ORDER N0. 2077
APPROVAL OF RETAINING FRANKLIN JOHNSTON, P.E.
A REGISTERED PROFESSIONAL ENGINEER TO ACT AS
CONSTRUCTION PdANAGER OF THE KERB COUNTY ROAD
AND BRIDGE MAINTENANCE AND OFFICE BUILDING
PROJECT
On this the 27th day of January 1992, upon motion made by Commissioner
Holekamp, seconded by Commissioner Oehler, the Court UNANIIvIOUSLY APPROVED
BY A VOTE OF 4-0-0, to pay Franklin Johnston $3,000.00 out of Capitol
Improvement Funds subject to the County Attorney's opinion regarding
the legalities of this motion.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE OR i G I NAL AND Fi VE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY; Glenn Holekamp
OFFICE: Commissioner, Pct. 3
MEETING DATE: Jan 27, 1992
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Consideration of r~taining Franklin
_Johnston, P.E., a registered profP~sinnal enainPPr to art ac rnnctriirtinn
~...,~~
manager of the Kerr County Road & Br i die Main nanrP anti f]ff i rP Ri i i 1 rl i nn
_Project, in accordance with Article 3271 a, V.A.T. ,Section 19
EXECUTIVE SESSION REQUESTED: YES _ NO X
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION: 15 min.
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT:
Glenn Holekamp
Time for submitting this request for Court to assure that the matter Is posted in accordance
with Article 6252-17 1s as follows:
* Meetings held on second Monday: 12:00 P.M. previous Wednesday
~ Meetings held on Thursdays: 5:00 P.M. previous Thursday
THIS REGIUEST RECEIVED BY:
THIS REGIUEST RECEIVED ON : ~
All Agenda Requests will be screened by the County Judge's Office to determine It
adequate lnformatloR has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
MEMORANDUM
January 27, 1992
To : Commissioner's Court
Re : Consideration of retaining Franklin Johnston, P.E., a registered professional
engineer, to act as Construction Manager of the Kerr County Road & Bridge
Maintenance and Office Building Project.
From : Glenn Holekamp, Commissioner Pct. 3
1. Building Construction is not in the job description of the County Engineer.
(Commissioner's Court meeting of Jan. 13, 1992 )
2. The Texas Engineering Practice Act. Article 3271a, V.A.T.S., Section 19 : " It is
unlawful for this ... county, to engage in the construction of any public work
involving professional engineering, where public health, public welfare or public
safety is involved, unless the engineering plans and specifications and estimates
have been prepared by, and the engineering construction is to be executed under the
direct supervision of a registered professional engineer." See Exhibit 'A'
3 . Contracts for professional services of a registered professional engineer /
construction manager, are exempt from the competitive bidding requirements
of Article 23b8a, Section 2 (b), V.T.C.S. See Exhibit 'B', 'C', & 'D'
4. Compensation shall be at fair and reasonable prices. (Section 3, Professional
Services Procurement Act } This Commissioner's Court approved a contract with
George Lovett, Architect, on Apri125, 1991, at 7.5 % of actual construction cost.
This project is a special situation however, so I think a "fair and reasonable price"
would be 5 % of actual construction cost, on contracts paid after this date. See
Exhibits 'C', Section 3A (a), 'E' & 'F'.
5 . The duties of the registered professional engineer /construction management
consultant are as follows
a. Control time and costs on behalf of Kerr County
b . Organizing the design phase of the project
c. Prepare working drawing and specifications of buildings
d. Establish a construction schedule
e. Coordination with commissioner's court on materials, construction methods,
and the arangement of the construction contract
f. Managing the bidding process
g. Handling contract awards
h. Provide coordination between the various contractors
i. Supervision and managing responsibility of complete construction project
per A.LA. Document B 801
EXHIBIT 'A'
The Texas Engineering Practice Act
Article 3271 a, V.A.T.S.
