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ORDER APPROVIIlTG CONTRACT FOR PLANNING AND DESIGN OF PROPOSED KERR COUNTY-CITY OF KERRVILLE JAIL FACILITY- t 6-29-73 r s \ '~ ~ ~~ r1~AY ~ ~9~3 THE AMERICAN INSTITUTE OF ARCHITECTS ~``I~I`'(~~ `~i AIA Document 8331 ~t~~l~~~~ r®~~ ®f ~~~~~m~r~t ~~tw~en ~~v~~~ a~~ ~~c~e~~ct on a basis of a PROFESSIONAL FEE PLUS EXPENSES THIS DOCUMENT HAS Ih1PORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED LVITH RESPCCT TO !TS COMPLETION OR MODIFICATION AGREEMENT made this fourtkeenth (14th) day of tray in the year of Nineteen Hundred and seventy Three BETWEEN Kerr County, Texas and the City of Kerrville, Texas the Owner, and Lester B. Whitton PE and A. B. Swank FAIR, an Association, the Architect. It is the intention of the Owner to have prepared a study, including planning through the Schematic Design Phase, for a new facility to replace the present Kerr County and City of Kerrville jails hereinafter referred to as the Project. The Owner and the Architect agree as set forth below. AIA DOCUMENT 0331 OWNLR-ARCHITECT AGRE64ffNT IFEE FLUS EXFCNSESI APRIL '1970 COITION AIAO CU 1970 • TILE MICRICAN INSTIL UTE OF AP.CHITECTS, T7i5 NEW YORK AVE, N.W.,~WASHINGTON, D. C. 2000G 1 ~. -°- I. THE ARCHITECT shall provide professional services for the Project in 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, a Professional Fee of Fifteen Thousand and 00/100-----------------°-------------- dollars ($ 15,000.00). If the scope of the Project is changed materially, or if Additional Services as described in Paragraph 1.3 are required, the Professional Fee shall be adjusted by mutual consent. b. FOR 7HE ARCHITECT'S 6AS)C AND ADDI7/ONAL SERVICES, as described in Paragraphs 1.1 and 1.3, a sum computed as follows: Principals' time at the fixed rate of dollars ($ N/A )per hour. For the purposes of this Agreement, the Principals are: Employees' time computed at a multiple of ( N/A )times the employees' Direct Personnel Expense as defined in Article 4. * Services of professional consultants at a multiple of ( * )times the amount billed to the Architect for such services. The rates and multiples set forth in this Paragraph IIb will be subject to renegotiation if the serv- ices covered by this Agreement have not been completed within ( )months of thr. date hereof. c. AN INITIAL PAYMENT of dollars ($ ) shall be made upon the execution of this Agreement and credited to the Owner's account. d. FOR 7HE ARCfi1TECT'S REIMBURSABLE EXPENSES, amounts expended as defined in Article 5. e. THE 71ME5 AND FURTHER CONDITIONS Of PAYMENT shall be as described in Article 6. f. This Agreement covers the necessary studies and the Schematic Design Phase of the Basic Services only. g. This Agreement is subject to and in accordance with the terms of an Application dated 9 February 1973 submitted to tiTe Texas Criminal Just- ice Council by ttEe County of I;err and the City of I:errville, which Application is herein incorporated by reference. h, This Agreement is subject in all things to a rider of even date hereto attached and herein incorporated by reference for all pertinent purposes. * Consultants to be retained, subject to prior approval by the Owner, and paid by the Architect. AiA DOCUMENT 6371 OWNER-ARCHiTECi ACRFE~b1CNT lrEF PLUS E%PENSE9 gPgll '19?U COITION AIA~ ~ U TOiO TtIC Ah4K4C~N WST ITUTE OF ARCHiTEC1S, }7}5 NE\V YORK ,U'E, N.W., WASHWGTU N, D. C. 2000G TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S SERVICES 1.1 BASIC SERVICES The Architect's Basic Services consist of the five phases described below and include normal struo- 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 pmpare `;thematic Design Studies consisting of drawings ~-~,d other documents illustrating the scale and relationship of Project com- ponents for approval by the Owner. 1.1.3 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 7,1.4 The Architect shall prepare from the approved Schematic Design Studies, for approval by the Owner, the Design Development Documents consisting of draw- ings and other documents to fix and describe the size and character of the entire i'roject as to structural, me- chanical and electrical systerns, materials and such other essentials 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 Design Development Documents, for approval by the Owner, Working Drawings and Specifications setting forth in detail the requirements for the construction of the entire Project including the necessary bidding infor- mation, and shall assist in the preparation of bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and the Contractor. 1.1.7 The Architect shall advise the Owner of any ad- justments to previous Statements of Probable Construc- tion Cost indicated by changes in requirements ur 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 Deer 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 Cons truchon Cosi, shall ,r,sis[ the Owner in obtaining bids or ncgotlated proposals, and in awarding and preparing construction contracts. CONSiRUC710N PHASE-ADMINISiRA710N OF THE CONSTRUCTION CONTRACT 1.7.10 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. 1.7.11 The Architect shall provide Administration of the Construction Contract as set forth in Articles 1 through '14 inclusive of the Infest edition of AIA Document A207, General Conditions of the Contract for Construction, and the extent of his duties and responsibilities and the limi- tations of his authority as assigned thereunder shall not be modified without his written consent. 7.1.12 The Architect, as the representative of the Owner during the Construction Phase, shall advise and consult with the Ov~n~r and all of the Owner's instructions to the Contractor shall be isxnad through the Architect. The Architect shall have authority to act on behalf of the Owner to the extent provided in the General Condition, unless otherwise modifled in writing. 1.1.13 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 7.1.14 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 ~L'ork is proceeding in accordance with the Contract Documents. On the basis of his on-site observation< as an architect, he shall endeavor to guard the Owner against defects and deficiencies in the Work of the Con- tractor. The Architect shall not be required to make ex- haustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shat! no[ be responsible for construction means, methods, tech- niques, sequences nr procedures, or for safety precautions and programs in cnnna'tion with the Work, and he shall no[ be responsible for the Contractorb failure to carry out the Work in accordamce 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 >hall issue Certificates for Payment in such amounts. The issuance of a Certifcato for Payment shatl constitute a representation by the Architect to the Owner, based on the Architect's ob~.orv'ations ai fife site as provided in Subparagraph 1.1.94 and the data comprising the Appli- cation for Payment, (hat 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 Vdork is in accordance with the Contract Documents ( NRV Yci I:K AVC, V.W., N',ASH L":G fU N, D C. ?0006 3 Certified. By issuing a Certificate for Payment, the Archi- tect shall not 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 aaount of the Contract Surn. 1.1.16 The Architect shall be, in the first instance, the interpreter of the requirements of the Contract Docu- ments and the impartial judge of the performance there- under by hoth the Osvnrr and Contractor. Thr Architect shall make decisions on all claims of the Owner or Con- tractor relating to the execution and progress or the Work and on all othc_r matters or yuoslwm related thereto. The Architect's decisions in matters relating to artistic effect shall be final if consistent svlth the intent of the Contract Documents. 1,1,17 The Architect shall have authority to reject \Vork which does not contonn to the Contract Documents. 1Ahenewr, in his reo-onab!c opinion, L.e cr,nvd it necessary or advisah!o to in;•,ua :` ~~~~;per implementa- tion of the intent of the G:e'~..~.