ORDER NO. 11992 ORDER EMPLOYING PROFESSIONAL SERVICES OF LEST ER B. WHITTON AND A. B. SWANK TO PREPARE FLANS AND SPECIFICATIONS FOR PROPOSED ADDITIONAL COURTHOUSE OFFICE SPACE On this the 16th day of November, 1973, came on to be heard and considered by the Court the matter of erecting additional office space to accommodate the personnel and records of the offices of the County Clerk and County Tax Assessor-Collector of Kerr County, and the Court having given due consideration to the recommendations heretofore received from a group of concerned private citizens, which recommendations were for the erection of additional office space consisting of two floors of approximately 5000 square feet each to be situated in the proximity of the northeasterly corner of the present Courthouse and designed to accommodate the offices of the County Clerk and the County Tax Assessor-Collector; and it further appearing to the Court that the aforesaid concept as presented to the Court would, if adapted, furnish proper office space for the two County offices employing the largest number of personnel and having the largest volume of business to transact and that the relocation of these two offices from the present Courthouse structure would make additional space available to other County offices and Courts; and it further appearing that the professional services of Lester B. Whitton and A. B. Swank have heretofore been employed for the purpose of preparing plans and specifications for the construction of a proposed County-City jail facility in the proximity of the northerly corner of the present Courthouse; and it further appearing to the Court that any additional office space construction in the area presently under consideration should be designed and planned in a manner and design compatible with and in harmony with the design of the proposed jail facility, it is ordered on motion of Commissioner Schwethelm seconded by Commissioner Sallee and unanimously approved by the Court Lhat the professional services of Lester B. Whitton and A. B. Swank be employed to prepare plans and specifications for the construction of additional Courthouse offic space in accordance with the concept hereinabove set forth and pursuant to such written contract as may be agreed upon and entered into with Kerr County. - ~?a~', THE AMERICAN INSTITUTE OF ARCHITECTS .~. AIA Document 8131 Standard Form of Agreement Between ®wner and Architect on a basis of a PERCENTAGE Of CONSTRUCTION COST THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIffCATlON AGREEIYfENT made this 16th Hundred and Seventy Three &ETl~1/EEN Kerr County, Texas day of November in the year of Nineteen the Owner, and Lester B. Whitton PE and A. S. Swank FAIA, an Association the Architect. it is the intention of the Owner to plan and erect a building for additional Court House office space on the grounds of the existing County Court House, Kerrville, Texas hereinafter referred to as the Project. The Owner and the Architect agree as set forth below. A7.1 nOCUMENT 0731 OWNER-ARCHITECT AGREEMENT (PERCENTAGE) APRIL 1'370 EDITION AIA® '9 7970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. G 2(1006 ~ I. THE ARCFIITECT shau provide professional services for the Project ii. accordance with the Terms and Conditions of this Agreement. II. THE OWNER shall compensate the Architect, in accordance with the Terms and Conditions of this Agreement, as follows: a. FOR THE ARCHITECT'S BASIC SERVICES, as described in Paragraph 1.1, Basic Compensation 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 Nine and 25/100 per cent (9.25"/ ) S~ x®3ecSttspcaiamcd~fxrxoc~~t~s~antxxxxxxxxxxxxxxxxxxacacxxxxxg~cse¢ttxpcxxxxXaq rk ~5ia~isc~'zsxRicaxfiaeac~aacxxxxxxxxxxxincxxxxxxxxxxx xxR~ncxan4x5cxxxxA~ad S'~araiec6~vta8t~cFgac~®mmt~txitxxxxxx~txxxxZCxxxx~txxxxxxx~~tH~€x6cxxxxR'ad kYSEcMXmtIICY3c>flicxxxxxxxxicxxxxxxxxxxxxxxxxxxxxxicxxsl»iFmA~d4x~ocxxxxx><3 ~cuaa~dax~a~E~Aa~R~~~c~c~€s~4tx~Rx~~2~rRR~c~~lRkxx For the sum 'of Sixty Four Hundred and Eighty Dollars ($6,480.00) the Architect agrees to complete such portions of the Schematic and Design Development Phases of the Basic Services to provide the Owner the necessary plans, drawings, architectural renderings, and cost est- imates, to fix and describe the size, finish, and character, as well as the Probable Construction Cost of the Project.* b. FOR THE ARCHITECT'S ADDITIONAL SERVICES, as described in Paragraph 1.3, compensation computed as follows: Prirtcipals' time at the fixed rate of 'thirty Seven & 50/100 dollars ($ 37.50 ) per hour.