Loading...
CF-Justice Center-AG 941129 AGENDA REQUEST FORM CITY COUNCIL MEETING: November 29, 1994 ITEM ITEM CAPTION: Consideration of awarding a contract to Phillips Swager Associates in an amount not to exceed $349,200.00 for the purpose of providing total architectural services for the construction of a Police/Courts/Jail facility, Fire Station, and the renovation of Town Center and Fire Station #iv and authorizing the Mayor to sign. SUBMITTED BY: Clay A. Phillips, Asst. City Mgr./Fire Chief INITIA~~~ Steven G. Goram, Director of Information Services INITIALS STAFF COMMENTS: See attached comments. STAFF RECOMMENDATION Approval ~ Denial EXPLANATION: Staff will be present to answer questions from Council. BUDGET AMT.$ AMT. EST.$ +/- BUD:$ FINANCIAL COMMENTS: Funding provided from General Fund, Fund Balance, to be repaid from proceeds of 1995 Certificates of Obligation. FINANCIAL REVIEW: ~ CITY MANAGER REVIEW: Age. da Request Form - ReUsed 1/94 AGENDA REQUEST NARRATIVE STAFF COMMENTS: The scope of services for this project is multi-faceted. Four separate projects will be included: Project No. 1 is the design and construction administration for Fire Station #1 to be constructed on Southwestern. This station is to be a prototype of Stations #2 and #3. Preliminary site plans for these stations will be included to verify adaptability. Project No. 2 is the design and construction administration for the renovation of Fire Station #1 into a Senior Citizens Center. Project No. 3 is the design and construction administration for Police/Courts/Jail facility. Project No. 4 is the design and construction administration for the interior renovation of Town Center. This project will include the renovation for the entire second floor as well the portions of the first floor vacated by the Police Department. The architect will provide the following services on each of the projects: schematic design phase, design development phase, construction document phase, bidding or negotiating phase, construction phase, programming phase, and the furniture selection specification phase. Each phase for each project has been itemized and is included in the contract. Details of the contract are included in the agenda item packet. The majority of the information is located in Article 12 of the American Institute of Architects Document B141. Staff feels that this project will enable the City to complete the facilities needs for the Police and Fire Departments, as well as the general government offices located at Town Center. In addition, the senior citizens of our community will be provided the facility they desire. Staff feels very comfortable in recommending the approval of this contract. In so doing we will ensure that continuity exists for the architectural services on each of these facilities. While the $349,200.00 called for in this contract is a substantial amount of money, we will ultimately be building approximately $3.8 million worth of facilities plus furnishings. Both staff and the architect will be present at the City Council meeting to provide answers to questions you may have. ~ Narrative- Revised 1/94 T H E A M E R I G A N I N S T I T U T E 0 F A R C H I T E C T S AIA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSUL TA T/ON WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the day of Novmt:er in the year of Nineteen Hundred and Ni_m:~y Four BETWEEN the Owner: (Name and address) Ci I;~r of Coppell P.O. Box 478 Coppell, TX 75019 and the Architect: Phillips S~rager Associates (Name and ad. dress) 12404 Park Central Drive, Suite 240 Dallas, TX 75251-1819 For the following Project: (Include detailed description of Project, location, address and scope.) Project I: Dssi~n and 0cnstruaticn ktTdnistr~ticn for Fire Staticn No. 1 to be ocrstn]ctsd m ~ St. q]mis statifn is to be a protot~ for Static~ 2 & 3 - Preliminary site plans for tlqese stations will be Project II: Design mx~ ~icn/~Rstraticn for rmov-atim of old Fire Staticn No. 1 cn ~ Rd. ~ cutp] i~Y~. Proje~ III: Progrm~ DemiDn ~ Omstrmticn i~ctnini~ion for a Polioe, Jail ~d l, trRci[:ml (lmr~ fmpility e Yn}Dc t agree as setS VJo to Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA ~M~=NT B]41 · OWNER-ARCHITECT AGREEMENT · FOURTEENTH EDITION · AIA® · ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ~ 4~ .~ ~ ~ WA~NIN~: Unl}¢e,,~l phol~/In~ violates 0.$. co~/rt~! laws amd la ~ec! ~o legal ~rosec-fion. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE I schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents ARCHITECT'S RESPONSIBILITIES consisting of drawings and other documents to fix and describe the size and character of the Project ;is to architectural, stmc- 1.1 ARCHITECT'S SERVICES tural, mechanical and electrical systems, materials and such 1.1.1 The Architect's services consist of those services per- other elements as may be appropriate. formed by the Architect, Architect's employees and Architect's 2.3.2 The Architect shall advise the Owner of any adjustments consultants as enumerated in Articles 2 and 3 of this Agreement to the preliminary estimate of Construction Cost. and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- 2.4 CONSTRUCTION DOCUMENTS PHASE tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the 2.4.1 Based on the approved Design Development Docu- Architect.shall submit for the Owner's approval a schedule for merits and any further adjustments in the scope or quality of the performance of the Architect's services which may be the Project or in the construction budget authorized by the adjusted as the Project proceeds, and shall include allowances Owner, the Architect shall prepare, for approval by the Owner, for periods of time required for the Owner's review and for Construction Documents consisting of Drawings and Specifica- approval of submissions by authorities having jurisdiction over tions setting forth in detail the requirements for the construe- the Project. Time limits established by this schedule approved tion of the Project. by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- 1.1.3 The services covered by this Agreement are subject to tions of the Contract, and the form of Agreement between the the time limitations contained in Subparagraph 11.5.1. Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments ARTICLE 2 to previous preliminary estimates of Construction Cost indi- SCOPE OF ARCHITECT'S BASIC SERVICES cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with 2.1 DEFINITION the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction 2.1.1 The Architect's Basic Services consist of those described over the Project. in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal struc- tural, mechanical and electrical engineering services. 