~-r Uocuments, he will have authority to rcrluire spca:.! ic-pe~ti:m or tr_,tin~ of an}' AV'ork in accurdancc ~~ith dso pru~,i .~: ~ ~d ±h~ C~~-~- tract Documents whether or not such \V'ork be then fabri- cated, installed or completed. 1.1.18 The Architect shall review and approve shop drawings, samples, and other submissions of the Con- tractor only for conformance with the design mncep[ of the Project and for compliance with [he 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 Dales 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. 1,1,21 The Architect shall not be responsible for the acts or omissions of the Contractor, or any Subcon- tractors, or any of the Contractor's or Subcontractors' agents or employees, or any other persons performing any of the \Vork. 1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 1,2,1 If more extensive representation at the site than is described under Subparagraphs 1.1.10 through 1.1.21 mdusive is required, and if the Owner and Architect agree, the Architect shall provide one or more Full-Time Project f:epresentatives [o assist the Architect. 1,2,2 Such Full-Time Project Representatives shall be se- lected, emplnird and directed by the Architect, and the Architect shall be compensated therefor as mutually agreed between the Owner and the Architect as set forth in an exhibit appended to 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 to this Agreement. 1.2.4 Throef;h the on-site observations by Full-Time Project Reprc.cntatives of the Work in progress, the Architect shall endeavor to provide further protection for the Owner against defects in [he Work, but the furnish- ing of such project representation shall not make the Architect responsible for construction means, methods, techniques, sequences or procedures, or for safety pre- cautions and programs, or for the Contractor's failure to perform the Work in accordance with the Contract Docu- ments. 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 d~c~.^n ~~~^.~~ ~~, relative to future facil- iN-, .. an:.. _..;-i,~~nt which are not intended to be o ~ ~,ructed as part of the Project. 7.3.5 Providing services [o investigate existing condi- tions or facilities or to make measured drawings thereof, or to verify the aca:racy of drawings or other information furnished by the Owner. 1.3.6 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, eyuipruent and labor. 1.3.8 Providing interior design and other services re- quired for or in connection with the selection of furniture and furnishings. 1.3.9 Nroviding services for planning tenant or rental spaces. 7.3.10 Making major revisions in Drawings, Specifica- tions or other documents when such revisions are incon- sistent with written approvals or instructions previowly given and are due to causes beyond the control of the Architect. 1.3.11 Making im~estigations involving detailed ap- pwi>als and valuations of existing facilities, and surveys or inventories required in connection with construction performed by the Owner. 1.3.12 Providing consultation concerning replacement of any Work dammed by fire or other cause during con- struction, and iurnlshmg professional services of the type set forth in Paragraph 1.1 as may be required in con• nection with the replacement of such Work. 7.3.13 Providing professional services made necessary by the default of the Contractor or by major defects in the Wnrk of the Contractor in the performance of the Construction Contract. 1.3.14 Preparing a set of reproducible record prints of drawings chr:svin^ sii;nilirant changes in the Work made during the construction process, based on rnarked-up Atn nocu.x+cur oast r~w.rr-n:ctuitcT ncr,cv,~ur ntT Pws cxi'EUSPS~ • Aveu isno Eoi1i~N • ninw~; 4 ~ 19.0 THE A.UCRICAN IGS(ITU1P OF ARCHI7lC 15, ~JSS NLw YOftK AVE, NAV., WASHINGTON, D C 2000G 3 r3,, m n '~ F ~ O ~m ) ~ O ~' 6-SSO ry . prints, drawings and other data furnished by the Con- tractor [o the Architect. 1.3.15 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, ad{usting and balancing, preparation of operating and maintenance manuals, training personnel for opera- tion and maintenance, and consultation during operation. 1.3.16 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. 7.3.17 Providing services after issuance to the Owner of the final Certifkate for Payment. 1.3.18 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration pro- ceed~ng or legal proceeding. 1.3.19 Providing services of professional consultants for other than the normal structural, mechanical and elec- trical engineering services for the Project. 1.3.20 Providing any other services no[ otherwise in- cluded in this Agreement or not customarily furnished in accordance with generally accepted architectural prac- tice. 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, arep- resentatire r~ r,horized to act in his behalf with respect to the Proje~_t. the Owner or his representative shall exam- ine documents submitted by the Architect and 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, restrictions, easements, encroachment, zoning, deed re- strictions, boundaries and contours of the site; locatiogs, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full infor- mation 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 engineer 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 deter- mining subsoil, air and water conditions, with appropri- ate professional interpretations thereof. 2.5 The Owner shall furnish structural, mechanical, chemical and other laboratory Tests, ie•;prction~. and re- ports as required by law or the Contract Documents. 2.6 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 espedniously as necessary for the orderly progress of the Work. ARTICLE 3 CONSTRUCTION COST 3.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all Work designed or specified by the Architect, and shall be determined as follows, with precedence in the order listed: 3.1.1 For completed construction, the total cost of all such Work; 3.1.2 For Work not constructed, (1) the lowest bona fide bid received from a qualified bidder for any or all r,( :uch Work, or (2) if the Work is not bid, the bona fide n~UO, ..,: ~d proposal submitted for any or all of such N'ork; 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 Cos[. 3.2 Construction Cost does not include the compensa- tion of the Architect and consultants, the cos[ 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 dte 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 at current market prices, except that used materials and equipment shall be included as if purchased nesa~ for the Project. 3.4 Statements of Probable Construction Cost and De- tailed Cost Estimates prepared by the Architect repre- sent his best judgment as a design professional familiar with the construction industry. II is recognized, however, that neither the Architect nor the Owner has any control over the cost of labor, materials or equipment, over the contractors' methods of determining bid prices, or over cornpcu five bidding ur market conditions. Accordingly, the Architect cannot and does not guarantee that bida AIA DOCUMENT B311 OWNCK-AFCIIITr CT AGKCGILNT UCC PLUS Ex PCN56) APKIt "1970 EDITION AIAn ©t9;0 THE AhiLKIC,\N INSTITUTE OF ARCIII7 Lr-i S, 1731 Nt1V YOKK AVE., N.W., WASHINGTON, U. G 2000G will not vary from any Statement of Probable Construc- tion Cost or other cost estimate prepared by him. 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 established, the Architect shall be permitted to determine what materials, equipment, component sys- tems and types of construction are to be included in the Contract Documents, and to make reasonable ad- justments in the scope of the Project to bring it within the fixed limit. The Architect may also include in the Contract Documents alternate bids to adjust the Con- struction Cost to the fixed limit. 3.5.1 If the lowest bona fire b'd or ne~~r~tiated pro- posah the Detailed Cost Estimate or thre Statement of Probable Construction Cost exceeds such fixed limit of Construction Cost finduding the bidding contingency) established as a condition of this Agreement, the Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding the Project within a reason- able time, or f3) cooperate in re.yni~~r~ ti:r I'nr,oct scc.