Section 16. EXPIRATIONS AND RENEWALS. (a) It shall be the duty of the Board to notify every
person registered under this Act of the date of the expiration of hie certificate and the amount of the fee that
shall be required foe its renewal for one year; such notice shall be mailed atlea~t onemonth in advance of the
date of the expiration of said certificate to the last address provided by the registrant to the Board.
fb) A person may renew an unexpired certificate of registration by paying to the Board before the
expiration date of the certificate of registration the required renewal fee.
(c) If a person's certificate of registration has been expired for not longer than 90 days, the person may
renew the certificate of registration by paying to the Board the required renewal fee and a penalty fee as set by
the Board.
Id) if a person's certificate of registration has been expired for longer than 90 days but leas than two
years, the person may renew the certificate of registration by paying to the Board all unpaid renewal fees and
a penalty fee as set by the Board.
(e) If a person's certificate of registration has been expired for two years or longer, the person may not
renew the certificate of registration. The person may obtain a new certificate of registration by complying
with the requirements and procedures for obtaining an original certificate of registration that are in effect at
the time the person applies.
Section 16.1. EXPIRATION DATES OF CERTIFICATES OF REGISTRATION. The board by Tale
may adopt a system under which certificates of registration expire on various dates during the year, and the
dates for reinstatement shall be adjusted accordingly.
Section 17. FIRMS, PARTNERSHIPS, CORPORATIONS AND JOINT STOCK ASSOCIATIONS. A
firm, or a co-partnership, or a corporation, or a joint stock association may engage in the practice of
professional engineering in this State, provided such practice is carried on by only professional engineers
registered in this State.
Section 18. No firm, partnership, association, corporation or other business entity shall hold itself out to
the public or any member thereof ae being engaged in the practice of engineering under any assumed, trade,
business, partnership or corporate name or employ, use, cause to be used or make use of in any manner
whatsoever any such words or terms as "engineer," "engineering; ' "engineering services," "engineering
company," "engineering, inc.," "professional engineers," "licensed engineer," "registered engineer."
"licensed professional engineer," "registered professional engineer," engineered," or any combinations,
abbreviations or variations thereof, orin combination vrith any other words, letters, initials, signs oraymboL
on, in or as a part of, directly or indirectly, any sign, directory, listing, contract, document, pamphlet,
stationery, letterhead, advertisement, signature, trade name, assumed name, corporate or other business
name unless such firm partnership, association, corporation orother business entity is actually andactively
engaged in the practice of engineering or offering engineeringaervices to the public, and any and all services,
work, acts or things performed or done by it which constitute any part of the practice of engineering are either
personally performed or done by a registered engineer or under the responsible supervision of a registered
engineer.
Section 18. PUBLIC WORK. (a) It is unlawful for this state or for any of its political subdivisions,
including any county, city, or town, to engage in the construction of any public work involving professional
engineering, where public health, public welfare or public safety ie involved, unless the engineering plans
and specifications and estimates have been prepared by, and the engineering construction is to be executed
under the direct supervision of a registered professional engineer. However nothing in this Act shall be held to
apply to any public work wherein the contemplated expenditure for the completed project does not exceed
Eight Thousand ($8,000.00) Dallare.
(b) This Act shall not apply to any road maintenance or betterment work undertaken by the County
Commissioners' Court.
Section 20. EXEMPTIONS. The following persons shall be exempt from the registration provisions of
this Act, provided that such persona are not directly or indirectly represented or held out to the public to be
legally qualified to engage in the practice of engineering:
(a) A person not a resident of and having no established place of business in this state if that person:
.`~ ~,y ,
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]`;.. :G
December 23, 1932
The Attorney Ge~~eral of Texas
EXHIBIT 'B'
ARK WHITE
vrney Genera{
reme Court Building
1. BoY t25a8 _
tln, TX. 78" t- 2548
'475.2501
~x 9701874.t3Fi7
~eopier St"<ta75-0266
Honorable Tim Curry
District Attorney
Tarrant County Courthouse
Fozt Worth, Texas 7G 102
Opinion No. MW-530
' FAain 51., Suite 14t?o
as, TX. 75201•d709
742-8944
t Alberta Ave., Suite 16t)
aso, TX. 7905.2793
533.3484
,las Ave., Suite 202
ston, TX. 77002.6986
~5a-oeea
?roadway. Suite 312
pock, TX. 79401-3479
r4 7.5238
N. Tench, Suite B
ten, TY. T8501•t685
82•x547
Dear Mr. Curry:
Re: Whether contract for
services of a construction
manager is excepted fro,
competitive bidding require-
ments of article 2368x, ~'.T.C.S.
