PA9702-CS 961014To:
From:
liE:
Date:
MEMORANDUM
Jim Ragsdill, Purchasing Agent
Kenneth M. Griffin, P.E., Dir. of Public Works/City Engineer
Standard Form of Agreement
Aquatic and Recreation Center
October 14, 1996
As requested, I have reviewed the agreement provided by Brinkley Sargent Architects. This
agreement is somewhat different than the standard engineering agreements I typically deal with.
However, I did give it a basic review and have several questions. Even beyond this review, I
would obviously recommend that our attorney review the agreement also.
The following represents my observations/comments:
Section 2.4.2 - This section states: "Architect shall assist the owner", in regards to bidding,
filing documents, providing construction costs, etc. Is there an understanding of what
"Assist the Owner" means?
~ 2. Section 2.6.1 - This section states: The architect's responsibility will end 60 days after the
o5~ ~¢ date of substantial completion of the work or the final certificate of payment. What if the
c~'~'' ;Z project isn't entirely complete 60 days after the date of substantial completion? Does this
~,c2~ ~x,-e' mean we will then pay additional for the architectural services?
3. Section 2.6.5 - This is generic that the architect shall visit the site, however he shall not be
required to provide exhaustive or continuous on-site inspections. Based on some of my
prior experience, it would be advisable to require the architect to document the times that
he visits the site with some type of short report of what he observed.
Section 2.6.19 and Article 7 - Both of these areas relate to arbitration. It appears as though
all reference to arbitration is deleted from the contract. Is there going to be no opportunity
for arbitration on issues that can't be resolved?
Section 3,2.1 This section states that if more extensive representation at site is required
then the architect is entitled to additional services. Who determines what is required as part
of the basic services and what is more extensive representation? Without tieing down the
number of required visits, this is a loose term.
6. Section 3.3.7 - This section again refers to extensive number of claims. What constitutes
extensive number of claims?
Section 3.4.16 - Under additional services, it states "providing a set of reproducible record
drawings showing changes in the work". It reads like those are as-built plans and obviously
we need as-built plans on the project. If the architect is not to provide them, who will
provide the as-built plans?
Section 4.5. - This is a lengthy section that basically talks about providing site surveys and
legal information, grades of property and adjacent right-of-way, all improvements, including
trees on the site, all information concerning utilities both above and below the ground
including the elevation of the same and tying all the information to a benchmark. It states
this is part of the owners responsibility i.e., the City of Coppell. I am unsure if at all or
any of the sites that type of information is readily available. I am curious as to why this
is not part of the site plan to be prepared by the civil engineer on the project. That might
need to be explored a little closer.
9. Section 4.6. - This section states: "The owner shall provide services of geotechnical
engineer." It was my understanding that this was going to be part of a lump sum contract.
10. Section 4.7. - This section states that the owner shall furnish structural, mechanical,
chemical, air, water pollution test, hazardous material test, and other laboratory and
environmental test, inspections etc. Why is this not part of either the architect or the
contractors responsibility?
11. Section 5.2.2. - This section talks about some conditions regarding a fixed limit agreed
upon in writing and signed by the parties hereto. This ftxed limit has to do with the
maximum amount of dollars to be spent on the project. Has that ftxed limit been
determined because it has some ramifications in Sections 5.2.4 and 5.2.5?
12. Sections 8.6 and 8.7. - These two sections are about termination expenses in the event the
termination is not the fault of the architect. Who determines if the termination is the fault
of the architect and what would constitute it being the fault of the architect? Also, Section
8.7 gives percentages over and above work actually completed if the contract is terminated.
Why would the architect be entitled to additional monies for work not performed just
because the contract is terminated? Usually most contracts have an out clause giving a
specified number of days.
13. Section 10.2.1.5 - This states additional insurance coverage in excess of that normally
carried by the architect is a reimbursable expense. Who determines what the minimum
insurance coverage is for the project and what is excessive?
14. Section 10.3.1 - Should be struck as there is no initial payment on the project.
15. Section 11.3 - This section has several subsections for compensation for additional services,
however, none of those subsections have been filled in. Is that a problem?