~re 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 Specifica- tions as necessary to bring the Construction Cost within the fixed limit. The providing of such service shall be the limit of the Architect's responsibility in this regard, and having done so, the Architect shall h: r~ntitled to com- pensation in accordance with this A~. -cm nt. ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense of employees engaged on the Project by the Architect includes architects, engi- neers, designers, job captains, draftsmen, specification writers and typists, in consultation, research and design, in producing Drawings, Specifications and other docu- ments pertaining to the Project, and in services during construction at the site. 4.2. Direct Personnel Expense includes cost 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 REIMRURSA6LE EXPENSES 5.1 Reimbursable Expenses arc in addition to the Com- pensation for basic and Additional Services and include actual expenditures made by the Arci~itect, his employ- ees, or his professional consultants in the interest of the Project for the expenses lisped in the following Subpar- agraphs: S.l.l Expense of transportation and living when travel- ing in connection with the Project; long distance calls and telegrams, and fees paid for securing approval of authorities having jurisdiction over the I'«~ject. 5.1.2 Expense of reproductions, postage and handling of Drawings and Specifications excluding duplicate sets a[ the completion of each Phase for the Owner's review and approval. 5.1.3 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 6.1 Payments on account of the Architect's Professional Fee shall be made as folio\vs: 6.1.1 An initial payment as set forth in Paragraph IIc (Page 'i is the minimum payment under this Agreement. G.i? tiubsequent payments of the Professional Fee sh.:ii I • made m~mthly in proportion to services per- formed so that the total payment ran account of the Professional Fee at the completion of each Phase of the Architect's Services shall equal the following percentages: Schematic Design Phase ............... 15% Design Development Phase ............ 35% Construction Documents Phase ......... 75% Bidding or Negotiation Phase .......... 80% Construction Phase ...................100% 6.2 Payments (or Principals' time, employees' time and services of professional consultants as provided in Para- graph IIb (Page 21 and for Reimbursable Expenses as de- fined in Article 5 shall be made monthly upon presenta- tion of the Architect's statement of sen-ices rendered. G.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 opmpensation for services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reim- bursable Expenses then due and all terminal expenses resulting from such suspension or abandonment. If the Project is resumed after being suspended for more than three months, the Architect's Compensation shall be sub- ject 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 Dirrct Personnel, Consultant and Reimbursable Expenses pertaining to the Project shall AIA DOCUAILNT 6171 UAA'NCg. ARCHITECT AGRECxtC`:T 4C6 FU K ExI tNQ$) APFIL 1970 CD ITION AIA~ C I'J70 7HE Ahtt nl C.\.v' INSTItU TE OI' ARCIiII ECTS, l:Ji tiRt~ 1tlRh M'L, N.14'., WASHINGTON, D C. 2000G be kept on a generally recognized accounting basis and shall be available to the Owner or his authorized rep- resentative at mutually convenient times. ARTICLE 8 TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termina- tion due to the fault of others than the Architect, the Architect shall be paid his compensation for services performed to termination date, including Reimbursable Expenses then due and all terminal expenses. ARTICLE 9 OWNERSHIP OE 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 no[ to be used by the Owner on other projects or extensions to this Project except by agree- ment in writing 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 Agree- ment. 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 11.1 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 accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the pre- vailing arbitration law. 11.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The de- mand shall be made evithin a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable pro- ceedings based on such claim, dispute 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 accord- ance with applicable law in any court having jurisdiction thereof. ARTICLE 12 EXTENT OF AGREEMENT This Agreement represents the entire and integrated agree- ment between the Owner and the Architect and super- sedes all prior negotiations, representations or agree- ments, 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 specified, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. AIA DOCUMENT 8331 OWNCR-AKCHRECT AGRCFMCNT II EC PLUS Ex PENSFS) At~RIL 1970 EDITION AIA~J ©1970 THE AMEKICAN INSTITUTC Oh ARCHIl CCTS, 7775 NLW YORK AVE., N.W., ANASHI[J GTON, U. G 20006 This Agreement executed the day and year first written above. OWNER ARCHITECT KERR COUNTY Lester B. Whitton PE and A. B. Swank FAIA SY ~ ~'~~// J, ~ ~ Julius R. Neunhof£er, County Judge Lester B. Whitton PE ATTEST County Clerk, Kerr County, Texas A. B. Swank FAIA CITY OF KERRVILLE, TEXAS BY Mark C. Maxwell, Mayor ATTEST: BY City Clerk, City of Kerrville, Texas AIA DOCUMENT 6371 Ol1'~\'C R-r\RCHITI CT ~GRCFh1E:VT (CCC PLUS EXI'E N SE S) AI'R1L 1970 EDITION i11A7 © 1170 TI{E AhiERICnN INSTII UTE OF AhCiIITLCTS, 1731 NCW YURR AVL, N.\V., WASHINUIUN, D. C. 20006 $ Addendum Rider forming an integral part of the Agreement dated 14 February 1973 between KERR COUNTY and the CITY OF KERRVILLE, the Owner, and LESTER B. WHITTON PE and A. B. SWANK FAIA, the Architect, relating the intention of the Owner to study the possible replacement of the present County and City jails. The matters set out in this addendum rider are hereby made a part of and incorporated in the Agreement for all pertinent purposes. 1. Access to Contractor Re cords.CJC, the Department of Justice, and the Comptroller General of the United States, or any of their duly author- ized representatives, shall have access--for the purpose of making audit, examination, excerpts, and transcriptions--to any books, documents, papers, and records of the contractors that are directly pertinent to a specific grant program. 2. Collusion or Conflict of Interest. All procurements shall be conducted so as to avoid collusion or actual conflicts of interests as well as any possibility of appearance of collusion or conflicts of interests. 3. Assurance of Comoliance with Civil Rights Act of 1964. The applicant hereby agrees that it will comply and will insure compliance by its contractors with Title VI of the Civil Rights Act of 1964 (Public Law 83-352) and all requirements imposed by or pursuant to Regulations of the Department of Justice (28 CFR Part 42) issued pursuant to that title, to the end that no person shall on the grounds of race, color, or national origin.be ex- cluded from participation in, be denied the benefits of, ox be otherwise subjected to discrimination under any program or activity for which the Applicant receives federal. financial assistance from the Department. The Grantee further will comply with and insure compliance by its contractors with Justice Department equal employment regulation in federally assisted programs to the end that employment discrimination in such programs on the grounds of race, color, creed, or national origin shall be eliminated. The grantee recognizes the right of the United States to seek judicial enforce- ment in its contracts. EXECUTED in Duplicate this 14th day of May, 1973. , OWNER ARCHITRCT KERR COUNTY Lester B. Whitton PE and A. B. Swank FAIA iiY Julius R, Neunhoffer, County Judge ATTEST County Clerk, Kerr County, Texas Lester B. Whitton PE A. B. Swank FAIA CITY OF KERRVILLE, TEXAS Marl; C. Maxwell, Mayor A'i'TTST: BY _ City Clerk, City of Kerrville, 'Co~:as June 11, 1973 h;OP.TFTC,iTT~'1 :IO. 1 to the Standard Fcrm of AC;reement between ierr ~o.;nt~~, .