2.5 BIDDING OR NEGOTIATION PHASE 2.2 SCHEMATIC DESIGN PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate 2.2.1 The Architect shall review the program ~.::.'-A:Ec~ ~3' :-'--~ of Construction Cost, shall assist the Owner in obtaining bids C .. ,~c; to ascertain the requirements of the Project and shall or negotiated proposals and assist in awarding and preparing arrive at a mutual understanding of such requirements with the contracts for construction. Owner. 2.2.2 The Architect shall provide a preliminary evaluation of 2.6 CONSTRUCTION PHASE--ADMINISTRATION the Owner's program, schedule and construction budget OF THE CONSTRUCTION CONTRACT requirements, each in terms of the other, subject to the limita- tions set forth in Subparagraph 5.2.1. 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences 2.2.3 The Architect shall review with the Owner alternative with the award of the Contract for Construction and termi- approaches to design and construction of the Project. nates at the earlier of the issuance to the Owner of the final 2.2.4 Based on the mutually agreed-upon program, schedule Certificate for Payment or 60 days after the date of Substan- and construction budget requirements, the Architect shall tial Completion of the Work. prepare, for approval by the Owner, Schematic Design Docu- 2.6.2 The Architect shall provide administration of the Con- merits consisting of drawings and other documents illustrating tract for Construction as set forth below and in the edition of the scale and relationship of Project components. AIA Document A201, General Conditions of the Contract for 2.2.5 The Architect shall submit to the Owner a preliminary Construction, current as of the date of this Agreement, unless estimate of Construction Cost based on current area, volume or otherwise provided in this Agreement. other unit costs. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without 2.3 DESIGN DEVELOPMENT PHASE written agreement of the Owner and Architect with consent of 2.3.1 Based on the approved Schematic Design Documents the Contractor, which consent shall not be unreasonably and any adjustments authorized by the Owner in the program, withheld. AIA [~X~JMIgNT B141 · OWNER-ARCHITECT AGREEMENT · FOURTEENTH ED1TION · AIA® · ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1 987 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 2.6.4 The Architect shall be a representative of and shall advise quantity of the Work, (2) reviewed construction means, meth- and consult with the Owner (1) during construction until final ods, techniques, sequences or procedures, (3) reviewed copies payment to the Contractor is due, and (2) as an Additional Ser- of requisitions received from Subcontractors and material sup- vice at the Owner's direction from time to time during the cor- pliers and other data requested by the Owner to substantiate rection period described in the Contract for Construction. The the Contractor's right to payment or (4) ascertained how or for Architect shall have authority to act on behalf of the Owner what purpose the Contractor has used money previously paid only to the extent provided in this Agreement unless otherwise on account of the Contract Sum. modified by written instrument. 2.15.11 The Architect shall have authority to reject Work which 2.6.$ The Architect shall visit the site at intervals appropriate does not conform to the Contract Documents. Whenever the to the stage of construction or as otherwise agreed by the Architect considers it necessary or advisable for implementa- Owner and Architect in writing to become generally familiar tion of the intent of the Contract Documents, the Architect will with the progress and quality of the Work completed and to have authority to require additional inspection or testing of the determine in general if the Work is being performed in a man- Work in accordance with the provisions of the Contract Docu- ner indicating that the Work when completed will be in accor- ments, whether or not such Work is fabricated, installed or dance with the Contract Documents. However, the Architect completed. However, neither this authority of the Architect nor shall not be required to make exhaustive or continuous on-site a decision made in good faith either to exercise or not to exer- inspections to check the quality or quantity of the Work. On cise such authority shall give rise to a duty or responsibility of the basis of on-site observations as an architect, the Architect the Architect to the Contractor, Subcontractors, material and shall keep the Owner informed of the progress and quality of equipment suppliers, their agents or employees or other per- the Work, and shall endeavor to guard the Owner against sons performing portions of the Work. defects and deficiencies in the Work. (More extensive site representation may be agreed to as an Additional Service, as 2.6.12 The Architect shall review and approve or take other described in Paragraph 3.2.) appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited 2.6.6 The Architect shall not have control over or charge of purpose of checking for conformance with information given and shall not be responsible for construction ,means, methods, and the design concept expressed in the Contract Documents. techniques, sequences or procedures, or for iafety precautions The Architect's action shall be taken with such reasonable and programs in connection with the Work, since these are promptness as to cause no delay in the Work or in the con- solely the Contractor's responsibility unde~ the Contract for struction of the Owner or of separate contractors, while allow- Construction. The Architect shall not be :r~$ponsible for the lng sufficient time in the Architect's professional judgment to Contractor's schedules or failure to carry out the Work in accor- permit adequate review. Review of such submittals is not con- dance with the Contract Documents. The ~Architect shall not ducted for the purpose of determining the accuracy and corn- have control over or charge of acts or omis,s}ons of the Contrac- pleteness of other details such as dimensions and quantities or tor, Subcontractors, or their agents or e~loyees, or of any for substantiating instructions for installation or performance of other persons performing portions of the· .