AGREEi~'lENT
THIS AGREEME;QT, made the 12th day of May in the year Nineteen
I?undred and Seventy-two by and between Kerr County, hereinafter
called the Owner, and the firm of Lester B. Whitton, Planning:
Consultant, 510 Main Street, Kerrville, Texas, hereinafter called
the FlanninY; Consultant.
It is the intention of the Owner to construct a bridge on the Fall
Creek Road at the Turtle Creek Crossing in Kerr County, Texas,
hereinafter referred to as the Project.
The Owner and the Planning Consultant agree as set forth below.
I. THE PLANNING CONSULTANT shall provide professional services
for the Project in accordance with the Terms and Conditions of this
Agreement.
II. 'TH.~.' OWiJER shall compensate the Planning Consultant, in accord-
ance with the Terms and Conditions of this Agreement, as follows:
FOR THE PLANNING CONSULTANT'S BASIC SERVICES, as described
in Paragraph l.l, a Basic Fee computed at the following;
percentages of the Construction Cost as defined in Article
3, for portions of the Project to be awarded under
A Single Stipulated Sum Contract Ten Per Cent (10%)
CONDITIONS
ARTICLE 1
PLANNING CONSULTANT'S SERVICES
BASIC SERVICES
1.1 The Flanning Consultant's Basic Services consist of the
five phases described below and include normal engineering;
services.
SCIIEITATIC DESIGN PHASE
i.l.l `Phe Planning Consultant shall consult with the Owner to
ascertain the requirements of the FroJect and shall confirm such
requirements to the Owner.
i.i.~ 'I'he Planning Consultant shall prepare Schematic Uesil*n
:'.tudies consisting of drawings and other documents illustrating
the scale and relationship of Pro,Ject components for approval by
the Owner.
1.1.3 'Phe Planning Consultant shall submit to the Owner a State-
ment of Probable Construction Cost based on current area, volume
or other unit costs,
DESIG[1 DE'/ELOPP-i~~?IT P}iASE
1.1.4 The Planning; Consultant shall prepare from the approved
Schematic llesign Studies, for approval by the Owner, the Design
Development Documents consisting of drawings and other documents
to fix and describe the size and character of the entire Pr•o,ject.
1.1., The Planning, consultant shall submit to the Owner a further
Statement of Probable Construction Cost.
COPdSTRUCTIO;d DOCiJMENTS PHASE
1.1.5 The FlanninGr Consultant shall prepare from the approved
Design Development Documents, for approval by the Owner, 'vJorY.ing
Drawings and Specirications setting forth in detail the require-
ments for the construction of the entire FroJect including the
necessary biddiru* tn~ormation, and shall assist in the preparation
of bidding forms, the Conditions of the Contract, and the form
of A;reement between Y,he Owner and the Contractor.
1.1.7 1'he Planning, Consultant shall advise the O~,aner of any
adJustments to previous Statements of Probable Construction Cost
indicated by changes in requirements or general market conditions.
1.1.° ^he Plannin˘ Consultant shall assist the Ovrner in filing
tr:e reluired documents for the approval of governmental authori-
ties havinf ,Jurisdiction over the Project,
B1DDI;ui: OH ;dEGO'PIATIO?! PijASE
l.l.i? The Flani~ing Consultant, following the O~n~ner's approval.
of the Construction Documents and of the latest Statement of
Probable Construction Cost, shall assist the Owner in obtaining;
oils or negotiated proposals, and in awarding and preparing con-
struction contracts.
CU;JSTftUCTIOtJ PHASE--AllDiINISTRAT10id OF THE C09STRUCTION CON`PItACT
i.t,10 The Construction Phase will commence with the award of
the Construction Contract and will terminate when final pa;/ment
is made by the Owner to the Contractor.
1.',_.11 The Planning, ^onsultant shall provide Administration of
the Construction contract.