~~xas r~r.d the City of ::errville, Texas, the Owner, and Lester i3, '.vhitton and A, b. Swan'it, the Architect, dated Mda l4 1973. 1. Ccc,;rirhtc_: ':;acre activities supported by this grant produce draw; ,,, -.~.., ~1: , _il:.s, or ot}:er coayrlC,htable material, the grange ~r,~y .~,:~.'. -Y; ,, ,, ..;::, Y, t; ;, C.J. r~~:.._rv~, a royalty-free non-exclusive and irrevocable license to produce, publish, and use such materials, and to authorize others to do so. 2. Default: a. Kerr County Commissioners Court and file City of Kerrville, Texas, may, sub,]ect to the provision of parat*raph c. of this clause, by written notice of default to the Architect, terminate the rchole or any part of this contract in arty one of the following, circumstances: 1) If the Architect fails to perform the work called for ty this contract r~'ithin the tir~ie specific, trerein or any extension thereof; or 2) If the Architect fails to perform any of the other provisions of this contract, or so fails to prosecute the work as to endanger performance of this contract in accordance with Sts terms, and in eltaer of these two circumstances does not cure such failure •.vlthln a period of ten days (or such extension as authorized by ti,e Cor-.;nissioners Court Sn writing) after receivin_r, notice of default. b. Upon suct: termination of ,the contract by Kerr County Commissioners Court and the City of Kerrville, Texas, the Court and City may procure, upon such ter,::s as a.,~propriate, work similar to time vrork :'.n tarn±nz"; :d and t~:e~ Architect ,,. all b^ lia'ole to the Corr.missioners Court and the City of Perrville for any excess costs !'or such sim_lar work - Provided tt:e the Architect shall continue the perfos'rrancc of this contract to the extent not ter- minated under th1> clau:._:. ~. T':c i•rrhlt~t .;iru.ll not be li::'ole !'or any excess costs if ttl [, f,._lll !'. t0 'J"T' •O: "7 he Cont..: C1; ~?r iSC ti OUt Of Cau.iCS bC- yor:d tho _o::t.•c_ ..:d v;_,:~~nl,, t`;~ fr.~.13.t oT nc -l i. :nce of trio Archi- tect. If the .:_iL.:re tc~ p:,rrorm is c:rl:ie;-9 by the default of a Consultant, en:+. a:'Ssinr out of caures t,cyon:i control of Loth i'a,~e 1 or 3 the Architect and Consultant, and without the fault or negligence of either of t::en, the Architect shall not be liable for any excess costs for failure to perform, 3. Officials apt to B~neflt; ;Jo cfficer, member or employee of the C.J,C, and no member of 'ts Eover•n'_nr Cody, ~r•d no other public officials of the govern- inf; 003;/ 0f the locality or ?ocalitics in ?rhich the pro,Ject is sl.tuat~d 0r t,ein~ carried out u.ilo er.ercise an:~ functions or re:_JJ~-_.`ti.`_ti._.. ~`? `;.._ _•~'r'i! Or '~t"OVal Of the Undertakin,^ cr carry i^ out 0f thi; nro,ject, shall ~artici};ate in any deci- sion relatinr to this contract •:rhic}i affects his personal inter- est or i.ave any pc:•sonai or l,ccuniury interest, direct or indirect, in this contract or the proceeds thereof, No members of or Delegate to the Congress of the United States of America, no Resident Commissioner, cr employee of the LEAA or Department of Justice, s}:all be admitted to any share or part thereof or to any bcr.efit to arise here from, 4, COneland Act Co!r:-7lLnce: a, The Architect shall not induce., by any ;Weans, any person employed in the conctruction, co,:.el.eti.cn or repair of the work under this contract, to rive up any part of the compensation to which he is entitled, b, No T•~mber of or Delegate to Congress, or State Official, or Resident Commissioner, shall. be allowed to any share or part of this contract, or to any benefit that may arise therefrom, c, The Architect agrees to insert this clause Into all specifications concerning the perfcrmance of the work assigned uy this contract. 5. ~:3norit~ and frl.all Business: In all consuitati.ons, the Architect will be encouraged to utilize small buss:;ess~s, and :r:inority suppliers and se?'vices and to purcuse n:at,erir:.l:> ~uu: suppliCS o?' i;nited State: ori;rin for use in the completion of this contrast, 6. Fgtl^1. F.r:nlo•i;^.r.,ni C?~n0rtun'ty: a. Purlne t'rlc nerPorr;•:nce o!' this contract, the Architect agrees .~., !'cll0::s: 1) `Phe Areiiltect uil]. riot dlscri.^lin;etc aCalnst any er~pl~^ec or app'_tc _nt Pur e:cp]o^°: nt n~•caar:e of race, color, e.fa ~'~: G:;, :; C::, :1 t!t..~. ~1 .'. r.i r..l. `:'l lf' ..:'r.l,;i 1J'l;t 'r: 1.]1 t:;.fC afflrraative actlnli !.o ~nouri Y.hat a1n;~lic:rt:; ::re' er•;ployca, and t.:."~C e '?]i~yF ._, ,.:'[; ,.. .;L~ i ... ... _.il' [~. .. ,. ,. ~: ithCat 1'U. ..'d t0 their rr.ce, color, ralir;'_on, e.ex cr ll:it].(J}1 i on?din, :;uch action Ya;;c ~' of 3 .. . shall include, but not be limited to the followln,: Employment, upgradln~,, demotion or transfer, recruitment or recruitment ad- vcrtisin.,, layoff or tcrminsticn, rates of pay or other forms of compensation, and selection for trainin;, including aoprent- Scesiiip. The Architect agrees to post in conspicuous places, avaiiacle to e:~.ployees and applicants for e„~ployment, notices to be provided, settinf forth the provisions of this nondiscrim- ination cl all 3::. 2) The Architect will, lsemeRtS fOI' e..:p i0~"E: i:~ U13Ci'i~ t. ;f atate that 311 auali_"_~d -~pp'_ica f~r l': :~)l. o~j ~."~~~nt r'tit;l~~'~..t re;~.~..r~ t~ national origin. in o: ZV~ ra all solicitations or advert- on t.eiir,lf of the Architect, will receive consideration ~e, color, religion, sex or 3) The Architect will comply with all Provisions for Executive Order 1124E> of September 24, 1955, and of the rules, reF;ulations, and relevant orders of the Secretary of Labor. 4) the Architect will furnish all information and reports required by L'xecutive Order 1126, and by rules, regul- ations, and orders of the Secretary of Labor or pursuant thereto and will nerrat access to his books, records and accounts by the administering a^ency and the Secretary of Labor for purpose of investigation to ascertain compliance with such rules, regul- ations, and ordci•a. This A",odification executed the day and year first written above. 0`r1NER ARCHITECT KERR COU;JTY, T XAS LESTER B. 1•,?fITTOtJ & A. B. SWA'JK County Judl;c CITY Or ?;~RRVILL~ , TEXAS -•. -----,9---- ,,. ~,. ..~1L3 n:lrny '~•~~~~r o?' ...rrville, :'exas i Lc pier ~s: '~iii~ton Page 3 of 3 T)~',XAS CRIMINAL JUSTICE CG~_dCIL =I~~y~~' !GRANT ADJUSTMENT NOTICE Grantee Grant No. Kerr County 2-L2-1605 Title of Project Adjustment No. Planning Improvements for Kerr County/City Jail # 3 Nature of Adjustment Date Per. Ext. /Per. Personnel Adj. June 25, 1973 To Grantee: Pursuant to Your letter dated June 21, 1973 the following change, amendment, or adjustment in the above grant project is approved, subject to such conditions or limitations as may he set forth below. By By Mr. Francis Kirkland is approved as Program Consultant and your grant is extended throughSeptember 30, 1973. The foregoing adjustrnent(s) has/have altered your approved project budget. The following is now your approved project hudget: I3. Prof. ' ~F. Supplies A. Pers. I4ave1 C. U. Equip. E. Const. Total Scr v. & Other CJC _ __ Support _ Grantee Contribution: In-Kind Cash Total Project Budget Form CJC-2A (2/1/71) `~'' ~` f~iAY "1 1973 THE AMERICAN INSTITUTE OF ARCHITECTS •~'~ \\~- t~r -; AIA Document 8339 Sta~i~~re~ ~®ra~ ®f ~~c•~~m~nt ~~tvve~n ~~I~~r ana ~6-c~i~~ct on a basis of a PROFESSIONAL fEE PLUS EXPENSES THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED Vb'ITH RESPECT TO ITS COMPLETION OR MODIFICA710N AGREEMENT made this fourtkeenth (14th) day of tray in the year of Nineteen Hundred and .seventy Three BETWEEN Kerr County, Texas and the City of Kerrville, Texas the Owner, and Lester B. Whitton PE and A. $. Sank FAIR, an Association, the Architect. It is the Intention of the Owner to have prepared a study, including planning through the Schematic Design Phase, for a new facility to replace the present Kerr County and City of Kerrville jails hereinafter referred to as the Project. The Owner and the Architect agree as set forth