`For the purposes of [his Agreement, the Principals are: Lester B. Whitton PE A. B. Swank FAIR Employees' time computed at a multiple of two and one, hal1f ( 2 1/2 ) times the employees' Direct Personnel Expense as defined in Article 4. Additional services of professional consultants engaged for the normal structural, mechanical and electrical engineering services at ~~~ invoiced cost to the Architect (~cxxxxxxxx7~1g4pitA44tftFf+Yr74>dH#8~tzdt~t8~atc6m:srradaci~kdik. Services of other professional consultants at acmmit~C~k invoiced cost to the Architect ~cxxxxxxxxxhtlk+seR~ti#3€~t9(BR~x§14~tt~j@t~3€:N1FA5ttxfRkft~S~€~ The rates and multiples set forth in this Paragraph IIb will be subject to renegotiation if the services covered by this Agreement have not been completed within ( 12 )months of the date hereof. c. fOR 7HE ARCHITECT'S REIh18URSABLE EXPENSES, amounts expended as defined in Article S. d. THE T1ME5 AND FURTHER CONDITIONS OF PAYM11ENT shall be as described in Article 6. *It is agreed and understood that completion oL the Project beyond this stage is subject to funding by a bond issue that must be approved by the voters of Kerr County. ' AIA DOCUMENT 8131 OWNEK ARCHITECT AG RECM E~\T (PCRCf.NTAGEI APRIL '1970 EDITION AIA~' V 1970 • TMIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW PORK AVE., N.~V., AV ASHINGTCIN, D. G ?0006 T TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S SERVICES l.1 BASIC SERVICES The Architect's Basic Services consist of the five phases described below and include normal struc- tural, mechanical and electrical engineering services. SCHEMATIC DESIGN PHASE 1.1.1 The Architect shall consult with the Owner to as- certain the requirements of the Project and shall confirm such requirements to the Owner. 1.1.2 The Architect shall prepare Schematic Design Studies consisting of drawings and other documents illus- trating the scale and relationship of Project components for approval by the Owner. 1.i.3 The Architect shall submit to the Owner a State- ment of Probable Construction Cost based on current area, volume or other unit costs. DESIGN DEVELOPMENT PHASE 1.1.4 The Architect shall prepare from the approved Schematic Design 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 Project as to structural, mechani- cal and electrical systems, materials and such other essen- tials as may be appropriate. 1.1.5 The Architect shall submit to the Owner a further Statement of Probable Construction Cost. CONSTRUCTION DOCUMENTS PHASE 1.1.6 The Architect shall prepare from the approved De- sign Development Documents, for approval by the Own- er, Working Drawings and Specifications setting forth in detail the requirements for the construction of the entire Protect including the necessary bidding information, and shall assist in the preparation of bidding forms, the Con- ditions of the Contract, and the form of Agreement be- tween the Owner and the Contractor. 1.1.7 The Architect shall advise the Owner of any ad- justments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 1.1.8 The Architect shall assist the Owner in filing the required documents for the approval of governmental authorities having jurisdiction over the Project. BIDDING OR NEGOTIATION PHASE 1.1.9 The Architect, following the Owner's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals, and in awarding and preparing construction contracts. CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.1.10 The Construction Phase will commence with the award of the Construction Contract and will terminate when the final Certificate for Payment is issued to the Owner. 1.1.11 The Architect shall provide Administration of the Construction Contract as set forth in Articles 1 through 14 inclusive of the latest edition of AIA Document A201, Gen- eral Conditions of the Contract for Construction, and the extent of his duties and responsibilities and the limitations of his authority as assigned thereunder shall not be modi- fied without his written consent. 1.1.72 The Architect, as the representative of the Owner during the Construction Phase, shall advise and consul[ with the Owner and all of the Owner's instructions to the Contractor shall be issued through the Architect. The Architect shall have authority to act on behalf of the Owner to the extent provided in. the General Conditions unless otherwise modified in writirfg. • 1.1.13 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 1.1.14 The Architect shall make periodic visits to the site to familiarize himself generally with the progress and quality of the Work and to determine in general if. the Work is proceeding in accordance with the Contract Doc- uments. On the basis of his on-site observations as an architect, he shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. The Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall not be respon- sible for construction means, methods, techniques, se- quences 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. 