16. Section 12.1.6 - Last sentence on page 13 talks about existing park meter plan. That
probably should be existing park master plan.
17. Enterprise Plan, paragraph 2, Conceptual Plan - During our meeting we talked about having
the architect prepare an overall site plan on the selected site to insure that construction of
future improvements would not be impaired by the construction of this facility. Is that a
consideration under this contract?
18. Project Budget, Line Item C, Additional Services under Professional Services - That number
should be 55,000 not 55,300 as shown.
Again, the above is just my observations of the contract. This is a standard architectural
contract and might be perfectly acceptable to the City. However, these are just some items that
caught my eye as I perused the document. Under no circumstances am I saying that I have
thoroughly and legally reviewed the document, but only as requested, have casually reviewed
and offered some observations based on my experience in dealing with consultant contracts. If
you have any questions please contact this office.
Standard Form of Agreement
Between Owner and Architect
AIA Document B141 - Electronic Format
AGREEMENT
made as of the Fifteenth day of October in the year of Nineteen Hundred and Ninety-six
BETWEEN the Owner:
t Name and address)
City of Coppell
255 Parkway Blvd,
Conyell, Texas 75019
and the Architect:
INnroe and address)
Brinkey Sargent Architects
5000 Quorum Drive, Suite 123
Dallas, Texas 75240
For the following Project:
(Include detailed description of Project, location, address and scope)
The project includes development of an Aquatic and Recreation Center with a project budget of $6,000,000. Location
of the facility is to be determined. Scone of work includes all site work, building, furnishimps, and landscapinR.
The Owner and Architect agree as set forth below.
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D40!.
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., 20006-5292. 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.
Electronic Document Service B141-1987 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's
approval a schedule for the performance of the
Architect's services 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 to the 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 engineering services.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished
by the Owner to ascertain the requirements of the
Project and shall arrive at a mutual understanding of
such requirements with the Owner.
2.2.2 Ihe Architect shall provide a preliminary
evaluation of the Owner's program, schedule and
construction budget requirements, each in terms of the
other, subject to the limitations set forth in
Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner
alternative approaches to design and construction of the
Project.
2.2.4 Based on the mutually agreed-upon program,
schedule and construction budget requirements, the
Architect shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings
and other documents illustrating the scale and
relationship of Project components.
2.2.5 The Architect shall submit to the Owner a
preliminary estimate of Construction Cost based on
current area, volume or other uuit costs.
2.3DESIGNDEVELOPMENTPHASE
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. ~ t.,.A,x~'~3 J~ ~,
2.4.2 The Architect shall assist the Ow._~ner 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
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Construction Cost indicated by changes in requirements
or general market conditions.
2.4.4 The Architect shall a:ssist th.__e Own..__~er in connection
with the Owner's responsibility for filing documents
required for the approval of governmental authorities
having jurisdiction over the Project.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of
the Construction Documents and of the latest
preliminary estimate of Construction Cost, shall assist
the Owner in obtaining bids 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
Completion of the Work.
2.6,2 The Architect shall provide admmistrahon of the
Contract for Construction as set forth below and in the
edition of AIA Document A201, General Conditions of
the Contract for Construction, cu~ent 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 consent of the Contractor,
which consent shall not be unreasonably withheld.
2.6.4 The Architect shall be a representative of and
shall advise and consult with the Owner (1) during
construction until final payment to the Contractor is due,
and (2) as an Additional Service at the Owner's
direction 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 s~ge of construction or as otherwise
agreed by the Owner and Architect in ~iting to become
generally hmiliar 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
r
and quality of the Work, and shall endeavor to guard the
Owner against defects and deficiencies in the Work.
(More extensive site representation may be agreed to as
an Additional Service, as described in Paragraph 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's consultants
shall be through the Architect.
2.6.9 Based on the Arehitect's observations and
evaluations of the Contraetor'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 (1) made exhaustive or continuous on-
site inspections to check the quality or quantity of the
Work, (2) reviewed construction means, methods,
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techniques, sequences or procedures, (3) reviewed
copies of requisitions received from Subcontractors and
material suppliers and other data requested by the
Owner to substantiate the Contractor's right to payment
or (4) ascertained how or for what purpose the
Contractor has used money previously paid on account
of the Contract Sum.