below. ° AIA DOCUMENT 0731. (16Vf:1 F-4RCHITECT AGREr,41rVT IFEE PLUS f%PENSESI APRIL 1970 COITION AIAOO ~ G 1970 711E AMER I(;AN INSTI7 UTC OF AP.QiITf Cl S, 1755 NEW_}'pgF AVE., N.W., WASH INGiON, D C. 2000G .4 I. THE ARCHITECT shall provide professional services for the Project in accordance with the Terms and Conditions of this Agreement. II. THE 04VNER shall compensate the Architect, in accordance with the Terms and Conditions of this Agreement, as follows_ ~ a. FOR THE ARCHITECT'S BASK SERVICES, as described In Paragraph 1.1, a Professional Fee of Fifteen Thousand and 00/100--------------------------------- dollars ($ 15,000.00). If the scope of the Project is changed materially, or if Additional Services as described in Paragraph 1.3 are required, the Professional fee shall be adjusted by mutual consent. b. fOR THE ARCHITECT'S 6ASIC A,ND ADDITIONAL SERVICES, as described in Paragraphs 1.1 and 1.3, a sum computed as follows: PrinCipal> time at the P:xed rate of dollars ($ N/A )per hour. For the purposes of this Agreement, the Principals are: Employees' time computed at a multiple of ( N/A )times the employees' Direct Personnel Expense as defined in Article 4. * Services of professional consultants at a multiple of ( * )times the amount billed to the Architect for such services. The rates and multiples set forth in this Paragraph ?Ib will be subject to renegotiation if the serv- ices covered by this Agreement have not been completed within ( )months of the date hereof. c. AN INITIAL PAYMENT of dollars ($ ) shall be made upon the execution of this Agreement and credited to the Owner's account. d. FOR THE ARCHITECT'S REIMBURSABLE EXPENSES, amounts expended as defined in Article S. e, THE T1ME5 AND FURTHER CONDITIONS OF PAYMENT shall be as described in Artidg 6. f. Tfiis Agreement covers the necessary studies and the Schematic Design Phase of the IIasic Services only. g. This Agreement is subject to and in accordance with the terms of an Application dated 9 February 1973 submitted to the Texas Criminal Just- ice Council 6y the County of Kerr and the City of Kerrville, which Application is herein incorporated by reference. h. This Agreement is subject in all things to a rider of even date hereto attached and herein incorporated by reference for all pertinent purposes. * Consultants to be retained, subject to prior approval by the Owner, and paid 6y the Architect. AIA DOCUMENT 6977 OWNER-ARQIITCCT AGRFf ~bICNT ltEE PWS ESPFNSES) APRIL 790 EDITION AIA~ O 7970 111[ A,\1CKICAN INS71tUTt Uf' ARCHIIC[.I S, 1795 NtW YURK AVE., N.W„ WASHINGIUN, D. C. 20006 Z TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 7 ARCHITECT'S SERVICES 1.1 BASIC SERVICES The Architect's Basic Services consist of the five phases descnbed below and include normal s[ruo focal, 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 .rnd other dncuments illustrating the scale and relationship of Project com- ponents for approval by the Owner. 1.1.3 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 draw- ings and other documents to fix and describe the size and character of the enure Project as to structural, me- chanical and electrical systems, materials and such other essentials as may be appropriate. 1.1.5 The Architect shall submit to the Owner a further Statement of Probable Construction Cost. CONSTRUCTION DOCUMENTS P}1ASE 1.1.6 The Architect shall prepare from the approved Design Development Documents, for approval by the Owner, Working Drawings and Specifications setting forth in detail the requirements for the construction of the entire Project including the necessary bidding infor- mation, and shall assist in the preparation of bidding forms, the Conditions of the Contract, and the form of Agreement behveen the Owner and the Contractor 1.1.7 The Architect shall advise the Owner of any ad- justments to previous Statements or Probable Constric- tion Cost indicated by changes in requirements or general market conditions. 1.1.8 The Architect shall assist the Owner in filing [he required documents for the approval of governmental authoriucs having jurisdiction occr the Project. BIDDING OR NEGOTIATION PIIASE 1.1.9 The Architect, following the Owner's approval of the Construction Documents and of the latest Statement of Prohablc Conslni ctiun Cost shall a~alcf the Owner in obtaining bids or negotiated proposals, and in awarding and preparing eonstruchon conlr,~cts. CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.1.10 The Construction Phase will commence with the award of [he Construction Contract and will terminate when the final Certificate for Payment is issued to the Owner 7.1.11 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, General Conditions of the Contract for Construction, and the extent of his duties and responsibilities and the limi- tations of his authority as assigned thereunder shall not be modified v,ithout his written consent. 1.1.12 The Architect, as the representative of the Owner during the Construction Phase, shall advise and consult with the O~~ner and all of the Owner's instructions to the Contractor shall be is>ued 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 writing. 1.1.13 The Architect shall at all times have access to the \NOrk 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 \'v'ork and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of his on-site observations ac an architect, he shall endeavor to guard the Osti~ner against defects and deficiencies in the Work of the Con- tractor. The Architect shall not be regwred to make ex- haustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall not be responsible for construction means, methods, tech- niques, sequences or procedures, or for safety precautions and programs in connection with the Wo}k, and he shall not be responsible for the Contractor's failure to carry out the \1~ork 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 Certi(icale5 for Payment in such amounts. The issuance of a Certiiirate for Payment shall constitute a representation by the Architect to the Owner, based on the Architect's observations at the site as provided in Subparagraph 1.1.9 M1 and 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 bVork is in accordance with the Contract Documents (aubject to an evaluation of lhr~ A~'nrk for confoi manse with the Con- tract Documents ul~nn Substantial Completion, to the re- sults of any gubaequont tests regwred by the Contract Duc- umentc, to m'mor dewiatrons from the Contract DocumenK co rrec Lrhle prior to <<~mplrGon, and In anv sped (i< qual- in~alions slated in the Certitica to for PaymenU; and that the Contractor is entitled to payment in [he amount AtA DocuMENT eaTt ovvrae-nFCruTrci nr~rcwtr~~r in:E rugs rxrtrdsrsi . Area faro mn~inv . niA~ ©1970 Tlit .V.ffKIG\N IN~H1 UfC OF ARGIIII CCI`~, 'Ir Si NLAV YuItK ,AVC, N.bV., WASH INC,Ir~t:, D C ?0110[ certified. By issuing a Certificate for Payment, the Archi- tect shall not 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. 1.1.16 The Architect shall he, in the first instance, the interpreter of the regwrements of the Contract Docu- ments and the impartial judge of the performance therc- undcr b)' both the Owner anti C(~ntnltOr. The Architect shall make decisions on all claims of [he Owner or Con- tractor relating to the execution and progress of the \Vork and on all other matters or qu~•a inns rcla(ed thereto. The Architect's deasions in matters relntin^, to artistic effect shall be final if consistent +rith the intent of the Contract Documents. 1,1,17 The Architect shall have authority to reject 1Nork which does not conform to the Cunuact Documents. \\hcne+cr, in his m~son.rb4; u;~hti~~n, he cr,rr. ~.da r, it necessary or advisa`~d^ to ic;c~:~ ' ~ -~~^er implementa- tion of the intent of the (r.a ~ U~cuments, he will have authooty to require sp~~aa! in=potion or testin^, of any \A'ork in accwdan~ c ++ilh tir~ pr.", ~ ~ ~'~ ~ ~~,_ tract Documents whether or not such \Vork be then fabri- cated, installed or completed. 