1.1.15 Based on such observations at the site and on the Contractor's Applications for Payment, the Architect shall determine the amount owing to the Contractor and shall issue Certificates for Payment in such amounts. The is- suance of a Certificate for Payment shall constitute a rep- resentation by the Architect to the Owner, based on the Architect's observations at the site as provided in Sub- paragraph 1.1.14 and on the data comprising the Appli- cation for Payment, that the Work has progressed to the point indicated; that to the best of the Architect's knowl- edge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Con- tract Documents upon Substantial Completion, to the re- sults of any subsequent tests required by the Contract Doc- AIA DOCUMENT 6737 OWNER-ARCHITECT AGREEMENT (PERCENTAGE) APRIL 1970 EDITION AIA G 1970 • THE AMERIGIN INSTITUTE OF ARCHITECTS, 1731 NEW YORK AVE., N.W., WASHINGTON, D. C. 20005 uments, to minor deviations from the Contract Documents correctable prior to completion, and to any specific quali- fications stated in the Certificate for Payment); and that the Contractor is'entitled to payment in the amount cer- tified. By issuing a Certificate for Payment, the Architect shall no[ be deemed to represent that he has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 7.1.16 The Architect shall be, in the first instance, the interpreter of the requirements of the Contract Docu- menrs and the impartial judge of the performance there- under by both the Owner and Contractor. The Architect ehall make decisions nn all claims of the Owner or Con- tractor relating to the execution and progress of the Work and on all other matters or questions related thereto. Tne Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. iJ.i7 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Ltirhenever, in his reasonable opinion, he considers it neces- sary or advisable to insure [he proper implementation of the intent of the Contract Documents, he will have author- ity to require special inspection or testing of any V~,'ork in accordance with the provisions of the Contract Docu- ments whether or not such Work be then fabricated, in- stalled or completed. 7.1.18 The Architect shall review and approve shop drawings, samples, and other submissions of the Contrac- tor only for conformance with the design concept of the Project -and for compliance with the information given in the Contract Documents. 1.1.19 The Architect shall prepare Change Orders. 1.1.20 The Architect shall conduct inspections to de- termine the Dates of Substantial Completion and final completion, shall receive and review written guarantees and related documents assembled by the Contractor, and shall issue a final Certificate for Payment. 7.1.27 The Architect shall not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of the Contractor's or Subcontractors' agents or employees, or any other persons performing any of the work. 7.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 1:1.1 If more extensive representation at the site than is described under Subparagraphs 1.T.'iD through 1.1,21 inclusive is required, and if the Qwner and Architect agree, the Architect shall provide one or more Full-Time Project Representatives to assist the Architect. 1.2.2 Such Fulf-Time Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as mutuaNy agreed between the Owner and the Architect as set forth in an exhibit appended [o this Agreement. 1.2.3 The duties, responsibilities and limitations of au- thority of such Full-Time Project Representatives shall be set forth in an exhibit appended Yo this Agreement. 7.2.4 Through the on-site obsen'ations by Full-Time Proj- ect Represents tivec of the N,'ork in progress, the Architect shall endeavor to provide further protection for the Owner against defects in the Work, but the furnishing of such project representation shall not make the Architect responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and pro- grams, or for the Contractor's failure to perform the Work in accordance with the Contract Documents. 