Article 2368x, V. T. C. S., requires counties to take competitive
bids on "any contract calling for... an expenditure... in an amount
exceeding [$5,000.00]." Sec. 2(a). The statute contains a number of
exceptions, however. You have asked whether a contract for the
services of a "construction manager" wtto oversees various public
building projects is within any of these exceptions. .
Among other [kings, conCracts for "personal or professional
services" are excepted from the competitive bidding require~;~ents of
article 2368x. Sec. 2(b). In the course of concluding that the Boarc!
of Trustees of Galveston Wharves had to solicit bids on a contract for
the services of a container terminal operator, Attorney General
Opinion r1W-344 (1981) dealt at some length with the question of what
constitutes a "personal service'' within the meaning of this statute.
There, we observed ttt~t in Van Zandt v. Fort 1Jorth Press, 359 S.W.2<I
893 (Tex. 1962), the Texas Supreme Court quoted with approval Clic
following statement of the Supreme Court of Utah:
Aain Plaza. Suite x00 The term 'personal service' indicates that ttte
anlonio.TX. 78205-2797 'act` done for the benefit of another is done
25-a19t personally by a particular individual. (Emphasis
in original).
~uat Opoorlunity/
nati~•g Action Employer 359 S.W.2d at 845, quoting from Creameries of America, Inc. ~~.
Indsstrial Commission, 102 P.2d 300, 304 (Utah 1940). The court a1s~~
observed that Webster's Third New International Dictionary defines
"personal services" as follows:
economic service involving tite either intellectual
or manual personal labor of ttte server rattier titan
a salable product of leis ski1.1.
p. 1917
,,,-_ - ,,
Webster's Tt-ird New International Dictionary 16F17 (1961).
Van Zandt involved a suit by a newspaper to recover amounts due
for advertising services. One of tl-e theories of recovery advanced in
that case was that advertising services are "personal services" within
t:t~e meaning of article 2226, V, T. C. S. , which authorized tt~e recovery
of attorneys fees therefor. After making tl-e foregoing observations,
among o[t-ers, the court held against tl-e newspaper, but it did so
because of the particular facts of ttie case. It field that, although
tine newspaper's employees undoubtedly rendered "personal services,"
the cause of action was for something far more inclusive --
"advertising services" -- and that those services embraced not merely
personal services, but profit, taxes, insurance and other items as
well.
Attorney General Opi-iion MW-344 also cited Radio KOKC, Inc, y.
Tien-ann, 37g S.I~I.Zd 952 ('Tex. Civ. Alp. - Austin 1964, writ ref'd
n. r.e.), wherein [lie plaintiff sought attnrneys fees under article
2226 In a suit to recover the cost of moving household goods. We
discussed the court's reasoning in that case as follows:
The court said
recoverable on
attributable to
been separately
is made and tli
past of the cos
one for 'pe
contribution o
substantially
employee wages.
cou1J not be co
the court suggested the
freight traici by a crew
employment of a laborer
own pick and shovel, on
a contract for personal
SJe concluded:
might have been
only if tl-e
citribution of
of three or four men. The
tE-e utl-er hand, is clearly
services.
tt-e contract
the wages had
no itemization
d equipment is
he contract is
total cost is
contract that
oval services,
operation of a l00-car
to clig a ditch using his
Ici our op iniun, these twn cases indicate clearly
that :.c contract to operate container terminal
facilities, which operation you Dave described as
con-l~lex and technical, cannot reasonably be
described as one Eor 'personal services.' Even if
a large portioc- of t11e contract price is assigned
to labor costs, tt-e total contrac[; amount wiJ.l
certaiclly include costs ascriE~able to~taxes and
r
that attorneys fees
that portion of
employees' wages, iE
itemized. slut when
e use of machinery an
t of the contract, t
rsonal services'
f the machinery to
less tt-an the co
As an e:cample of a
nsidered one for pets
E,. 191;
Etonorable Tim Carry - Page 3 (i•11J-530) -14•
insurance as well as ttie operator's anticipated
profit.