1,1,1$ The Architect shall review and approve shop drawings, samples, and other submissions of the Con- tractor only for conformance +vith 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 Arcftiteci shalt conduct inspections to de- termine the Dates of Substantial Completion and final completion, shall receive and review wntten guarantees and related documents assembled by the Contractor, and shall issue a final Certificate for Payment. 1.1.21 The Architect shall not be responsible for the acts or omissions of the Contractor, or any Subcon- tractors, or any of the Contractor's or Subcontractors' agents or employees, or any other persons performing any of the \Vork. 1.2 PROTECT RCPRESENTATION BEYOND BASIC SERVICES 1,2,1 If more extensive representation at the site than is described unc!cr Subparagraphs 7.1.10 through 7.1 .?1 inclusive is required, and if the O~.vner and Architect agree, the rArchrtect shall provide one or more Full-Time Project Reprexntdtives [o assist the Architect. 1?.2 Such Full-Time Project Representatives shall be se- lected, employed and dimeted by the Architect, and thr. Architect shall be compencntatives or the 4Yud_ in progress, the Architect shall endeavor to provide further protection for the Owner against defects in the Work, but [he furnish- ing of such project representation shall not make the Architect responsible for construction means, methods, techniques, sequences or procedures, or for safety prc- cautiuns and programs, or for the Contractor's failure to perform the Work in accordance with the Contract Docu- ments. 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 comparatn~e studies of prospective sites. 1.3.4 Providing r! ~~'- n ~ relative to future facil- .... ,,. ;,;~; ,_ ~.~.,~-r,t which are not intended to be r. s,,;nlcted as part of the Project. 1.3.5 Providing services to investigate existing condi- tions or facilities or to make measured drawings thereof, or to verify the acarracy of drawings or other information furnished by the Otvner. 1.3.6 Preparing documents for alternate bids or out-of- sequence services requested by the Owner. 1.3.7 Providing Detailed Estimates of Construction Cost pr detailed quantity surveys or inventories of material, equipment and labor. 1.3.II Providing interior design and other services re- quired for or in connection with 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 docummnts +vhen such revisions are incon- sistent with wntten approvals or instructions previously given and are due to causes beyond the control of the Architect. 1.3.11 Making investigations im~olving detailed ap- praisals and valuations of existing facilities, and surveys or im'entories required in connection with construction performed by the Owner. 1.3.12 Providing consultation concerning replacement of any Work damaged by fire or other cause durinG con- struuir~n, and iurnislung professional services of the q-pe set forth in Paragraph 1.1 as may be required in ton- nectiun +vith the replacement of such Work. 1.3.13 Providing professional services made necessary by the default of the Contractor or by major defects in the AVnrk of the Contractor in the performance of the Construction Contract. 1.3.14 Preparing n set of reprodue:ible record prints of d rawinfs shnwin,~, cir,niilcant changes in the \'Vork made during the attistrucuon process, based on marked-up AIA DOCU+t UT BS3T UI+NLR-AnC1111 ECT AGRLGU L~''r pE[ I'WS CXPLNSCS7 APRIL '1970 COITION .Vn'.~~i 4 v t9;0 . TIIC A.A1l RICAN 1;:5 TIIUl[ OF AhCH rft( Iti, ~,'.IS NlAV YORK Ab'E., N.AV., WASIiINGTON, D. G 200nG 3 r° n FCO rn ~ ~ i5'SQ ~ ~ , -. prints, drawings and other data furnished by the Con- tractor to the Architect. 1.3.75 Prtwiding extensive assistance in the utilization of any equipment or system such as initial start-up or testing, sill ushng and balancing, preparation of operating and maintenance manuals, training personnel for opera- tion and maintenance, and consultation during operation. 1.3.16 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 or the Architect. 1.3.17 Providing services alter issuance to the Owner of the (last Certificate for Payment. 1.3.18 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration pro- ceeding or legal proceeding. 1.3.19 Providing services of professional consultants for other than the normal structural, mechanical and eleo- trical engineering ;cruises for the Project. 1.3.20 Providing any other services not otherwise in- cluded in this Agreement or not customarily turnished in accordance with generally accepted architectural prac- tice. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.6 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 shall be the total cos[ or estimated cost to the Owner of all Work designed or specified by the Architect, and shall be determined as follows, with precedence in the order listed: 3.1.1 For completed construction, the total cost of all such Work; 2.1 The Owner shall provide frill information regarding his requirement for the Project. 2.2 The Ov: ner shall designate, when necessary, a r:~p- resentati~~r af;orized to act in his behalf with respect to the Projr~_t. the Owner or his representative shall exam- ine documents submitted by the Architect and 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, restrictions, easements, encroachments, zoning, deed re- strictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and Irecc; and full infor- mation concerning available service and utility lines both public and privafi, above and below grade, including inverts and depths. 2,4 The Owner shall furnish the services of a soils engineer 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 deter- mining subsoil, air and water condition,, with appropri- ate professional interpretations thereof. 2.5 The Owner shall furnish structural, mechanical, chemical and other laburatury tests, insix•ctinns and re- ports as required by law or the Contract Documents. 3.1.2 For Work not constructed, (1) the lowest bona fide bid received from a qualified bidder for any or all cf such Work, or (21 if the Work is not bid, the bona fide nc,;e: r~.,t__I {sroposal 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 fhe compensa- tion of the r\rchitect and consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the Osvner 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 a[ current market rates including a reasonable allowance for overhead and profit Materials and equipment furnished by the Owner shall be included at current market paces, except that used materials and equipment shall be included as if purchased new for the Project. 3.4 Statements of Probable Construction Cost and De- tailed Cost Estimates prepared by the Architect repre- sent his best judgment as a design professional familiar with the construction industry. II is recognized, however, that neither the Architect nor the Owner has any control over the cost of labor, materials or equipment, over the contractors' methods of determining bid prices, or over u~ngxhtive bidding or market conditions. Accordingly, the Architect cannot and does not guarantee that bids AIA DOCUMENT 8371 OAYKER-A F.O ^TECT AGRCLxil V1 (f CC PI US Ex PCN567 APRIL 1070 EDITION AIAn © 7970 111E Ah1ERICAN INSIIIUTE OF ARCIIIIU-rS, li3i NLAV YORK AVE., N.AN., AVASHINI,TOt., D. G 20006 Y will not vary from any Statement of Probable Construc- tion Cost or other cost estimate prepared by him. 3.5 When a fixed Ilmlt of Construction Cost is estab- lished as a condition of th,s Agreement it shall include a bidding contingency of ten percent unless another amount is agreed upon in writing, When such a fixed limit is established, the Architect shall be permitted to determine what mate riak, equipment, component sys- tems and types of construction are to be included in the Contract Documents, and to male reasonable ad- justment in the scope of the Project to bring it within the fixed limit The Architect may also include in the Contract Documents alternate bids to ad}ust [he Con- struction Cost to the fixed limit. 