1.3 ADDITIONAL SERVICES If any of the following Additional Services are authorized by the Owner, they shall be paid for by the Owner as hereinbefore provided. 1.3.1 Providing special analyses of the Owner's needs, and programming the requirements of the Project. 1.3.2 Providing financial feasibility or other special studies. 1.3.3 Providing planning surveys, site evaluations, or comparative studies of prospective sites. 1.3.4 Providing design services relative to future facili- ties, systems and equipment which are not intended to be constructed as part of the Project. 1.3.5 Providing services to investigate existing condF tions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other informa- tion furnished by the Owner. 7.3.5 Preparing documents for alternate bids or out-of- sequence services requested by the Owner. 1.3.7 Providing Detailed Estimates of Construction Cost or detailed quantity surveys or inventories of material, equipment and labor 1.3.8 Providing interior design and other services re- quired for or in connection evith the selection of furniture and furnishings. 1.3.9 Providing sen'ices for planning tenant or rental spaces. 1.3.10 Making major revisions in Drawings, Specifica- tions or other documents when such revisions are incon- sistent with written approvals or instructions previously given and are due to causes beyond the control of the Architect. 1.3.17 Preparing supporting data and other services in connection with Change Orders if the change in the Basic Compensation resulting from the adjusted Contract Sum is not commensurate with the services required of the Architect. 1.3.12 Making investigations involving detailed' ap- praisals and valuations of existing facilities. and surveys or inventories required in connection with construction, performed by the Owner. 1.3.13 Providing consultation concerning replacement of any Work damaged, by fire or other cause during con- struction, and furnishing professional services of the type set forth ir, Paragraph i.i as may be required in connection with the replacement of such Work. 1.3.14 Providing professional services made necessary by the default of the Contractor or by major defects in the Work of the Contractor in the performance of the Construction Contract. 1.3.15 Preparing a set of reproducible record prints of drawings showing significant changes in the Work made AIA DOCUMENT 6131 OWNER-AFCHITECT ,4GEEEMENT (PERCENTALE) AFRIL 10;0 EDITION AIA~ ©1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, Pis NE1Y' VORK A\'E., N.14'„ WA$H INGTON, U. C. 20006 during the construction process, based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. 1.3.16 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or test- ing, adjusting and balancing, preparation of operating and maintenance manuals, training personnel foroperationand maintenance, and consultation during operation. 7.3.17 Providing Contract Administration and observa- tion of construction after the Construction Contract Time has been exceeded or extended by more than 30 days through no fault of the Architect. 1.3.18 Providing services after issuance to the Owner of the final Certificate for Payment. 1.3.19 Preparing to serve or serving as an expert witness in tonnection with any public hearing, arbitration proceed- ing or legal proceeding. 1.3.20 Providing services of professional consultants for other than the normal structural, mechanical and electri- cal engineering services for the Project. 1.3.21 Providing any other services not otherwise in- cluded in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding his requirements for the Project. 2.2 The Owner shall designate, when necessary, a rep- resentative authorized to act in his behalf with respect to the Project. The Owner or his representative shall exam- ine documents submitted by the Architect grid shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's work. 2.3 The Owner shall furnish a certified land survey of the site giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restric- tions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. 2.4 The Owner shall furnish the services of a soils engi- neer or other consultant when such services are deemed necessary by the Architect, including reports, test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests and other necessary operations for determining subsoil, air and water conditions, with appropriate professional interpretations thereof. 