~;ork. equipment or systems designed by the Contractor, all of which , , remain the responsibility of the Contractor to the extent 9.6.? The Architect shall at all times hav&'access to the Work required by the Contract Documents. The Architect's review wherever it is in preparation or progress.: i shall not constitute approval of safety precautions or, unless · otherwise specifically stated by the Architect, of construction 2.6.S Except as may otherwise be provicfed in the Contract means, methods, techniques, sequences or procedures. The Documents or when direct communicati6ns have been spe- Architect's approval of a specific item shall not indicate cially authorized, the Owner and Contract~)r shall communicate ,approval of an assembly of which the item is a component. through the Architect. Communications by and with the Archi- When professional certification of performance characteristics tect's consultants shall be through the Architect. of materials, systems or equipment is required by the C~)ntract Documents, the Architect shall be entitled to rely upon such 9.6.9 Based on the Architect's observations and evaluations of certification to establish that the materials, systems or equip- the Contractor's Applications for Payment, the Architect shall ment will meet the performance criteria required by the Con- review and certify the amounts due the 'Contractor· tract Documents. 2.(5.10 The Architect's certification for payment shall consti- 2.6.13 The Architect shall prepare Change Orders and Con- tute a representation to the Owner, based on the Architect's struction Change Directives, with supporting documentation observations at the site as provided in Subparagraph 2.6.5 and and data if deemed necessary by the Architect as provided in on the data comprising the Contractor's Application for Pay- Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and ment, that, to the best of the Architect's knowledge, informa- execution in accordance with the Contract Documents, and tion and belief, the Work has progressed to the point indicated may authorize minor changes in the Work not involving an and the quality of Work is in accordance with the Contract adjustment in the Contract Sum or an extension of the Contract Documents. The foregoing representations are subject to an Time which are not inconsistent with the intent of the Contract evaluation of the Work for conformance with the Contract Documents. Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- 9.6.14 The Architect shall conduct inspections to determine tract Documents correctable prior to completion and to spe- the date or dates of Substantial Completion and the date of final cific qualifications expressed by the Architect. The issuance of a completion, shall receive and forward to the Owner for the Certificate for Payment shall further constitute a representation Owner's review and records written warranties and related that the Contractor is entitled to payment in the amount certi- documents required by the Contract Documents and assem- fled. However, the issuance of a Certificate for Payment shall bled by the Contractor, and shall issue a final Certificate for Pay- not be a representation that the Architect has (1) made exhaus- ment upon compliance with the requirements of the Contract tire or continuous on-site inspections to check the quality or Documents. .&.l~. DOCUMI=I~IT B'18,1 · OWNER-ARCHITECT AGREEMENT · FOURTEENTH EDITION · AIA® · ©1987 3 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D,C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 2.6.15 The Architect shall interpret and decide matters con- 3.2.3 Through the observations by such Proje<t Represen- ceming performance of the Owner and Contractor under the tatives, the Architect shall endeavor to provide fu/'ther protec- requirements of the Contract Documents on written request of tion for the Owner against defects and deficiencies in the Work, either the Owner or Contractor. The Architect's response to but the furnishing of such project representation shall not such requests shall be made with reasonable promptness and modify the rights, responsibilities or obligations of the Architect within any time limits agreed upon. as described elsewhere in this Agreement. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the 3.3 CONTINGENT ADDITIONAL SERVICES Contract Documents and shall be in writing or in the form of 3.3.1 Making revisions in Drawings, Specifications or other drawings. When making such interpretations and initial deci- documents when such revisions are: sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor, shall not show partiality .1 inconsistent with approvals or instructions previously to either, -_.-.~ ~-'..2' 7.c.: ~ '.:.c.~'.c. fo.7 7~s~:'.L: c.f :..~:c.~:c:c.:".c~.s c.~, given by the Owner, including revisions made neces- ....................... o ......... sary by adjustments in the Owner's program or Proj- · ~ = .~..~ .,.~._ , .~.: ...... ~__:~: .............. ,_.: ........ ,__ ect budget; ::.c cftc. c: s~-'_2' ~z Y_~-.2' :.5 zc..-.s=.~:z:-.: 7.-~:E :-~.z '..'::c~: c.::~:~gee~ iv. .2 required by the enactment or revision of codes, laws thg C~.--.:_-~_:: Dcz~:..~z::t;. or regulations subsequent to the preparation of such documents; or 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- .3 due to changes required as a result of the Owner's fail- tion between the Owner and Contractor relating to the execu- ure to render decisions in a timely manner. tion or progress of the Work as provided in the Contract Documents. 3.3.2 Providing services required because of''signifiCant 2.8.19 The Architect's decisions on claims, disputes or other changes in the Project including, but not limited to, size, qual- ity, complexity, the Owner's schedule, or the method of bid- matters, including those in question between the Owner and ding or negotiating and contracting for construction, except for Contractor, except for those relating to aesthetic effect as pro- services required under Subparagraph 5.2.5. vided in Subparagraph 2.6.17, shall be subject t~. c.:~:.::~.:~c.7, as provided in this Agreement and in the Contract/Documents. a.a.3 Preparing Drawings, Specifications and other documen- 4~ ~L:i-ciq ration and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change ARTI~LI= ~ Orders and Construction Change Directives. ADDITIONAL $1=Fl¥1C1=$ 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making, subsequent 3.1 GENERAL revisions to Drawings, Specifications and other documentation resulting therefrom. 3.1.1 The services described in this Article 3 are not included 3.3.5 Providing consultation concerning replacement of Work in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in damaged by fire or other cause during construction, and fur- addition to the compensation for Basic Services. The services nishing services required in connection with the replacement of such Work. described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services 3.