2.6.11 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
conformsnee 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 submittals is not conducted for the
purpose of determining the accuracy and completeness
of other details such as dimensions and quantities or for
substantiating instructions for installation or
performance of equipment or systems 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 .I and
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 of final completion, shall receive and
forward to the Owner for the Owner's review and
records written warranties and related documents
required by the Contract Documents and assembled by
the Contractor, and shall issue a final Certificate for
Payment 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 Architcct's decisions on matters relating to
aesthetic effect shall be final if consistent with the
intent expressed in the oreviously aDDroved
_Contract Documents.
2.6.18 The Architect shall render written decisions
within a reasonable time on nil 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's decisions 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,
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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 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 Additional Services
in Paragraph 3.3 are required due to circumstances
beyond the Architect's control, the Architect shall notify
the Owner prior to commencing such services. If the
Owner deems that such services described under
Paragraph 3.3 are not required, the Owner shall give
prompt written notice to the Architect. If the Owner
indicates in writing that all or part of such Contingent
Additional Services are not required, the Architect shall
have no obligation to provide those services.
3.2 PROJECT REPRESENTATION BEYOND
BASIC SERVICES
C,~,,s~; 3.2.1 If more extensive represen~_..~ion at the site than is
~ ~ Representatives to assist in carrying out such additional
do~ on-site responsibilities.
~o~ ~ 3.2.2 jct Representatives shall be selected,
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 AIA Document B352
current as of the date of this Agreement, unless
otherwise agreed.
3.2.3 Through the observations by such Project
Representatives, the Architect shall endeavor to provide
further protection for the Owner against defects and
deficiencies in the Work, but the furnishing of such
project representation shall not modify the rights,
responsibilities or obligations of the Architect as
described elsewhere in this Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings, Specifications or
other documents when such revisions are:
.I inconsistent with approvals or instructions
previously given by the Owner, including
revisions made necessary by adjustments in the
Owner's program or Project budget;
.2 required by the enactment or revision of
codes, Maws 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's schedule, or the method
of bidding or negotiating and contracting for
construction, 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 Directires.
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 e.~xtensive.
num_.~.b_er fo_LEla..~ 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. All
re~luestcd Council presentations will be considered
Basic Services.
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 Owncr'a nccds and
programming the requirements of thc Projcct.
INSERT A See '12.1.3
3.4.2 Providing financial feasibility or other special
studies.
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3.4.3 Providing planning surveys, site evaluations or
eorn, pa~ativc studies of prospective sites.
INSERT B See 12.2.2
3.4.4 Providing special surveys, environmental studies
and submissions required for approvals of governmental
authorities or others having jurisdiction over the
Project.
3.4.5 Providing services relative to future facilities,
systems and equipment.
3.4.6 Providing services to investigate existing
conditions or facilities or to make measured drawings
thereof.
3.4.7 Providing services to verify the accuracy of
drawings or other information furnished by the Owner.
3.4.8 Providing coordination of construction performed
by separate contractors of 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
INSERT C See 12.1,2
3.4.11 Providing detailed quantity surveys or
inventories of material, equipment and labor.
3.4.12 Providing analyses of owning and operating
3.4.13 Providing interior dcsign and othcr similar
scrviccs rcquircd for or in connection with the solcction,
procuremerit or installation of fu;,,iturc, fu,,ishings and
related equipment.
INSERT O See 12.1.4
3.4.14 Providing services for planning tenant or rental
3.4.15 Making investigations, inventories of materials
or equipment, or valuations and detailed appraisals of
existing facilities.
~ li.4.16 Preparing a set of reproducible record drawings
· I Jr0 showing significant changes in the Work made during
cAO~-~,~ construction based on marked-up prints, drawings and
ther 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 ot' 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.
INSERT E See 12.1.1
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.'~ 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
i
the site. The su~eys and legal infomation shall include,
as applicable, grades and lines of streets, alleys,
pavements and adjoining property and structures;
adjacent drainagc; rights-of-way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries
and contours of the site; locations, dimensions add
ncccssary data pertaining to existing buildings, other
improvements and tree~; and information concerning
available utility servi(es 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..
