559-4851
FAX 214-526-7237
ATTACHMENT A - BILLING RATES -MAY 1. 1999
Principal
Associate Principal/Project Manager
Senior Architect
Architectural Staff
Clerical
Interior Designer Staff
Construction Administrator
Senior Interior Designer
$lSO.OO/hr
$US.OO/hr.
$lOO.OO/hr.
$77.00/hr.
$44.00/hr.
$77.00/hr.
$9S.00/hr.
$93.00/hr.
Ronald J. Shaw, AlA
Jay E. Frank, FAIA
J. Steven Warrick, AlA
Robert L. Shaw, Jr., AlA
G. Allen Atkinson, Jr., AlA
Anita P. Moran, AlA
Ronald E. Mcfarland, AlA
Lynn Lorch Metz, IIDA
Jerry D. Tims, AIA, CSI
Rates are subject to change in accordance with F&S Partners' annual salary reviews.
ATTACHMENT liB"
SCOPE OF WORK FOR PREDESIGN PLANNING AND PROGRAMMING
The City of Colleyville desires to secure the professional services of F&S Partners for
Predesign Planning and Programming Services for a new Colleyville Public Library, as
described herein and are in addition to Basic Architectural Service. The scope of
work consists of providing Consulting services to interface with the scope of work to
be performed by the City's Library Consultant.
A. SCOPE OF WORK FOR INTERFACE WITH CITY'S LIBRARY CONSULTANT
The Consultant's assignment related to providing consulting services to interface with
the scope of work to be performed by the City's Library Consultant are as follows:
1. Information Gathering
a. Background review and planning session - F&S will attend a meeting with
City's Library Consultant and City Representatives to explain programming
needs of Colleyville and define directions the City will use to identify
programming goals.
b. Community public input session. - F&S will attend an open meeting with
the citizens of Colleyville to discuss the programming and design process
process.
c. Public focus groups - F&S Partners will attend Public Focus Groups which
will include three and one half days of on-site visits - consisting of no more
than 10 groups.
d. Meeting with potential partner cities and libraries - F&S will attend
meeting with Owner and the City's Library Consultant to review Library
Consultant findings from meetings with other library directors and other
groups that are included in the programming process.
2. Needs Assessment
a. Needs Assessment review -'F&S will meet with City's Library Consultant
and review results of meetings (ref. la. - 1d.)
b. Needs Assessment Draft - F&S will attend one meeting with the Owner
and City's Library Consultant to review the Needs Assessment Draft and
advise the Owner on the findings and recommendations submitted by the
City's Library Consultant.
c. Needs Assessment Final - F&S will attend one meeting with the Owner
and City's Library Consultant to present the Needs Assessment Final and
advise the Owner on the findings and recommendations submitted by the
City's Library Consultant.
d. Needs Assessment presentation - F&S will attend one meeting with the
City Council, Library Advisory Committee and City's Library Consultant to
present the Needs Assessment Final.
3. Building Program
a. Building Program Review - F&S will meet with City's Library Consultant's
and review the Building Program options and draft.
b. Building Program Draft - F&S will attend one meeting with the Owner and
City's Library Consultant to review the Building Program Draft and advise
the Owner on the findings and recommendations submitted by the City's
Library Consultant.
c. Building Program Final- F&S will attend one meeting with the Owner and
City's Library Consultant to present the Building Program Final and advise
the Owner on the findings and recommendations submitted by the City's
Library Consultant.
d. Adjacency Diagrams - F&S will provide adjacency diagrams illustrating
the areas defined in the Building Program Final.
e. Site Plans - F&S will provide a block plan site study to assist the City in
site selection.
f. City Council and appointed Library Advisory Committee - F&S will
attend joint meeting with City Council, Library Advisory Committee and the
City's Library Consultant for present the Building Program Final.
4. Architectural and interior design review - F&S will meet with the City's
Library Consultant to review the architectural and interior design drawings
during the Schematic Design phase and the Design Development phase of the
design process. (Included in Architectural Basic Services)
ATTACHMENT "C"
SCOPE OF WORK FOR INTERIOR DESIGN - FF&E
A. SCOPE OF WORK - BASIC SERVICES
The consultant's assignment related to providing consulting services for interior
design for fixtures, Furniture and Equipment (FF&E) are as follows:
1. Programming - provide: .
a. One (1) meeting to establish design criteria, quality and budget.
b. Review Library Consultant's Building Program.
c. Preliminary FF&E budget based on cost per square foot.
d. Preliminary FF&E project schedule.
e. Meeting with Colleyville's Owner Representatives for review and approval.