~.6 Providing services maQe necessary Dy tl~e default of the described under Contingent AdditiOnal Services in Paragraph Contractor, by major defects or deficiencies in the Work of the 3.3 are. required due to circumstances beyond the Architect's Contractor, or by failure of performance of either the Owner or control, the Architect shall notify the Owner prior to corn- Contractor under the Contract for Construction. mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner 3.3.? Providing services in evaluating an extensive number of shall give prompt written notice to the Architect. If the Owner claims submitted by the Contractor or others in connection indicates in writing that ail or part of such Contingent Addi- with the Work. tional Services are not required, the Architect shall have no obli- 3.3.8 Providing services in connection with a public hearing, gation to provide those services. ._ arbitration proceeding or legal proceeding except where the 3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is party thereto. SERVICES a.a.a Preparing documents for alternate, separate or sequential 3.2.1 If more extensive representation at the site than is bids or providing services in connection with bidding, negotia- described in Subparagraph 2.6.5 is required, the Architect shall tion or construction prior to the completion of the Construc- tion Documents Phase. provide one or more Project Representatives to assist in carry- ing out such additional on-site responsibilities. 3.4 OPTIONAL ADDITIONAL SERVICES 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compen- sated therefor as agreed by the Owner and Architect. The ...... ........................... ~___ duties, responsibilities and limitations of authority of Project 3.4.2 Providing financial feasibility 6r other slSecial studies. Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. AIA DOCUMENT B141 "OWNER-ARCHITECT AGREEMENT * FOURTEENTH EDITION · AIA® · ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B1 41°1 ~$7 4 WARNING: Unlicensed photocopying violates U.S. copyright I~ and I$ subject to legal prosecution. 3.4.4 Providing special surveys, environmental studies and 4.2 The Owner shall establish and update an overall budget for submissions required for approvals of governmental authorities the Project, including the Construction Cost, the Owner's other or others having jurisdiction over the Project. costs and reasonable contingencies related to all of these costs. 3.4.$ Providing services relative to future facilities, systems 4.3 If requested by the Architect, the Owner shall furnish e;¢i- and equipment, dence that financial arrangements have been made to fulfill th~ Owner's obligations under this Agreement. :3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings.thereof. 4.4 The Owner shall designate a representative authorized to 3.4.7 Providing services to verify the accuracy of drawings or act on the Owner's behalf with respect to the Project. The other information furnished by the Owner. Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the 3.4.8 Providing coordination of construction performed by Architect in order to avoid unreasonable delay in the orderly separate contractors or by the Owner's own forces and coordi- and sequential progress of the Architect's services. nation of services required in connection with construction performed and equipment supplied by the Owner. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site 3.4.9 Providing services in connection with the work of a con- of the Project, and a written legal description of the site. The struction manager or separate consultants retained by the surveys and legal information shall include, as applicable, Owner. grades and lines of streets, alleys, pavements and adjoining 3.4.10 Providing detailed estimates of Construction Cost. property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- · ~ .............. A .~.~ Pr~;':.E:.:'.g .4_._:1~.4 ...... -: ....... : ............ ~ ..... ~u ~.' :_?-':c~:2--:.c~ Df tions, boundaries and contours of the site; locations, dimen- .......... , ~-t--v ................ sions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available 3.4.12 Providing analyses of owning and operating costs. utility services and lines, both public and private, above and 3.4.13 Providing interior design and other similar services below grade, including inverts and depths. All the information required for or in connection with the selection, procurement on the survey shall be referenced to a Project benchmark. or installation of furniture, furnishings and related equipment. 4.6 The Owner shall furnish the services of geotechnical engi- 3.4.14 Providing services for planning tenant or rental spaces, neers when shch services are requested by the Architect. Such 3.4.15 Making investigations, inventories of materials or equip- services may include but are not limited to test borings, test ment, or valuations and detailed appraisals of existing facilities, pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resis- 3.4.16 Preparing a set of reproducible record drawings show- tivity tests, including necessary operations for anticipating sub- lng significant changes in the Work made during construction soil conditions, with reports and appropriate professional based on marked-up prints, drawings and other data furnished recommendations. by the Contractor to the Architect. 4.6.1 The Owner shall furnish the services of other consul- 3.4.17 Providing assistance in the utilization of equipment or tants when such services are reasonably required by the scope systems such as testing, adjusting and balancing, preparation of of thc Project and are requested by the Architect. operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and 3.4.18 Providing services after issuance to the Owner of the other laboratory and environmental tests, inspections and final Certificate for Payment, or in the absence of a final Cer- reports required by law or the Contract Documents. tificate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 4.5 The Owner shall furnish all legal, accounting and insurance 3.4.19 Providing services of consultants for other than archi- counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to tectural, structural, mechanical and electrical engineering por- verify the Contractor's Applications for Payment or to ascertain tions of the Project provided as a part of Basic Services. how or for what purposes the Contractor has used the money 3.4.20 Providing any other services not otherwise included in paid by or on behalf of the Owner. ~ At'Ch.i.'c, ec~ wi.l_1_ this Agreement or not customarily furnished in accordance __;~t agt:LrzX~ Clmt, r'aeex~'s ~,aial_ic~ticns for PaymAmt._. with generally accepted architectural practice. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shah be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 4 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 OWNER'S RESPONSIBILITIES the Project or nonconformance with the Contract Documents. 