3.5.1 If the lowest bona fi<'.e bid or nc,~ntiated pro- posal, the Detailed Cos[ Estimate or the Statement of Probable Construction Cost exceeds such fixed limit of Construction Cost ;includin^, the bicldr~~~ cuntingcncyl established as a condition of this Agreement, the Owner shall (1) give written approval of an increase in such fixed limit, l2) authorize reblddim the Pro'!cct ~:nihin a ieasnn- able lime, or f31 coopers le in reo-i;in,_•, ti.~• I'n roc[ sw; c and quality as required to seduce the Probab4e Construo- flea Cost. In the case of (3) the Architect, without addi- tional charge, shall modify the Drawings and Ss~eciiica- tions as necessary to bring the Construction Cost within the fixed limit The providing of such service shall be the limit of the Architect's responsibility in this regard, and having done so, the Architect shall 1-~-~ ^::!itled to com- pensation in accordance slith this :;,, ~~ ~ r. t. ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense of employees engaged on the Project by the Architect includes architects, engi- neers, designers, job captains, draftsmen, specification writers and typists, in consultation, research and design, in producing Drawings, Specilications and other doai- ments pertaining to the Project, and in services during construction at the site. 4.2. Direct Personnel Expense includes cost of salaries and of mandatory and customary henriits such as statu- tory employee benefits, inavancq sick leave, holidays and vacations, pensions and similar baiefits. ARTICLE S REiMIiURSACLE EXPENSES 5.l Reimbursable Expenses arc in addition to the Com- pensation fur Cask and Additluna! Se nil es and include actual expenditures mane by the Architect his employ- ees, or his profesh,nal consultant, m the interest of the Project for the e:qa. axes listed in the (ollosvmg Subpar- agraphs: 5.1.1 Expense of transportation and livmr; when travel- ing in connection with the PrujerL luny, distance calls and telegrams; and fees paid for scan ina apples al of authorities having jurisdldum over thr I'n yuck. 5.1.2 Expense of reproductions, postage and handling of Drawings and Specilications excluding duplicate sets at the completion of each Phase for the Owner's review and approval. 5.1.3 1f authorized in advance by the Owner, expense of overtime work requiring higher than regular rates and expense of rcndenngs or models for the Owner`s use. 5.1.4 Expense of computer time when used in connec- tion with Addiuunal Services. ARTICLE 6 PAYMENTS TO THE ARCHITECT 6.1 Payments on account of the Architect's Professional Fee shall be made as follows: 6.1.1 An initial payment as set forth in Paragraph IIc (Pagr ^t i; the minimum payment under this Agreement. L.1.~_~uusequent payments of the Professional Fee ~ha!I ! - made n;nnth!} in proportion to services per- formed so that the total paymE:ni; cu account of the Professional Fee at the completion of each Phase of the Architect's Sen•7ces shall equal the following percentages: Schematic Design Phase ............... 15% Design Development Phase ... , .... , ... 35% Construction Document; Phase ......... 74% Bidding or Negotiation Phase .......... 80% Construction Phase ...................100% 6.2 Payments fur Principals' time, employees' time and services of professional consultants as provided in Para- graph IIb (Page 2) and for Reimbursable Expenses as de- fined in Article S shall be made monthly upon presenta- tion of the Architect's statement of services rendered. G.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 Protect is suspended for more than three months or abandoned in whole or in part, the Architect shall be paid his rompensation for services performed prior to receipt of written notice from the Ovrner of such suspension or abandonment, together with Reim- bursable Expenses then due and all terminal expenses resulting from such su;pension or abandonment. If the Project is resumed after being suspended for more than three months, the Architect's Compensation shall be sub- ject to renegotiation. 6,5 Payments due the Architect under this Agreement shall bear Interest at the legal rate commencing sixty days alter the date of billing. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS Rerords of the ,1 r~hilect's Direct Personnel, Consultant and Reinilwrsable. Expanses pertaining to the Project shall AIA IrUQ)n1L4T Cltt (\A'J CR-ARCHI'IICr A( nFG;I `. I' 4CC Pll'S tYPr SCSI ,4PRIl 1970 CD 11104 AIAn 6 ~~ 1J70 UIL :A`.It iJr ~1N I,V ~11NR OI ,ARCIi ~I FLT<, T.'li V6A' Y'r iNK AVE., N.W., 6VASHINGTU N, D G 20006 be kept on a generally recognized accounting basis and shall be available to the Owner or his authorized rep- resenW[ive at mutually convenient times. ARTICLE 8 TERMINATION OF ACREEMENT This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termina- tion due [o the fault of others thon the Architect, the Architect shall be paid his compensation for services performed to termination date, including Reimbursable Expenses then due and all terminal expen,es. ARTICLE 9 OWNERSHIP OF DOCUMENTS Drawings and Specifications as instruments of service are and shall remain [he property of the Architect whether the Project for which they are made is executed or not. They are not to be used by the O++ncr on other projects or extensions to this Project except by agree- ment in writing 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 [he partners, successors, assigns and Icgal representatives of such other party with respect to all co+enants of this Agree- ment. 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 11.7 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 accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. This agreement to arbitrate shall be speufically enforceable under the pre- vailing arbitration law. 17.2 Notice of the demand for arbitration shall be tiled in writing with the other party to this Agreement and with the American Arbitration Association. The de- mand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable pro- ceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 11.3 The a+vard rendered by the arbitrators shall be final, and judgment may be entered upon it in accord- ance with apphcable law in any court having jurisdiction thereof. ARTICLE 12 EXTENT OF AGREEMENT This Agreement represents the entire and integrated agree- ment between the Owner and the Architect and super- sedes all prior negotiations, representations or agree- ments, 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 specified, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. AIA DOCU.+tCNT 0771 OWNrR-AI'CHITECT A(~BCE~AIf NT (I CC PLIK EXPCNSL51 APhIL "1970 EDITION AIA~) © 7970 TtiC A61EKIl:.4N INSTITU I'I: Uf AF.CHII!CTS, 171i NtW YORK AVL, N.W., W:AlI IINO(ON, U.C. Z000G This Agreement executed the day and year first written above. OWNER ARCHITECT KERB CO(3NTY Lester B. Whitton PE and A. B. Swank FAIA t\3 tih ~' ~ n^ ~~ ", ~ ,~1u1 us R.' .eunho P"e~, County Jud Lester H. IWhittou PE . , ~~ , C¢~il'iatv~Cl2,rk;',K~Yx County, Texas 'it -, y•: CITY bF KBRRtx2LLE, TEXAS A. B. Swank FAIA BY 2 ~-- a/ d Ze m a y , ayor ATTE ~: BY ~ ~~ ~~~~~J o-~-,/ " y Clerk, City o- 'errville, Texas AIA DON~t1.NT 67'S7 nlti'.Nr&1,(IIITICI' gnFCL~tENT irCr P~1~5 rat CNSfS) TPfal 19CU ^)ITION AIA~' © 1J7U • 'fIIC APoff FI(..AN INS(IrUTL r)f AF: ('I IIRUS, 1715 SUN 1'6RK AVL, N.W., WASHINGTON, D C. ?0006 8 Addendum Rider forming an integral part of the Agreement dated 14 February 1973 between KERR COUNTY and the CITY OF KERRVILLE, the Owner, and LESTER B. WHITTON PE and A. B. S[dANK FAIA, the Architect, relating the intention of the Owner to study the possible replacement of the present County and City jails. The matters set out in this addendum rider are hereby made apart of and incorporated in the Agreement for all pertinent purposes. 1. Access to Contractor Records.CJC, the Department of Justice, and the Comptroller General of the United States, or any of their duly author- ized representatives, shall have access--for the purpose of making audit, examination, excerpts, and transcriptions--to any books, documents, papers, and records of the contractors that are directly pertinent to a specific grant program. 