2. Schematic Design - Based on the approved Programming, provide:
a. Schematic FF&E Plans.
b. Coordination of Furniture with Architectural "Room Data Sheets".
c. Preliminary information regarding power and cabling coordination.
d. Preliminary furniture style recommendations in coordination with
Architectural design.
e. Preliminary FF&E finish palettes in coordination with Architectural finishes.
f. Preliminary FF&E budgets (based on quantities and general quality).
g. Updated FF&E project schedule.
h. Meeting with Colleyville's Owner Representatives for review and approval.
i. One (1) table top presentation to City Staff, or City Council for review and
approval.
3. Design Development - Based on the approved Schematic Design, provide:
a. Revised FF&E plans and design, incorporating Owner comments and
changes during the Architectural effort.
b. Final FF&E manufacturer recommendations for new Furniture.
c. Final FF&E finish selections based on approved Architectural finish palette
and manufacturer.
d. Updated FF&E budgets (based on approved quantities, manufacturer,
finishes and reuse of existing furniture).
e. Updated FF&E project schedule.
f. Meeting withColleyville's Owner Representatives for review and approval.
g. One (1) table top presentation to City Staff or City Council for review and
approval.
4. Construction Documents - Based on the approved Design Development, provide:
a. Final FF&E Plans incorporating Owner comments and changes during the
Architectural and Interior Design effort.
b. Coded plans including reference of new FF&E and coordination of power &
communication connection locations for workstations with Architectural
documents.
c. Preliminary FF&E specifications for Owner review and comments.
d. Final FF&E specifications prepared for public bid. Specifications to include
location, furniture type, quantity, model number, and finish for fabrication,
procurement, shipment, delivery and installation of FF&E by furniture
dealers.
e. Update FF&E budget based on approved Construction Documents.
f. One (1) project notebook containing FF&E Construction Documents and
finish samples.
5. Bid/Negotiation
a. Advise Owner and Vendor(s) on clarifications and issue Addenda.
b. Assist Owner in evaluating prices and make recommendation for contract
awards.
6. Contract Administration
a. Advise Owner and Vendor(s) on clarification items.
c. Make one (1) on site visit to review completed FF&E installation and
develop and process Furniture punch list.
d. Make one (1) on site visit for review of completed punchlist prior to Owner's
final acceptance.
B. SCOPE OF WORK - ADDITIONAL SERVICES
1. Work set forth by the Owner which is not set forth in the Basic Services.
2. Revisions to work which are inconsistent with previous approvals or
instructions.
3. Services related to the advertisement or issuance of bidding documents.
4. Coordinate the installation of Furniture Vendors with Architectural Building
completion.
5. Work requested by Owner after 30 months from the commencement of
this project.
5. Services to develop and/or evaluate alternates for the bid documents.
6. Services to develop multiple bid documents other than stated above.
7. Services to develop record drawings.
8. Additional presentations other than stated above.
C. OWNERS RESPONSffiILITIES
1. Provide a single project representative.
2. Exercise review and approval function in accordance with the agreed project
schedule.
3. Provide all pertinent information developed to date which will affect the
Work to be performed by F&S Partners for this project.
4. Advertise, issue and receive Furniture Bids.
s. Execute the contract awards into signed agreements with the successful furniture
bidders.
6. Coordinate the installation of Furniture Vendors with Architectural Building
completion.
7. Receive the furniture and provide on-site representation during furniture
installation.
8. Provide all management and coordination for the relocation of any existing
FF&E ie. copiers, computers, microfiche etc.
A TT A CHMENT "0" - Technology Consulting for Developmen t of Technology Action Plan
Scope: Work with City's Library Consultant and Architect to develop a Technology
Action Plan.
1. Extract technology elements from needs assessment and startup plan. Provide
detail to clarify technical objectives of report.