4.1 The Owner shall provide full information regarding 4.11 The proposed language of certificates or certifications requirements for the- Project, including a program which shall requested of the Architect or Architect's consultants shall be set forth the Owner's objectives, schedule, constraints and cri- submitted to the Architect for review and approval at least 14 teria, including space requirements and relationships, flexi- days prior to execution. The Owner shall not request certifica- bility, expandability, special equipment, systems and site tions that would require knowledge or services beyond the requirements, scope of this Agreement. AIA [~}CUMENT B141 · OWNER-ARCHITECT AGREEMENT · FOURTEENTH EDITION · AIA® · ©1987 5 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to ~egal prosecution. ARTICLE 5 .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or CONSTRUCTION COST .4 cooperate in revising the Project scope and quality as 5.1 DEFINITION required to reduce the Construction Cost. 5.1.1 The Construction Cost shall be the total cost or ~sti- 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, mated cost to the Owner of all elements of the Project designed the Architect, without additional charge, shall modify the Con- tract Documents as necessary to comply with the fixed limit, if or specified by the Architect. established as a condition of this Agreement. The modification 5.1.2 The Construction Cost shall include the cost at current of Contract Documents shall be the limit of the Architect's market rates of labor and materials furnished by the Owner and responsibility arising out of the establishment of a fLxed limit. equipment designed, specified, selected or specially provided The Architect shall be entitled to compensation in accordance for by the Architect, plus a reasonable allowance for the Con- with this Agreement for all services performed whether or not tractor's overhead and profit. In addition, a reasonable allow- the Construction Phase is commenced. ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. ARTICLE 6 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, the Architect and Architect's consultants, the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS rights-of-way, financing or other costs -'h;c~ a"? ~ _'~_~??~ ~ AL'~,icl.e 12.6. l~ared by the Arc~i'te~-f~r ;~is-P;oiec-t ;re insir~m -en-ts.~t~ 5.2 RESPONSIBILITY FOR CONSTRUCTION COST Architect's service for use solely with respect to t,~aroject 5.2.1 Evaluations of the Owner's Project budget, preliminary and, unless otherwise provided, the Architect s~ deemed estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall ret~I1 common law, struction Cost, if any, prepared by the Architect, represent the statutory and other reserved rights, in~l~ing the copyright. Architect's best judgment as a design professional familiar with The Owner shall be permitted to re.~ai~copies, includ'tng repro- the construction industry. It is recognized, however, that nei- ducible copies, of the Architec.~,~e~)rawings, Specifications and ther the Architect nor the Owner has control over the cost of Other documents for infor~on and reference in ~onnection labor, materials or equipment, over the Contractor's methods With the Owner's use.~f"occupancy of the Project. The Archi- of determining bid prices, or over competitive bidding, market tect's Drawings~her documents shall not be or negotiating conditions. Accordingly, the Architect cannot used by th~ers on other projects, for additions to and does not warrant or represent that bids or negotiated prices this P~mpletion of this Project by others, unless will not vary from the Owner's Project budget or from any th~udged to be in default under this Agreement, estimate of Construction Cost or evaluation prepared or agreed ept by ,_agree_m~ent in writing and wi'th appropriate compen- to by the Architect 5.2.2 No fixed limit of Construction Cost shall be established 6.2 Submission or distribution of documents to meet official as a condition of this Agreement by the furnishing, proposal or regulatory requirements or for similar purposes in connection establis..hment of a Project budget, unless such fixed limit has with the Project is not to be construed as publication in deroga- been agreed upon in writing and signed by the parties hereto. If tion of the Architect's reserved rights. 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, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in ARTICLE 7 the scope of the Project and to include in the Contract Docu- ARBITRATION :See A_~icZe 12.1. ments 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 parties to tl~is A~reement arising out of or ~elating to this Contract for Construction. ment or breach thereof shall be subject to and decided~;~arbi- 5.2.~ If the Bidding or Negotiation Phase has not commenced tration in accordance with the Construction Ind~ Arbitra- within 90 days after the Architect submits the Construction tion Rules of the American Arbitration Associat~ currently in Documents to the Owner, any Project budget or fixed limit of effect unless the parties mutually agree oth~ise. Construction Cost shall be adjusted to reflect changes in the ?.2 Demand for arbitration shall be~d'~'in writing with the general level of prices in the construction industry between the other party to this Agreement an,,j;J~vith the American Arbitra- date of submission of the Construction Documents to the tion Association. A demand fo~bitration shall be made within Owner and the date on which proposals are sought, a reasonable time after t~l~cl~spute or other matter in 5.2.4 If a f'Lxed limit of Construction Cost (adjusted as pro- question has adsen~ demand for arbitration vided in Subparagraph 5.2.3) is exceeded by the lowest bona be made after the~te when institution of legal or equitable fide bid or negotiated proposal, the Owner shall: proceedings ~d on such claim, dispute or other matter in .1 give written approval of an increase in such fixed ques~on w.~c~Ed be barred by the appLicable statutes of limita~ons. limit; ?~ting'~' to this Agreement .2 authorize rebidding or renegotiating of the Project s include, by consolidation, joinder or in any other manner, within a reasonable time; ~ ~.~.~:,:^~ ........... : ............. ,,~ ~;~ ~ Al& DOCUMENT B14'I · OWNER-ARCHITECT AGREEMENT ~* FOLII{TEENTH EDITION · AIA® · ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,WASHINGTON, D.C. 20006 B141.1987 6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. this Agreement signed by the Owner, Architect, and ~n~y.~er Additional Services earned to d~~n person or entity sought to be ioined. Consent to~itration occurs during the ~ Phase; or involving an additional person or entity sh~lSt constitute .3 Five percen~tal compensation~ for Basic and consent to arbitration of ~Lny cl~m, dispu~l,~r other matter in or entity not narned or described~rein. The foregoing agree- ment to arbitrate and othe.