2
1.1.12 The PlanninP Consultant, as the representative of the
Owner durin!*, the Construction Phase, shall advise and consult
with the Owner and all of the Owner's instructions to the Con-
tractor shall be issued through the Planning Consultant. The
Ylannin,e, Consultant shall have authority to act on behalf of the
Owner to the extent provided in the General Conditions unless
otherwise modified in writing,.
1.1.13 The Planning Consultant shall at all times have access
to the lJork wherever it is Sn preparation or prop;ress.
1.1..14 The Planning Consultant shall make periodic visits to
the site to familiarize himself generally with the prop;ress and
quality of the 6Jork and to determine in general if the Work is
proceeding in accordance with the Contract Documents. On the
basis of his on-site observations as a Planning Consultant, he
shall endeavor to guard the Owner afiainst defects and deficiencies
in the Work of the Contractor. The Planning Consultant shall not
be required to make exhaustive or continuous on-site inspections
tc check the quality or quantity of the ',cork. The Planning Con-
sultant shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, and he shall not be
responsible for the Contractor's failure to carry out the Work in
accordance with the Contract Documents.
1.;.15 '3ased nn such observations at the site and on the Con-
tractor's Applications for Payment, the Planning Consultant
shall determine the amount owing to the Contractor and shall
issue Certificates for Payment in such amounts. The issuance of
a Certificate far Payment shall constitute a representation by
the Flannin~, Consultant to the owner, based on the Planning;
Consultant's observations at the site as provided in Sub-para-
y~raph 1.1.14 and on the data comprising- the Application for Pay-
ment, that the Mork has pror?ressed to the point indicated;
that to the best of the PlanninP Consultant's knowledge, Snform-
ation and belief, the quality of the 'r7ork is in accordance with
the Car tract Document: (sub,iect to an evaluation of the Work
as a functioning whole upon Substantial Completion, to the results
of any subsequent tests required by the Contract Documents, to
minor deviationr~ from the contract D~cumenta correctable prior
to eompletion, and to any specific qualifications stated in the
certificate for Payment); and that the lontractor is entitled to
payment in the amount certi~ie9, uy issuing; a Certificate for
i'a,ymenL, the Planniar- Consultant shall. not t,e deemed to represent
t;~at ire has nude any examination to ascertain how and for• w,rat
purpose the Contractor has used the moneys pain nn account of
the Contract Sum.
1.1.1G Phe Planning; Consultant shall be, in tYie first instance,
the interpreter of the requirements of the Contract documents
3
and the impartialjudge of the performance thereunder by both the
Owner and the Contractor. The Planning Consultant shall make
decisions on all claims of the Owner or Contractor relating to the
execution and progress of the ldork and on all other matters or
questions related thereto. The Planning Consultant's decisions in
matters relating to artistic effect shall be final if consistent
with the intent of the Contract Documents.
1.1.17 The Planning Consultant shall have authority to reject
vlork which does not conform to the Contract Documents, The
Planning Consultant shall also have authority to require the Con-
tractor to stoo the Mork whenever in hip reasonable opinion it
may be necessary for the proper performance of the Contract. The
Planning Consultant shall not be liable to the Owner for the con-
sequences of any decision made by him i.n good faith either to
exercise or not to exercise his authority to stop the Work.
l,l.lii The Flannin~; Consultant shall review and approve shop
drawings, samples, and other submissions of the Contractor only
for conformance with the design concept of the Fro,ject and for
compliance with the information given in the Contract Documents.
1.1.19 The Planning Consultant shall prepare Change Orders.
1.1.0 The Planning Consultant shall conduct inspections to
determine the Dates of Substantial Canpletion and Final Completion,
shall receive written guarantees and related documents assembled
oy the Lontractor, and shall issue a final Certificate for Pay-
ment.
1.1.21 The Flanninr* Consultant shall. not be resoonslble for the
acts or omissions of the Contractor, or any Subcontractors, or
any of the Contractor's cr Subcontractors' agents or employees,
or any other persons performing any o,^ the 'vlork.
P.RTICLE 2
TItE Oll:JER'S R%.°,PO.dSIRILITIES
2,1 1'he Owner shall provide full information ref;ardlnr? his re-
quirements for the Fro,ject.