2. Refine Technology Action Plan working with Owner.
3- '-00; 4:07PM;F&S Partners
S2E
ATTACHMENT "E"
Fixed Fees and Reimbursable Expenses are summarized as follow:
1. Basic Services described in Article 2:
2. Predesign Services described in Attachment "B"; Hourly
Not to Exceed
3. Interior Design and selection of furnishings and fixtures
per Attachment "C":
4. Technology Consultant Services per Article 12.4, Attachment "0":
5. Reimbursable Expenses per Article 10.2 not to exceed:
Total not to exceed fee:
Payment for Fees and Reimbursable Expenses shall be made monthly per
Article 11.5.2
$186,000
$19,000
$23,000
$3,300
$21,000
$252,300
ATTACHMENT "F"
[~~ ~~~~:l
PRO . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Me ugh11n/Brunson HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Insurance Agency ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
'925 Estate Lane, #250 COMPANIES AFFORDING COVERAGE
uallas, TX 75238 ~AAW
A American Manuf . Mutual CKemDer)
INSURED
F & S Partners, Inc.
3535 Travis street
suite 201
Dallas, Tx 75204
I
Cl:>>llPAN'f
B Desian Professionals Ins. Co.
et::MPNI'f
cAmerican Motorists Ins. Co. (Kemper)
COIPAN'f
D
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTAACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERSN IS SUBJECT TO AlL THE TERMS.
EXCLUSIONS AND CONDmONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
co
LTR
TYPE OF INSURANCE
POUCY NUMIIER
POLICY EFFECTIVE POUCY EXPIRATION
DATE CfilM/DIIiYY) DATE CfilIIIDDJ'IY)
UIIITS
~UA8lUIY
C X ~G~~l~~ 7JW611303-01
. ....... I ClAIMS MADE 00 OCCUR
_ OWNER'S &CON~OR'S PROT
-
04/19/99 04/19/00
GENERAl AGGREGAlC
PROOUClS - COMPIOP AGO
~&MNINJUAY
EACH OCCURRENCE
FIRE DAMAGE ~ on. lire)
MEDElCP ~ DM~
. 2.000.00C
s 2,000.00
s 1.000.00
s 1.000.00C
s 100. DOC
. 5 DOC
AUTOIIOIIILE LWIIUlY
C1qAN'fAUTO
~ OWNED AUTOS
_ SCHEDUlED AUTOS
X HIRED AUTOS
'X NON-OWNED AUTOS
-
~ UA8lUTY
N4Y AUTO
7WW611303-00 04/19/99 04/19/00 COMBINED SINGlE UMIT s 1.000.00C
BOOIl Y NJURY S
(P..- ~
EIOOILY INJURY S
(PIIf' IICCidenl)
PROPERTY DAMAGE S
AUTO ONlY - EA ACCIDENT S
OTHER THAN AUTO ONLY: i_d. . .....:<:)
EACH ACCIDENT S
AGGREGAlC S
EACH OCCURRENCE s 2. 000. 00(l
7JW611303-01 04/19/99 04/19/00 AGOREGAlE s 2.000.00
s
X r WClfrA---ru:;T ]1f: :-.._:...::<;"_:....:::
7CQ611329-01 05/01/99 05/01/00 El EACH ACCIDENT S 500.00e
a. DISEASE - POUCY lIMIT . 500. OO(
a. DISEASE - EA EMPL.OV'EE S 500.00(
PLOI0884-01 09/01/98 09/01/01 $1,000,000 Claim / Agg
-
-
EXCESS UA8lUIY
C Xl UMBREllA FORM
"I OTHER THAN UMBRElLA FORM
WORKERS COMPENSATION AND
A EMPLOYERS' LWIIUlY
~~ rxlN1
OFFlCERSARE: II EXCl
OTHER
B Professional
Liabilty
DESCRIPllON Of OPERAnoNSILOCATlONSlYEHICLESISPECIAL ITEMS
The claims made professional liability coverage is the total aggregate limit
for all claims presented within the policy period and is subject to a
deductible. -
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Master certificate
l~.i!~a[mi"ilij\CiiM'Y .......++., ....
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL EHDEAVOR TO MAIL
.l..O.- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
BUT FAILURE TO MAIL SUCH NOTICE SHALL ,-c'OSE NO OBUQATI
Of y ICIItD UPC THE COMPANY, 5 AGENTS OR "RES
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