~l~reements to arbitrate with ~n additional person or e?.~duly co.enter to by the parties to this Agreement sh~e specifically enforceable in accordance ARTICLE 9 with applic~,gA~w in any court having jur~ction thereof. MISCELLANEOUS PROVISIONS 7~r or arbitrators shall be fi , and judgment may be entered upon it in accordance with 9.1 Unless otherwise provided, this Agreement shall be gov- 77,:~.~o ,~-. :~ ~; ...... '. h~,,;.~ j,,,-;cH;~t;~ therenf erned by the law of the principal place of business of the Azck:.:~c:. Owner. The venue will be Dallas County. 9.2 Terms in this Agreement shall have the same meaning as ARTICLE 8 those in AIA Document A201, General Conditions of the Con- tract for Construction, current as of the date of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT · 9.3 Causes of action between the parties to this Agreement · I~.l This Agreement may be terminated by either party upon pertaining to acts or failures to act shall be deemed to have not less than seven days' written notice should the other party accrued and the applicable statutes of limitations shall corn- fail substantially to perform in accordance with the terms of this mence to run not later than either the date of Substantial Com- Agreement through no fault of the party initiating thc termination, pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for 8.2 If the Project is suspended by the Owner for more than 30 Payment for acts or failures to act occurring after Substantial consecutive days, the Architect shall be compensated for ser- Completion, vices performed prior to notice of such suspension, xvrh~. ~he _t~;.o,; ........ ,~ ,-ho ,~.~hl ....' .... 7 ..... ;^n o~..,, ~.. equi 9.4 The Owner and Architect waive all rights against each ._1.,:. _.,: ..... ., ....... :.4~ c ........... : ....... .4 .._ .t.~: ....... other and against the contractors, consultants, agents and .... ' --' ...... '- ............ '- .............................. ~' pi nly t ~; .... .~ ....... ,:~ ~c ~.~ ^.~,.: .... , .....:~ em oyees of the other for damages, but o o the extent cov- ' - ................. ered by property insurance during construction, except such 8.3 This Agreement may be terminated by the Owner upon rights as they may have to the proceeds of such insurance as set not less than seven days' written notice to the Architect in the forth in the edition of AIA Document A201, General Conditions event that the Project is permanently abandoned. If the Project of the Contract for Construction, current as of the date of this is abandoned by the Owner for more than 90 consecutive days, Agreement· The Owner and Architect each shall require similar the Architect may terminate this Agreement by giving written waivers from their contractors, consultants and agents. notice. 9.$ The Owner and Architect, respectively, bind themselves, $.4 Failure of the Owner to make payments to the Architect in their partners, successors, assigns and legal representatives to accordance with this Agreement shall be considered substantial the other party to this Agreement and to the partners, succes- nonperformance and cause for termination, sors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor 8.$ If the Owner falls to make payment when due the Archi- Architect shall assign this Agreement without the written con- tect for services and expenses, the Architect may, upon seven sent of the other. days' written notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received ~.6 This Agreement represents thc entire and integrated agree- by the Architect within seven days of the date of the notice, the ment between the Owner and Architect and supersedes all suspension shall take effect without further notice. In the event prior negotiations, representations or agreements, either writ- of a suspension of services, the Architect shall have no liability ten or oral. This Agreement may be amended only by written to the Owner for delay or damage caused the Owner because instrument signed by both Owner and Architect. of such suspension of services. ~.? Nothing contained in this Agreement shall create a contrac- 8.6 In the event of termination not the fault of the Architect, tual relationship with or a cause of action in favor of a third the Architect shall be compensated for services performed prior party against either the Owner or Architect. to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the -9.7 T~_r__m'_'_n_~t!c~ ~? ........ ;, ~aa;~; ....... - ..~,-," ..... ;~ ~'~ discovery, presence, handling, removal or disposal of or expo- Basic and Additional Services, and include expenSes.~i;~ql~e sure of persons to hazardous materials in any form at the Project directly attributable to termination. Terminatio~nses shall site, including but not limited to asbestos, asbestos products, be computed as a percentage of the to~mpensation for polychlorinated biphenyl (PCB) or other toxic substances. Basic Services and Adclitional Se~iff,,j~'~arned to the time of ter- mination, as follows.' ~/~ 9.9 The Architect shall have the right to include representa- tions of the design of the Project, including photographs of the .1 Twent~ent of the total ..... compensation for Basic exterior and interior, among the Architect's promotional and a~,~iJ,~d~o.date }fterm. in.ation professional materials. The Architect's materials shall not /occurs before or during the predesign, site analysis, or include the Owner's confidential or proprietary information if -'~ ~:~ _'?_::.g:-_ ?_~zz; or the Owner has previously advised the Architect in writing of ~l.~ DOCIJII/II=IqT [~141 * OWNER-ARCHITECT AGREEMENT * FOURTEENTH EDITION · AIA® · ©1987 ? B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. the specific information considered by the Owner to be confi- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- 10.3.1 An initial payment as set forth in Paragraph 11.1 is the motional materials for the Project. 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 ser- vices performed within each phase of service, on the basis set ARTICLE 10 forth in Subparagraph 11.2.2. PAYMENTS TO THE ARCHITECT .,, .. ...... ,. .......... ,.~..~ ........... ,, ...... ~.,,~o. ;.. 10.1 DIRECT PERSONNEl. EXPENSE Subparagraph ! ! ;5.1 of this Agreemen~ed through n~pensation for any ser- 10.1.1 Direct Personnel Expense is defined as the direct vic~he additional period of time shall be salaries of the Architect's personnel engaged on the Project and ~"~'~ :~ '~' ....... ~..~. :.. c..,. ........ h , ~ a -~ the portion of the cost of their mandatory and customary con- ~ ,: .~ ,v,,. ........... :^~ :. ~.~.