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4.6 The Owner shall furnish the services of geotechnica!
engineers whe~'s~suc~sserviees 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 professional
recommendations.
4.6.1 The Owner shall furnish the services of other
consultants when such services are reasonably required
by the scope 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's expense, 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
certifications requested of the Architect or Architect's
consultants 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.
5.1.3 Construction Cost does not include the
compensation of the Architect and Architect's
consultants, the costs of the land, rights-of-way,
financing or other costs which are the responsibility of
thc Owner as providcd 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 1,4o 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 writin~
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
AIA DOCUMENT El41 , OWNER,ARCHITECT AGKEEMENT , FOURTEENTH EDITION , AIA . COpypJGHT 19S7 , THE AMEKICAN INSTITUTE OF ARCHITECTS. 1735 NEW yOP, X
Electronic Document Service B141-1987 7
lowest
shall:
bona fide bid or negotiated proposal, the Owner
.1 give written approval of an increase in such
fixed limit;
.2 authorize rebidding or ronegotiating of the
Project within a reasonable time;
.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 Architeet's responsibility arising
out of the establishment of a fixed limit. The Architect
shall be entitlod 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 Architoct'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 Arehitect's Drawings,
Specifications and other documents for information and
reference in connection with the Owner's use and
occupancy of the Project. The Architeet'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 Architoct's reserved
rights.
ARTICLE 7
ARBITRATION
7.1 Claims, disputes or other matters in question
between the partics to this Agreement arising out of or
relating to this Agreement or breach thereof shall bc
subject to and decided by arbitration in accordancc with
the Construction Industry Arbitration Rules of the
American Arbitration Association currently in effect
unless the parties mutually agree otherwisc.
7.2 Demand for arbitration shall bc filed in writing with
the other party to this Agrccmcnt and with the American
Arbitration Association. A demand for arbitration shall
bc made within a rcasonablc time after the claim,
dispute or other matter in question has arisen. In no
event shall the dcmand for arbitration bc made after the
date when institution of legal or equitable proceedings
hascd on such claim, dispute or other mattcr in question
would bc barred by the applicable statutes of
7.3 bIo arbitration arising out of or relating to this
Agrccmcnt shall include, by consolidation, joindcr or in
any other manner, an additional pcrson or entity not a
party to this Agrccmcnt, cxccpt by written consent
containing a spcci~c rcfcrcncc to this Agrccmcat signcd
by the Owner, Architect, and any other person or entity
sought to bc joincd. 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 cntity not named or dcscribcd thcrcin. The
foregoing agreement to arbitratc and other agrccmcnt3 to
arbitrate with an additional person or entity duly
consented to by thc partics to this Agrccmcnt shall bc
specifically cnforccablc in accordance with applicable
law in any court having jurisdiction thcreof.
7'.4 The award rcndcrcd by the arbitrator or arbitrators
shall bc final, and judgment may bc cntcrcd upon it in
accordancc with applicablc law in any court having
jurisdiction thcrcof.
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
Electronic Document Service B141-1987 8
provide for expenses incurred in the interruption and
resumption of the Architect's services.
g.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 consecutive days, the Architect may
terminate this Agreement by giving written notice.
8.4 Failure of the Owner to make payments to the
Architect in accordance with this Agreement shall be
considered substantial nonperformance and cause for
termination.
g.S 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 Arehitaet 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.
-~g.6 In the event of termination not the fault of the
c~i--j~, the Architect shall be compensated for
services performed prior to termination, together with
Reimbursable Expenses then due and all Yermination
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. Yermination Expenses shall be computed
as a percentage of the total compensation for Basic
Services and Additional Services earned to the time of
rmination, as follows:
.1 Twenty percent of the total compensation for
:dJ:nTChi:
I prodesign, 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
N,Xtermination 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 AIA 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
construction, except such rights as they may have to the
proceeds of such insurance as set forth in the edition of
AIA Document A201, General Conditions of the
Contract for Construction, current as of the date of this
Agreement. The Owner 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 ne'gotiations, 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.g 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,
Electronic Document Service BI41-1987 9
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 by the Owner to be
confidential or proprietary. The Owner shall provide
professional credit for the Architect on the nonstruction
sign and in the promotional materials for the Project.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the
Project and the portion of the cost of their mandatory
and customary contributions and benefits related thereto,
such as employment taxes and other statutory employee
benefits, insurance, sick leave, holidays, vacations,
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's employees and consultants in the interest of
the Project, as identified in the following Clauses.