2. Collusion or Conflict of Interest. All procurements shall be conducted so as to avoid collusion or actual conflicts of interests as well as any possibility of appearance of collusion or conflicts of interests. 3. Assurance of Compliance with Civil Rights Act of 1964. The applicant hereby agrees that it will comply and will insure com;~liance by its contractors with Title VI of the Civil Rights Act of 1964 (Public Law 83-352) and alI requirements imposed by or pursuant to Regulations of the Department of Justice (28 CFI: Part 42) issued pursuant to that title, to the end that no person shall on the grounds of race, color, or national origin be ex- cluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives federal financial assistance from the Department. The Grantee further will comply with and insure compliance by its contractors with Justice Department equal employment regulation in federally assisted programs to the end that employment discrimination in such programs on the grounds of race, color, creed, or national origin shall be eliminated. The grantee recognizes the right of the United States to seek judicial enforce- ment in its contracts. EXAGUT~D in Duplicate this 14th day of May, 1973. . OfJNER _ ~ ;? f l L~q ~' ~ • ARCHITECT KE~7;'COUNTX " ~ Lester B. Whitton PE and A. B. Swank FAIA .. '' n Lester B. Whitton PE ..,P ,9 e Kerr County, A. B. Swank FAZA BY ~~5~22ttC/ Zelm Hardy, Mayor A'r'r r. 'r IIY ~ ~/L~J ~~~'1 Clerk, City Kerrville, '1'i~}:as CITY OF KEP.I:VILLE, TEXAS June 11, 19?3 ti'.OCLPIC!^_?~'?'.1 ;t0, 1 ±o t'}]e Standard Pcrm of t1~-roement between ierr ~c~.; '~v, .~>:~., ;,;:1 tl]~ City of ..errville, Texas, the Owner, and Lester J, :!bitten and A. b, Swan:c, the Architect, dated Md~ f4 , 1'313. 1, CCt;;ri'-:;•c:,: ,here activities supported by this grant produce dra•.a~?i; ;;,,`..._.....__:•, ~ii..:., or of}]er copyr_G!~table material, the ,. „.:_,t~;_ -~ :; ,~; _ -t`t _.~,•...:, b ! .;'. ~. r•,, .;,,./ ,s a royalty-free nnn-exclusive an' irrevocable license to produce, publish, and use such r,:aterial.;, and to authorize others to do so, 2. P.efault: a. Kerr County Commissioners Court and the City of Kerrville, Texas, may, sub,Ject tc the provision of oararraph c. of this clause, 'oy written notice of de!'ault to tt]e Architect, terminate the xhole or any f.,rt of this contract in ai:y one of the following circumstances: 1) If the Architect fails to perform tiro work called for Ly ti~is cunt^.:ct ,~it:,~n the Ririe ~peci"ied herein or any extension thereof; or 2) If the Architect fails to perfor:r, any of the other provisions of ?;his contract, or so fails to prosecute the work as to endanger perfor::ance of this contract in accordance with its terms, and in either of these taro circumstances does not cure such failure •..ithin a period of ten days (or such extension as authorized b;/ ti,e Cor.missior.ers Court in vrriting) after receivin^ notice of default. b. Upon sac}] ter;~i.nat•ion of the contract by Kerr County Commissioners Ccurt and the Clty of Kerrville, Texas, the Court &Ild l,it;y ~":ay p:'OC'1rt, L1DOn SuC:] ti: "".:, C:~ {-gyp "OL]r''ate, VlOrk Similar t0 t}]C ., "; r';, .]n .. _r"._....'1 'inij !; .: (` ii.^.. :'li ~C .,..;ill :,''C' iiAble t0 the Con ^i.;siE~ne:•s Court and t!:c Cit;/ of 'rerrville for any excess COSt`. fOr SL ~~1 SiIC'_i']r Y'OY'}! - Pr0`.(i E. ^. (.l t}:C' tl.,, r°.rChit ECt 4ha11. continue the per, e:•c _nc~: a;' this contract to the extent not ter- minateu under Lhi: clau:~.c. C. _'.']'. r?'. :'1. ... JL .. tl,~" ..Ot. C'. ~i,.^':.e ~Or 3ny CXC e:; ., COSt~ ~.f the. f___1,.._ l0 :~' ~. ~... COn:.. _:Ct t~_.;t. if ti._ -, ' l'u•-. cu '~'cr:, 1:. ca c: Cr': ~, 111 t. `:'J , 2t4~. ;17•'; .. :nil, ^f C.1`.' PS !1^i:'~E :~, OJt Of C2U ACC bC- or n-~ :i ~.ncc of „n'a Archl- ~.tucd u', t`..~ :ie:°ault of a t cycn:i ~ ontr•o] of Loth t` -~~ 1 of 3 the Architect and Consultant, and without the fault or negligence of ei~r.er of then, t;ze Architect shall not be liable for any excess costs for failure to nerfor^. 3. Officials aot to Henef+_`.• ;10 officer, member or e:~pioyee of the C.J,C. and no member of '_.t;: o•mrn'n- bod_~, and no other public officials of the rovern- ir,^• body of the J.oc:?1.lt;;• or• iocaAitics in w`licil the project is si.t.lz~~.. or bei::- c`:rricd out aho exercise anv functions or rir _p:z :-._'., S i ` .: i:_.. '; vi.. nr -'Irr~•.~."1 n` t:... undertaking er car `;; out of 4hi., project, sh;._1 '..^.rticiF;rlt_ in any deci- SiUn r~'.liitinf`, t0 thiG CCntraCt .li11C1 af•i~8Ct5 tli5 pBT':;On81 inter- est or r:uve uny Y'....tnwl o: t._cunie •y i:,ter_;t, direct cr indirect, in this contract or fire proceeds thereof. 17o members of or Delenate to the Congress of the United States of America, no Resident Co^rsissioner, cr employee of the LrAA or Department o` Justice, shall be admitted to any share or part thereof or to any berlefi.t to arise he rel'ro:*.. 4. Coneland Act Coc~licnce: a. The Architect shall not induce, by any ;.pans, any person employed in rile ccnc.truction, co,..^le:i.en or rhp.air o_` the work under this contr?ct, to dive uo any pert of the compensation to which :le is entitle-d. b. No idcmber of or Ds legate to Censrress, or State Official, or Resident Cor:missioner, shall. be allo`~;ed to any share or part of this contract., or to any benefit that t,ay arise therefrom. c. The Architect agrees to insert this clause into all specifScations concerninET the oerf'orrnance of the work assifned i>y this contract. 5. lanority and Fr~~ll .u?,i.ness: Zn all consultations, the Architect vri1J. be encourafred to Ut 111^.B S?P.?11 bU31?iC::St'.5, field ;iii 11 U?`ity SUl.pl i'3i"J and S(_"_'ViCe3 atld i.U ~U r•',: 11;.51 f~:Ai C'^iCy., Ci1i"i Sl1UD1.L C:° 6i~ i,a1tC'1 .ti `. :I'„Ct; OT i;~in fOr use in Lile 'ccrlpletion of this: contract. G. Fr;ual F~'nln^rr~nt Onn~rtun'.t.v: a. Uur1n~- t.:•le nerforr.r.nee of this ccnt:r;.ct, the Architect of ?c; ;a !'olio.. , 1) 'I'ilc• ,'architect will. not di:;cri::;iuntc arain:~t any CPa1~0`: ~'r• p; ;i:)O' lc i11L .'U^ e '1. i?'!:.. .. ?lt ~~ir _„l]^C O: I`a CC, i:ol Or, I'~.._ :r.:, _.., ., Il::. .:..~ '.~ .'' ?1. .':1!. l~i .., i. i/C;t 'ri .ill :. r:V Eiffirt7:i1 lV'. '1.^. ... t`:1 .:O t-ri:~•U I'+' that i'_nh ilC...t1 L., ._,•e e;~.lll rl•. :Ci, 8nc~ L.`: niC; ~ ., ,.. .,! .. .... C~ .~. ....11GllL i`_ ..'i: LG t}:C... I' 7`:('e, CO1 G'', 1`C.{ ;S CiI, .;CX CI' 'l'it ii;?1'1~ Urir,il:. ..U'.".:1 ai.t i0[1 Ya,,,, ~~ of 3 shall include, but not be limited to the followSn,: Employment, upgrading, demotion or transfer, recruitment or recruit;"~:ent ad- Ver::ia.'.~7~, 1'j'Ofi Or tGr^:i:l~t'_On, ratny Of pay Or Other forms of compensation, and selection for trainin;,, including anprent- iCC~}1iC. i't1C r~i'Cai tE'Ct :.i f'; 1'_^L'S t0 DOSt in COnSpi CU0u9 plc'iC23, avai]a'vic to e~p'_o•;%~cs an:t applicants for e^.ployment, notices to be provic?.ed, setting forth the provisions of this nondiscrim- ination ciausi:. 2) ': he Arc'ni.toct will, in all solicitations or advert- isements for e;:piu':ce:~ ulaced b;~ or on be'aalf o'_' the Architect, .. ..~.,e t~..~t all cu>L':_ed -.rn iaants will receive consideration fOr e^_71 J;;':18 nt ld, t:: Cla. rE';^r3 t.0 r^^e, CO1Cr, reli,rion, SeX Or national on„in. 3) The Architect will comply vita all Provisions for Executive Order 11246 of .~eptember 24, 1955, and of the rules, ref;ulations, and relevant orders of the Secretary of Labor. 4) The Architect will furnish all information and reports requir^d by _:xecu*,ive Order 1'_246, and by rules, re~ul- atior.s, and orders o`' the Secretary of Labor or pursuant thereto and will permit access to his books, records and accounts by tYle a~'.^lnlsteri:•~:- s^enc~~ and ti7e Secretary of Labor `or purpose of investigation to ascertain compliance with such rules, regul- ations, and o:•~?er•s. This ^`odification executed the day and year first written above. Ota'fiGH ARCHITECT KERR COU'r7PY, T::,l'AS LESTER B. WHITT0;1 & A. B. SWA'dK ,< :~il.,e.. ; `r-~ fester :~, w:7"-ton my Jud_;e CITY Or ..:;,,°,i{VZLL , i'F.}:AS .,. .,. ..~~;.s :: ..:~, ~1?'J f)'. OI• ...: rr~'1 it (', ..Y.3:,, Page 3 of 3 4v6 .w ~>' ~~., .pry 1_;Xy. G' A.D. ~: .,