2.2 The Owner shall designate, when necessary, a representative
authorized to act in his behalf with respect to the Fro,ject, The
Owner or his representative shall examine documents submitted by
the Planning Consultant and shall render decisions pertaining
thereto prompt l;/, to avoid unreasonable delay in the progress of
the Planning Consultant's work.
3 the Ovrner shall furnish a certified land survey of the site
PivinP;, as applicable, grades and lines of streets, alleys, pave-
ments and adjoir.inp property; rights-of-way, restrictions, ease-
ments, encroac!zments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions and complete data
pertainin, to existing buildings, other improvements and trees;
and full information concernin(? available service and utility
line, both public and private.
P.RTICLr: 3
CONS`1'RiJCTIOA COST
5.1 Construction Cost to be used as a basis for determininP the
Planning Consultant's Fee for all ~Jork designed or specified by
the Planning Consultant, including labor, materials, equipment
and furnishings, shall be determined as follows, .with precedence
In fire order listed:
.1.1 F'or completed construction, the total cost of all such Mork;
3.1.2 For work not constructed, the lowest bona fide bid received
from a qualified bidder for any or all of such work; or
3.1.3 F'or work for which bids are not received, the Planning
Consultant's latest Statement of Probable Construction Cost,
3.2 Construction Cost does not include the fees o+' the Planning
~cnsultant, the cost of the land, rights-of-way, or other costs
which are the responsibility of the: Owner as provided in Para-
fraph 2.3.
3,3 Labor furnished by the Owner for the Project shall be includ-
ed in the Construction Cost at current market rates. '~i.~terials
and equipment furnished by the Owner shall be i;~cluded at current
market prices, except that used materials an3 equipment shall be
included as if purchased new for the Project.
3,tJ Statements of Probable Construction Cost prepared by the
Planning Consultant represent his best ,judgment as a design pro-
fessional familiar with the construction industry. It :ts recog-
nized, however, that neither the Planning Consultant nor the
Owner has any control over the cost of labor, materials or equip-
ment, over the competitive bidding or market conditions. Accord-
ingly, the Planning Consultant cannot and does not guarantee that
oids will not vary from any Statement of Probable Construction
Cost prepared by him.
5
ART IC L::
PAY°II:IdTS TO T?fE FLANNIIIG COIJSUL'PANT
~~.1 Payments on account of the Planning Consultant's Basic
Services shall be made as follows;
~a.l.'_ Payments shall be made in proportion to services performed
to increase the compensation for Basic Services to the following
percentages of the Basic Pee at the completion of each phase of
the 1Jork:
Sci~ematic Design Phase & Design Development Fhase ?5%
Construction Documents Fhase 7~%
Construction Phase . 100
ARTICLk;
OWiJF,RSHIP OF' DOCU^~iJTS
Drawinp;s and Specifications as instruments of service are and
shall remain the property of the Planning; Consultant whether the
Project for v:hich they are made is executed or r.ot. They are not
to be used lly the Owner on other projects or extensions to this
Project except by agreement in writing and with appropriate com-
pensation to the Plannink; Consultant.
ARTICLE 5
SUCCESSORS A:1D ASSIG"IS
`Phe ciwner and the Planning Consultant each binds himself, his
partners, successors, assitrns and legal representatives to the
ct:~~er party to this Agreement and to the partners, successors,
~~:~;is-ns and lei*al representatives of such otiZer party with res-
oe~;~ to all covenants of this Agreement. Neither the Owner
n~~r the Planning ^onsultant shall assign, sublet or transfer
nis interest in this P.rreement without the written consent of
the other.
i';iis Agreement executed the day and year first written above.
OSJNEi~
\ ± ~.
1 ~ 11 ~ ~ ,
V V
PLANNING GO:ISULTAN"P
- "
Planning Consultant's
Registration i7o. l;`l78
G
~~a~.

~®.~
~h.~;
Q~ ~~~~
~~ ~.
~„ c~
R~