2.5 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 2.b The Owner shall furnish such legal, accounting, and insurance counselling services as may be necessary for the Project, and such auditing services as he may require to ascertain how or for what purposes the Contractor has used the moneys paid to him under the Construction Contract. 2.7 The services, information, surveys and reports re- quired by Paragraphs 2.3 through 2.6 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.8 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or non-conformance with the Contract Documents, he shall give prompt writ- ten notice thereof to the Architect. 2.9 The Owner shall furnish information required of him as expeditiously as necessary for the orderly progress of the Work. ARTICLE 3 CONSTRUCTION COST 3.1 The Construction Cost to be used as the basis for determining [he Architect's Basic Compensation shall be the total cost or estimated cost to the Owner of all Work designed or specified by the Architect, which shall be determined as follows, with precedence in the order listed: 3.1.7 For completed construction, the total cost of all such Work; 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 (2) if the Work is not bid, the bona fide nego- tiated proposal submitted for any or all of such Work; or 3.1.3 For Work for which no such bid or proposal is received, (1) the latest Detailed Estimate of Construction Cost if one is available, or (2) the latest Statement of Probable Construction Cost. 3.2 Construction Cost does not include the compensa- tion of the Architect and consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the Owner as provided in Paragraphs 2.3 through 2.6 inclusive. 3.3 Labor furnished by the Owner for the Project shall be included in the Construction Cost at current market rates including a reasonable allowance for overhead and profit. Materials and equipment furnished by the Owner shall be included ai current market prices, except that used materials and equipment shall be included as if pur- chased new for the Project. 3.4 Statements of Probable Construction Cost and De- tailed Cost Estimates prepared by the Architect represent his best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has any control over the cost of labor, materials or equipment, over the con- tractors' methods of determining bid prices, or over com- petitive bidding or market conditions. Accordingly, the Architect cannot and does not guarantee that bids will not vary from any Statement of Probable Construction Cost or other cost estimate prepared by him. AIA DOCUM[N7 8131 OWNER-ARCHITECT AGREEMENT (PERCENTAGE) APRIL 1970 EDITION AIA® ©1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, "1735 NEW PORK AVE., N.W., WASHINGTON, D. C. 20006 3.5 When a fixed limit of Construction Cost is estab- lished as a condition of this Agreement, it shall include a bidding contingency of ten percent unless another amount is agreed upon in writing. When such a fixed limit is estab- lished, the Architect shall be permitted to determine what materials, equipment, component systems and types of construction are to be included in the Contract Docu- ments, and [o make reasonable adjustments in the scope of the Project to bring it within the fixed limit, The Archi- tect may also include in the Contract Documents alternate bids Co adjust the Construction Cost to the fixed limit. 3,5.9 If the lowest bona tide bid or negotiated pro- posal, the Detailed Cost Estimate or the Statement of Probe.bfe ConstttiUion Cost exceeds such fixed limit of Construction Cost (including the bidding contingencyl established as a condition of this Agreement, the Owner shall (7) give written approval of an increase in such fixed Iirnit, f21 authorize rebidding the Project within areason- ab'e time, or (3? cooperate in revising the Project scope and quality as required to reduce the Probable Construc- tion Cost. In the case of (3) the Architect, without addi- tional charge, shall modify the Drawings and Specifications as necessary to bring the Construction Cost within the Fixed limit. 7.he providing of such service shall be the !unit of the Architect's responsibility in this regard, and having done so, the ArchitecC shall be entitled to compen- sation in accordance with this Agreement. ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.7 Direct Personnel Expense of employees engaged on the Project by the Architect includes architects, engineers, designers, job captains, draftsmen, specification writers and typists, in consultation, research and design, in pro- ducing Drawings, Specitications and other documents per- taining to the Project, and in services during construction at the site. 4:2 Direct Personnel Expense includes coat of salaries and of mandatory and customary benefits such as statu- tory employee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. ARTICLE 5 REIM$URSABLE EXPENSES 5.7 Reimbursable Expenses are in addition to the Com- pensation for Basic and Additional Services and include actual expenditures made by the Architect, his employees, or his professional consultants fn the interest of the Proj- ect for the expenses listed in the following Subparagraphs: 5,7,-1 Expense of transportation and living when travel- ing in connection with the Project; long distance calk and telegrams; and fees paid for securing approval of authorities having jurisdiction over the Project. 5.1.2 Expense of reproductions, postage and handling of Drawings and Specifications excluding duplicate sets at the completion of each Phase for the Owner's review and approval. 5.7.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates and expense of renderings or models for the Owner's use. 5.'1.4 Expense of computer time when used in connec- tion with Additional Services. ARTICLE 6 PAYMENTS TO THE ARCHITECT 6.7 Payments on account of the Architect's Basic Serv- ices shall be made as follows: 6.7.1 An initial payment as set forth in Paragraph IIa :'Page 21 is the minimum payment under .his Agreement. 6.7.2 Subsequent payments for Basic Services shall be made monthly in proportion to services performed so that the compensation at the completion of each Phase shall equal the following percentages of the total Basic Compensation: Schematic Design Phase ........ 95°/ Design Development Phase ...... 35°,b Construction Documents Phase .... 75°~ Bidding or Negotiation Phase ..... 80% Construction Phase .............. 100% 6.2 Payments for Additional Services of the Architect as defined in Paragraph 7.3, and for Reimbursable Expenses as defined in Article 5, shall be made monthly upon presentation of the Architect's statement of services ren- dered. 6.3 No deductions shall be made from the Architect's compensation on account of penalty, liquidated dam- ages, or other sums withheld from payments to con- tractors. 6.4 If the Project is suspended for more than three months or abandoned in whole or in part, the Architect shall be paid his compensation for services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all terminal expenses resulting from sur_h suspension or abandonment. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be subject to renegotiation. 6.5 Payments due the Architect under this Agreement shall bear interest at the legal rate commencing sixty days after the date of billing. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS Records of the Architect's Direct Personnel, Consultant and Reimbursable Expenses pertaining to the Project, and records of accounts beteveen the Owner and the Con- AIA DOCU:`IENT 6'131 ObVNER-AFKHI7ECT AGREEMENT (PERCENTAGEI APRIL X9'0 EDITION AIA° r t9?C • THE AMERICAN INSTITUTE OP ARCHITECTS, '1735 NEW YORK Al'E., N.bV., wASHING70N, D. C 2000G tractor, shall be kept on a generally recognized accounting basis and shall be available to the Owner or his author- ized representative at mutually convenient times. ARTICLE 8 TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon seven datis' written notice should the other party fail substantially to perform in accordance with its terms thrcugh no fault of the other. In the event of termination due to the fault of others than the Architect, the Archi- tect shall be paid his compensation for services per- formed to termination date, including Reimbursable Ex- penses then due and all terminal expenses. ARTICLE 9 OWNERSti1P OF DOCUMENTS Drawings and Specifications as instruments of service are and shall remain the property of the Architect whether the Project for which they are made is executed or not. They are not to be used by the Owner on other projects or extensions to this Project except by agreement in writ- ing and with appropriate compensation to the Architect. ARTICLE 10 SUCCESSORS AND ASSIGNS The Owner and the Architect each binds himself, his partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. ARTICLE 11 ARBITRATION 71.7 All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach thereof shall be decided by arbitration in accord- ance with the Construction Industry :arbitration Rules of the American Arbitration Association then obtaining un- less the parties mutually agree otherwise. This agreement to arbitrate shall he specifically enforceable under the prevailing arbitration law. 11.2 Notice of the demand for arbitration shall he filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or otiler matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispu±e or other matter in question would be barred by the applicable statute of limitations. 