~.4 .............. e r-~. tributions and benefits related thereto, such as employment struction Cost and'-a~y portions of the Pr(~ect ar~~r taxes and other statutory employee benefits, insurance, sick otherwise not constructed, compensation for~gl~%~ortions of leave, holidays, vacations, pensions and similar contributions the Project shall be payable to the_.,,,g,;lt¢1~ services are per- and benefits, formed on those portions, in a.,,gf,,e,RS'~ce with the schedule set forth in Subparagraph 1~,~,~5~ (1) the lowest bona fide 10.2 REIMBURSABLE EXPENSES bid or neg~ such bid or proposal is 10.2.1 Reimbursable Expenses are in addition to compensa- received~timate of Construction Co ~letailed estimate of Construction Cost for such por- tion for Basic and Additional Services and include expenses .... c .~.~ n.^:~t incurred by the Architect and Architect's employees and con- sultants in the interest of the Project, as identified in the follow- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL ing Clauses. SERVICES 10.2.1.1 Expense of transportation in connection with the 10.4.1 Payments on account of the Architect's Additional Project; expenses in connection with authorized out-of-town Services and for Reimbursable Expenses shall be made monthly travel; long-distance communications; and fees paid for secur- upon presentation of the Architect's statement of services ren- ing approval of authorities having jurisdiction over the Project. dered or expenses incurred. 10.2.1.2 Expense of reproductions, postage and handling of 10.5 PAYMENTS WITHHELD Drawings, Specifications and other documents. 10.5.1 No deductions shall be made from the Architect's com- 10.2.1.3 If authorized in advance by the Owner, expense of pensation on account of penalty, liquidated damages or other overtime work requiring higher than regular rates., sums withheld from payments to contractors, or on account of 10.2.1.4 Expense of renderings, models and moc~(-~p~ ~eqt~d the cost of changes in the Work other than those for which the by the Owner. Architect has been found to be liable. 10.2.1.5 Expense of additional insurance coverage or limits, 10.6 ARCHITECT'S ACCOUNTING RECORDS including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and 10.6.1 Records of Reimbursable Expenses and expenses per- Architect's consultants, talning to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- · n ,~ · ,, ~ ........ c .......... :4~a .q~: .... .~ .~.~c~:__ able to the Owner or the Owner's authorized representative at .... : ...... : .... ~' ..... '~: ........ : .....;'~' *~'~ n'?~?ct mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of ~ Dollars ($ 0.00 ) shall be made upon execution of this Agreement and credited to the Owner's account 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 12 as part 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, tj necessary.) ' See Article 12.5. AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · FOURTEENTH EDITION · AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1987 8 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subiect to legal prosecution. 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.) See Article 12.5. ~o,~u u~.uv,, D .......... Pl .... pc:can: ( %) b~ddm~ ut c, cgotiattu, i-hast: k' ....... ( 11.$ COMPENSATION FOR ADDITIONAL SEFIVICES 11 3 1 pu:~.2 ~ fo2cm-z. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and/or multi,)les of Direct Personnel Expense for Principals and employees, and identiJy Principals and classiJy emplqyees, if required. Identify specific sert,tces to u'hicb partic~dar methods Q/compensation app(F, iJ necessaoQ Principal-in-Charge $95.00/hour Project Manager $80.00/hour Project DesigTler $60.00/hour Project Architect $55.00/hour Architectural Technician $45.00/hour Clerical $ 35.00/hour 11 .~.3 'FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identi~ed in Article 12 as part of Additional Services, a multiple of one and 15/100 ( 1.15 ) times the amounts billed to the Architect for such services. (identify specific types of consultants in Article 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 as Reimbursable Expenses, a multiple of on- an-' 1'-''00 (1 15 ) tin~es the expenses incurred by the Architect, the Architect's employees and consultants ~n~he i~n~ere~/olg~e Project. ' 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within thirty-six ( 36 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be co-n'Tpensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable LhirLy ( 30 ) days from the date of the Architect's invoice. Amounts unpaid sixty ( 60 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the lega3 rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Archi tect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision Specific legal advice should he obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers) AIA DO(~I:NT B141 · OWNER-ARCHITECT AGREEMENT" FOURTEENTH EDITION · AIA® · ©1987 9 B141-1981 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 1 1.5.3 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 Serotce~ included within Basic Compensation and modifications to the payment and compensation terms tnctuded in t~,ts Agreement.) See Attached Articles 12.1 - 12.6. This Agreement entered into as of the day and year first written above. OWNER ARCHITECT (Printed name and title) (Pm'nted name and title) CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DO(XI~NT B141 · OWNER-ARCHITECT AGREEMENT ° FOURTEENTH EDITION · AIA® · ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, i 735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1987 10 WARNING: Unlicensed photocol~ing violates U.S. coDyright laws and Is sul~ect to legal Drosecutlon. ARTICI .E 12 O~THER CONDITIONS OR SERVICES 12.1 If a dispute arises between the parties relating to this Agreement, the parties agree to use the following procedure prior to either party pursuing other available remedies. · 1 A meeting shall be held promptly between the parties, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. · 2 If, within thirty (30) days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation in accordance with mutually agreeable procedures and to bear equally the costs of the mediation. .3 The parties will jointly appoint a mutually acceptable mediator· .4 The parties agree to participate in good faith in the mediation and negotiations related thereto for a per!od of thirty (30) days. If the parties are not successful in resolving the dispute through the mediation, then the parties may agree to submit the matter to binding arbitration or a private adjudicator, or either party may seek an adjudicated resolution through the appropriate court. 12.2 Effective September 1,. 