10.2.1 . 1 Expcnsc of transportation in connection with
_expenses in connection with authorized out-of-tom
travel; long-distance communications; and fees paid for
securing approval of authorities having jurisdiction over
the Project.
10.2.1.2 Expense of reproductions, 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.
~.~ ~ 1~10.2.1.5 Expense of additional insurance coverage or
~ ~ litnits, including professional liability insurance,
~0cvv'o~ requested by the Owner in excess of that normally
carried by the Architect and Architect's consultants.
10.2.1.6 Expcnsc of computcr-aidod dcsign-and-drafting
cquipmcnt timc whcn uscd in connection ;-'it,%
10.3 PAYMENTS ON ACCOUNT OF BASIC
SERVICES
10.3.1 An initial payment as set forth in Paragraph ,l., )
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 performed 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 Agreement is
exceeded or extended through no fault of the Architect,
compensation for any services rendered during the
additional period of time shall be computed in the
manner set forth in Subparagraph I 1.3.2.
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 performed 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
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shall be available to the Owner or the Owner's
authorized representative at mutually convenient times.
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN INITIAL PAYMENT of ~,A,,^__ t® ) shall bc made upon execution of this Agreement
and credited to the Owncr'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 $tipulated sums, multiples or percentages, and identify phases to which particular methods of
compensation apply, if necessary.)
Fixed fee of Four Hundred Ninety-six Thousand One Hundred Fifty Dollars ($496,150)
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 addittonal phases as appropmate.}
Schematic Design Phase: Fifteen
Design Development Phase: Twenty
Construction Documents Phase: Forty
Bidding or Negotiation Phase: Five
Construction Phase: Twenty
percent ( 15 %)
percent (20 %)
percent (40 %)
percent (5~%)
percent (20 %)
Total Basic Compensation
one hundred percent(100%)
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2,
See 11.3.2
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (l)
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:
(In~ert basis of compensation. including rates and/or multiples of Direct Personnel Expense for Principals and employee#, and ident#fy
Principals and classify employees, if required. Identify spectflc ~ervtcss to which particular methods o/compensation apply, if necessary.)
Hourly - Reference Rate Chart Exhibit A
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical
engineering services and those provided under Subparagraph 3.4.19 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 .~rticle 12, if required.)
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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 one and one tenth (1. I 0 ) 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-six (~ months
of the date hereof, through no fault of the Architect, extension of the Architact's services beyond that time shall be
compensated as provided in Subparagraphs 10.3.3 and 11.3.2.
11.5.2 Payments are due and payable thirty (3~ days from the date of the Architect's invoice. Amounts unpaid forty-
five (4~ days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal
rate prevailing from time to time at the principal place of business of the Architect.
(Insert rate of interest agreed upon.)
the Owner's and Architect'l principal places of bu$intls, the location of the Project and el#ewhere may affect the validity of this prowsion.
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
12.1 ADDITIONAL SERVICES THAT ARE INCLUDED IN BASIC SERVICES
12.1.1 Landscape design services will be provided as part of the Basic Services Fee. This shall include selection of
all plant material, design of irrigation system, and providing assistance in bidding and construction administration of
these elements.
12.1.2 Professional cost estimating shall be provided as part of the Basic Services. Detailed cost estimates shall be
provided at schematic, design development, and 50% construction document phases of the project.
12.1.3 Architect shall develop detailed program of spaces as part of the Basic Services Fee.
12.1.4 Selection of finishes and selection, procurement and installation of furniture, furnishing: and related
equipment will be provided as part of the Basic Services.