11.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court havin; jurisdiction thereof. ARTICLE 12 EXTENT OF AGREEMENT This Agreement repres ants the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. ARTICLE 13 GOVERNING LAW Unless otherwise specitied, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. AIA UOCUMLNT 3711 OWNER-ARCHITECT AGREE+nENT (PERCENTAGE) APRIL 19?0 EDITION AIA® ©19?0 • THE ALIE GICAN INStl Ll1TE OF ,ARCHITECTS, 1735 NCVJ YOKK AVE., N.W., WASHINGTON, D. C. 20GOfi r n~ ,• ~ ~ ~ ~~~ I t This Agreement executed the day and year first written above. C ti ~ OWNER ARCHITECT ~ KERB COUNTY, TEXAS Lester B. Whitton PE and A . B. 9Gran IA - ~ BY ~N ~_1~E ~~i~~.i. _\ \ J iLS R. Neunhoffer, County Lester B. Whitton PE Judge // i_ G ~~~!~JI'~(j~ C ty Clerk, Kerr County A. B. Swank PAIR ~~.~ !> ~., .~~ AIA DOCUMENT 8131 OW'^JER-ARCHII ECT AGREEMENT IP[RCENTAGE7 APFIL "1970 EDI rION ALA® 8 ~~ 7170 • TPIF AbIFRICAN INS'rINrE Oh AI:CHIT ECTS, 1735 NLbV YV KK AVE., N.W., WASHINGTON, U. C. 10006 I f~ ~~~~ c. u_'Ed~~~i~li FIRSI NAl-IQNAL RANI: BUILDING SUITE 249 PHONE 512-257-4422 IIONORABLP COUNTY JUDGh AND COMMISS]:ONliRS' COURT K?;P.R COUNTY IaRRV ILLL: , TEXAS Re: Amendment to Agreement between Architect and Ow~~~r dated ]6 November 1973 for Annex to Kerr County Court House Gentlemen: KERR\/IEEE, TEXAS 7G02t; 8 March 1976 1. The Architect's fee for the revision of the Contract Documents for the Ll~ork in accordance with t},e provisions o.f Court Order. No. ].?971, issuad by the Court on li August 1975, will be $21,822. ?.. Unless the scope of the work is changed substai:rially from that= now contemplated, our fee for the Bidding and Ncyot iatir,g Phase tail! he $4,179, and for the Cons ruction Phase the fee ~~~11 be $16,718, or a total o $20,897 for the Bidding-Ncgot_iatiny and L'onstruction Phases of t:he Work. 3. Paragraph 6.1.2 of the referenced Agreunent is amended accord- ingly. Respectfully submitted, A. 13. Swank_ FAIA & hester B. Whitton PP I~rchitect ik Pn~Jinccr -~-~ - - -----_ . By: '_'~_ ACCLPTANCL CLAUSE, The above and forec;oing is hereby in all things accepted and ap~hrove~ by the Complissioners' Court of Kerr County, Texas, this, the .~ ~~a,, of ~;,.~,,jl~, 19%6, ATTliST: .. ~~" ; Coun~_y C'] erh~'---- PLA N tJ l_NG CONSUL 7AldTS D E S I G R S .,,,... E N G I N E G R S ,I County Judge ?~ i t % ~~ - ~` mnv .~Jr -t ~z ~c' " Gail( tFWT111 1.4N1Yj, Yi1W[ Y.1woLRV. 18.\U ` October 18, 197F, AMENDMENT NO. 2 to the Standard Form of Agreement be.turer~n Kerr County, Texas, the Uwner, and Lester $. Whitton and A. B. Swank, the Architect, dated November 16, 1973. The contract shall he pending the approval of the grantors. Additional services required of the Architect beyond that stipulated in the above stated original contract are as follows: 1. Make necessary additions to the construction documents to enable the Owner to advertise for separate bids on that portion of th~• correction/detention facility including equipment not now under construction. 2. Provide services described in the above stated original contract as "Bidding ur Negotiation Phase" and "Construction Phase" for that portion of the correction/detention facility not now under con- struction. 3. Prepare bidding documents and provide Architects basic services through construction phase on jail equipment.. 4. Submit monf!,ly written reports on the progress of the work. 5. Prepare "as-built" drawings after completion of the project. Additional compensation t~~ the Architect will be twenty seven thousand, two hundred seventy eight dollars ($27,278.00). In the event of any conflict between the provisions contained in this AMENDMENT and the clauses contained in The Standard Form of Agreement, the provisions herein contained will he controlling. This AMENDMENT executed the day and year first written above. OWNER ARCIIITECI KERR CO UNTY, TE}iAS LEST L'R B. W1-IITTON & A. B. SWANli _-:. Julius R. Neunhoffer, County/,Iud'ge L<•st~+r B. Whitton r- L ~. Filed ~O T` o ~f ~~~.%G .__YA.b. Y9 Gee uni~l~ ur; 1y~fz~1Cd~}~l„ °faxae cJ ~7 i ,~ ~..k. c1P,e~ .~' ii y~.c'. ORDER EMPLOYING PROFESSIONAL SERVICES OF LESTER B. WHZTTON AND A. B. SWANK TO PREPARE PLANS AND SPECIFICATIONS FOR PROPOSED ADDITIONAL COURTHOUSE OFFICE SPACE