1991, the Texas Department of Licensing and Regulation is requiring review of all buildings def'med 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 $285 per project at $1,000,001 to $5,000,000. Inspections - $140 each Variance Request $ 50 each Charges for the Texas Department of Licensing and Regulation review will be compensated per Article 10.2. 12·3 It is understood and agreed that this agreement does not contemplate handling of, or design including use of, asbestos or any hazardous waste material. Therefore, each party agrees to hold other harmless, defend and indenmify for all claimS, lawsuits, expense or damages arising-from or related to the handling, use, treatment, purchase, sale, storage or disposal of asbestos, asbestos products or any hazardous waste materials. 12.4 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. (cont.) 12.5 Basic Compensation The project consists of four distinct components and will be billed accordingly to the percentages of completion for each of those components. PROJECT I Fire Station No. 1 ($600,000 expected Construction Cost) Schematic Design Phase $ 8,550.00 15 % Design Development Phase $11,400.00 20 % Construction Documents Phase $25,650.00 45 % Bidding or Negotiation Phase $ 2,850.00 5 % Construction Phase $ 8,550.00 15 % Basic Compensation (Project I) $57,000.00 (100%) Programming $ 3,000.00 Furniture Selection/Specification $ 6,000.00 PROJECT II Senior Citizens' Center ($50,000 expected Construction Cost) Schematic Design Phase $ 1,250.00 25 % Design Development Phase $ 1,250.00 25 % Construction Documents Phase $ 2,000.00 40 % Bidding or Negotiation Phase $ 250.00 5 % Construction Phase $ 250.00 5 % Basic Compensation (Project II) $ 5,000.00 (100%) PROJECT III Police, Jail, and Municipal Court ($2,800,000 expected Construction Cost) Schematic Design Phase $ 31,920.00 15 % Design Development Phase $ 53,200.00 25 % Construction Documents Phase $ 85,120.00 40 % Bidding or Negotiation Phase $10,640.00 5 % Construction Phase $ 31,920.00 15 % Basic Compensation (Project III) $212,800.00 (100 %) Programming $ 11,200.00 Furniture Selection/Specification $16,000.00 ART~CI.~. 1 :~ OTHER CONDITIONS OR SERVICES 12.1 If a dispute arises between the parties relating to this Agreement, the parties agree to use the following procedure prior to either party pursuing other available remedies. .1 A meeting shall be held promptly between the parties, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. .2 If, within thirty (30) days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation in accordance with mutually agreeable procedures and to bear equally the costs of the mediation. .3 The parties will jointly appoint a mutually acceptable mediator. .4 The parties agree to participate in good faith in the mediation and negotiations related thereto for a period of thirty (30) days. If the parties are not successful in resolving the dispute through the mediation, then the parties may agree to submit the matter to binding arbitration or a private adjudicator, or either party may seek an adjudicated resolution through the appropriate court. 12.2 Effective September 1,. 1991, the Texas Department of Licensing and Regulation is requiring review of all buildings deemed as "public accommodation" by Section 301 (7) of the American.q 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 $285 per project at $1,000,001 to $5,000,000. Inspections - $140 each Variance Request $ 50 each Charges for the Texas Department of Licensing and Regulation review will be compensated per Article 10.2. 12.3 It is understood and agreed that this agreement does not contemplate handling of, or design including use of, asbestos or any hazardous waste material. Therefore, each party agrees to hold other harmless, defend and indemnify for all claimS, lawsuits, expense or damages arising' from or related to the handling, use, treatment, purchase, sale, storage or disposal of asbestos, asbestos products or any hazardous waste materials. 12.4 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. (cont.) 12.5 Basic Compensation The project consists of four distinct components and will be billed accordingly to the percentages of completion for each of those components. PROJECT I Fire Station No. 1 ($600,000 expected Construction Cost) Schematic Design Phase $ 8,550.00 15 % Design Development Phase $11,400.00 20% Construction Documents Phase $25,650.00 45 % Bidding or Negotiation Phase $ 2,850.00 5 % Construction Phase $ 8,550.00 15 % Basic Compensation (Project I) $57,000.00 (100%) Programming $ 3,000.00 Furniture Selection/Specification $ 6,000.00 PROJECT II Senior Citizens' Center ($50,000 expected Construction Cost) Schematic Design Phase $ 1,250.00 25 % Design Development Phase $ 1,250.00 25 % Construction Documents Phase $ 2,000.00 40% Bidding or Negotiation Phase $ 250.00 5 % Construction Phase $ 250.00 5 % Basic Compensation (Project II) $ 5,000.00 (100 %) PROJECT III Police, Jail, and Municipal Court ($2,800,000 expected Construction Cost) Schematic Design Phase $ 31,920.00 15% Design Development Phase $ 53,200.00 25 % Construction Documents Phase $ 85,120.00 40 % Bidding or Negotiation Phase $10,640.00 5 % Construction Phase $ 31,920.00 15 % Basic Compensation (Project III) $212,800.00 (100 %) Programming $ 11,200.00 Furniture Selection/Specification $16,000.00 ~(cont.) PROJECT IV City Hall Renovation (Architectural Space Planning Only, First and Second Floors) Schematic Design Phase $ 5,400.00 25 % Design Development Phase $ 4,320.00 20% Construction Documents Phase $ 9,720.00 45 % Bidding or Negotiation Phase $ 1,080.00 5 % Construction Phase $ 1,080.00 5 % Basic Compensation (Project IV) $ 21,600.00 (100 %) Programming $ 2,400.00 Furniture Selection/Specification $10,000.00 These fees are based on the stated construction costs and any variation from those costs could result in a change in the scope of work and be subject to Article 3.3.2 FEE SUMMARY - PROJECTS I, II, III, IV: Total Basic Compensation $296,400.00 Total Programming (I, III, IV) $16,600.00 Total Furniture Selection/Specification (I, III, IV) $32,000.00 Additional Optional Items: Professional Renderings (20" x 30") $1,200.00 each Presentation Models (1/8" scale) $3,000.00 12.6 The Owner acknowledges the Architect's construction documents as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the owner upon completion of the work and payment in full of all monies due to the Architect. The Owner agrees, to the fullest extent permitted by law, to indemnify and hold the Architect harmless from any claim, liability or cost (including reasonable attorneys' fees and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of the construction documents by the Owner or any person or entity that acquires or obtains the plans and specifications from or through the Owner without the written authorization of the Architect. q\coppell\art- 12.awp