12.1.5 See attached Exhibit B for description of Enterprise Plan to be provided as part of Basic Services.
12.1.6 Architect and consultant shall provide assistance with the development and application of Ilrant to Texas
Parks and Wildlife Department. SOecificallV, we will develop the following sections of the grant:
Application form Part I
Application form Part II
Applicant's Certification & Program Assurances
TXDOT I!eneral location map
Program narrative
Environmental assessment
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Aerial photo (SCS Aerials)
Environmental checklist
~ite photos
Tabular summary
Concept plan
Park base map
The City of Coppell will be responsible for the following elements of the grant:
Cover letter
Resolution
Street maps
Appraisal information (letter of value)
Proof of drilling restriction
Boundary/ownership map (city-owned property)
Park inventory
This scope of services does not include modification of existing Park Meter Plan.
12.2 ADDITIONAL SERVICES TO BE PROVIDED ONCE SCOPE IS DETERMINED INCLUDE:
12.2. I Civil Engineering Services include platting, boundary survey, topographic survey, utility survey, site plan
submittals, and all off site utility work. This will be provided for a fixed fee after site is selected.
12.2.2 Providing site evaluation or comparative studies of perspective sites shall be provided on an hourly basis with
a not to exceed fee amount established once scope is clearly defined. Evaluation of existing fire station for use as a
recreation center shall be part of this service.
12.3 FIXED LIMIT OF CONSTRUCTION COST
12.3.1 Should budget for project be increased from the $5,000,000 construction budget the fee shall be adjusted by
6% of the adjusted amount.
This Agreement entered into as of the day and year first written above.
OWNER ARCHITECT
CITY OF COPPELL BRINKLEY SARGENT ARCHITECTS, INC.
(Signature)
fPrtnted name and title)
(S~gnature)
Dwavne M. Brinklev, AIA
Principal
(Printed name and title}
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EXHIBIT A
BILLING RATES
1996
TITLE RATE/hr.
Senior Principal $165.00
Principal 125.00
Sr. Associate 80.00
Associate 75.00
Project Manager 70.00
Sr. Project Designer 70.00
Project Architect/Designer 65.00
Staff Architect 50.00
Architectural Designer 40.00
Office Manager 50.00
Clerical 35.00
Need Analysis
A.
C,
EXHIBIT B
Enterprise Plan
Meet with the sacring committee, plus nay designated Commtmity groups involved in the
project to analyze needs nad determine objectives. The Consultant will make a slide
presentation to illustrate featores of other natatoria and pools to be considered for this
project. A questionnaire may be distributed by the City before or following this meeting to
obtain input from individuals nad institutions. The Consultant will use the results of the
survey in determining needs.
Prepare and submit na outline of a Design Program for the proposed aquatic nad
recreation center.
Based on the first meeting nad committee's review of the outline progrant, develop a
Design Program Analysis (DPA) with recommendations on the size and shape of the
pool(s) nad recreation center as well as architectural nad engineering features of the
building nad support spaces. The DPA will address the followin4g items:
2.
3.
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
Pool (or pools) design: size, depth, confignration, water features, etc.
ComSgnration of Recreation Center
User populations nad programs to be supported
Lighting
Pool markings
T raffle PaRems
Deck Equipment
Underwater featores
Mechanical features, filter system options, water treaunent nad automatic water
treatment control
Spectator facilities
Dressing room features nad user spaces
Support spaces nad features
Architectural matedMs and finishes (Outline Specification for building and pool(s)
Provide recommendations on the general mechanical system for environmental control,
including dehumidi~cation~ lighting and other building systems required by the building to
support general na specialized activities in different wet and dry areas.
Prepare nad submit a preliminary opinion of probable construction cost of proposed
programmable spaces. Adjust the program nad spaces as required to meet the proposed
budget if one exists, or to reflect decisions made by the Committee.
F. Prepare a revised Design Program Analysis to reflect changes and adjustments determined
by consensus at meeting. Submit revised and final Design Program Analysis to Owner. A
public hearing may be held during the day of the second site visit if the Owner so desires.
Conceptual Plan C) ~ o~
A. Based on the agreed upon program, the Consultant will prepare a conceptual plan of the
pool or pools, with at least one cross section of the pool(s).
The Consultant wilt provide a conceptual plan of the building. The purpose of the plan
will be to illustrate one way to organbe the spaces in a functional arrangement and to
confirm that the building footprint will contain the areas proposed in the Design Program.
C. The Consultant will meet with the committee to discuss the conc~tual plan.
D. Following the meeting, the Consultant will make revisions to the plan, if necessary.
Cost Analysis
The Consultant will prepare an Opimen of Probable Construction Cost for the pool(s) and
building. Recent Project bid figures of entire projects will be used as well as national
estimating guides and local cost adjustment factors. The "hard construction cost" figures
will be supplemented by a Total Development Cost which will include such "mR" cost as
b ds and all anhci ex oses r~lated to the o so
are no "hidden" cost before making an informed decision about the project.
The Consultant will prepare an Enterprise Plan developing an opinion of operations of the
proposed project. This following will be researched and analyzed:
1. Area Aquatic Providers
Market Area Demographics
· Population, Age, Income
Area Aquatic User Groups
· Historic Usage and Project Level of Growth
,
Facility Management Outline
· Facility Operating Schedule
· Facility Capacity Limits
· Organization Chan
· Job Descriptions
· Wage Structure
· Marketing Program
Opinion of Probable Revenue
· Market Penetration
· Seasonal Usage
· Develop Fee Structure
· Opinion of Attendance By User Group
· Opinion of Revenue
Opinion of Probable Expenses
· Labor Demand
· Chemical Demand
· Operating Supplies
· Utility Demand
Opimon of Facility Financial Performaace
The Consultant will make a final presentation to the project committee outlining the
methods and results of the study.
COPI;ELL AQUATIC
AND RECREATION CENTER
October 9, 1996
A/EFEEPROPOSAL
A/E Basic Services
BUDGETED
FEE
FIXED (Scope Not Defined
FEE and not in Contract)
$ 425,000
AJE Supplemental Services
A. Enterprise Plan & Programming
B. Site Selection (See Note 1)
C. Furniture Equipment Selection / Interiors
(Fumiture& Equipment Budget X 10%)
D. Subtotal
A/E Additional Services
$ 26.000
$ 7,000
$ 16,000
$ 42,000 $ 7,000
E. State Grant Application Preparation $ 6,000
F. Landscape Architect (See Note 2) $ 14,000
G. Civil Utilities (See Note 3)
H. Civil Platting & Surveys, and Site Plan Submittals (See Note 3)
I. Cost Estimator $ 6,500
J. Architect Coordination (E-I) $ 2,650
K. Subtotal $ 29,150
$ 15,000
$ 8,500
$ 2,350
$ 25,850
Total of All Fees $ 496,150 $ 32,850
Reimbursable Budget
Pdnting / Derivedes / Facsimiles / Travel
$ 40,000
Notes: ~
1. Houriy with a guaranteed maxlmum established once scope is cleady dermed.
2. Landscape fee based upon building budget of $5,000,000 and land are~ for development of 4.0 acres.
3. Fixed fee to be established once site is selected.
96051 ~P~FeeProp-1 .xls
ct o
COPPELL AQUATIC
AND RECREATION CENTER
October 9, 1996
PROJECT BUDGET
Construction A. Building and SiteWork
B. Outdoor Pool
Land Acquisition
A. Budgeted
$ 4,400,000
$ 600,000
$ 0
Equipment and Furnishings
A. Furnishings
B. Equipment 1. Exercise and Pool Equipment
2. Telephones
3. Computers
4. Misc. Equipment
$ 40,000
$ 120,000
Professional Services A. Basic Services
B. Supplemental Services
C. Additional Services
Reimbursable Cost
$ 425,000
$ 49
$ 40,000
Testing Services A. Subsurface Soil Testing
B. Material Testing
C. Environmental Assessment of Site
Contingency (Approximately 5% of Construction Cost)
$ 4,000
$ 30,000
$ 3,500
$ 233,200
Total Project Budget
$ 6,000,000
96051%P%FeeProp-1 .~ds