You inform us that t}ie duties of a construction manager include:
(1) representing ttie co~cnty during construction and until final
payment to all contractors is due; (2) advising and consulting with
the county; (3) overseeing, scheduling and coordinating ttte work of
contractors; and (4) reviewing applications for payment by contractors
and making final recommendations to the architect for certification
for payment. In our opinion, these are "personal services" within the
meaning of articli 2368x. Tliey are performed personally by a
particular individual for the benefit of another. See Van Zandt v.
Fort Worth Press, supra. They involve either tt~e intellectual or the
manual personal labor of ttie server rather than a salable product of
his skill. Id. Other variables that account for the courts' holdings
in Van Zaridt, supra, and Radio KOKE, Inc. v. Tiemann, supra, and our
holding in Attorney General Opinion MtJ-344, such as machinery,
equipment, c-ver}iead, taxes, insurance, the involvement of others,
etc., are not present in this instance; [fie labor of one individual --
the construction manager -- is all tf,at is being offered and
purchased.
In our view, these are the kinds of services that the courts in
the cases discussed above lead in mind when they offered their examples
of instances in which "personal services" would be involved. We also
believe that the reasoning of the court in Bunter v. Whiteaker and
Washington, 23U S.W. 1096 ('Tex. Civ. App. - San Antonio 1921, writ
ref' d) is applicable lie re. Ttlere, tt~e court addressed the question of
wfiettier a contract to ~nrploy civil engineers to supervise the work of
building roads icy a county was subject to competitive bidding. The
court answered in the negative, and the ceasons it offered for
exempting such services from bidding requirements are also applicable
here:
To hold that the act would require that the
services of :- man belonging to a pcofession such
as tfrat of tt~e law, of medicine, of teaching,
civil engineering, or architecture should be
obtained... only ttiro~rgt- competitive bidding would
give a ridic~rlous meaning to the act.... Such a
construction would require the selection of
attorneys, physicians, school teachers, and civil
engineers by competitive bids, ttre only test being
the lowest bid Cor the services of such men. Such
a test would prubabl}• be the best that could be
conceived Eor obtaining the services of the least
cornpetent man.... (Emptrasis added) .

{, . l'1 L 9
(toc;orab i e Tir.~ C~~"v - PaEe 4 (t~{l•l-530) "'
230 S.W. at 1098. See Culf f3itulithic Company v. Nueces County, 11
S.W.2d 305 ('fox. Comm'n App. 1928) (contract for supervision of road
construction work not subject to competitive bidding requirements
under former article 2268a, V.T.C.S.).
We therefore conclude that ~. contract for the services of a
construction manager is within the "personal services" exception to
article 236Ea and therefore need not be let on competitive bids. Our
conclusion renders unnecessary a discussion of whether such contract
is also within ttie "processional services" exceptio~~ to article 2368a.
S U M M A R Y
A contract for the services of a construction
manager is within the "personal services"
exception to article 2368a, V.T.C.S., and
therefore need not be let on competitive bids.
Very truly yours,
M A R K 4; i{ I T E
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney Ceneral
RICF{ARD E. GRAY III
Executive Assistant Attor~iey Ceneral
Prepared by Jon Bible
Assistant Attorney General
APPROVED:
OPINION COt•~iCTTEE
Susan L. Garrison, Chairman
Jon B ib le
Buz Gary
Rick Cilpin
Patricia liinojosa
Jim Ptoellinger

EXHIBIT ' C'
VERNON'S ANNOTATED
REVISED CIVIL S'T'ATUTES
OF THE
STATE O F TEXAS
Volume 1B
Articles 579 - 851
Art 664-4. Professional Services Procurement Act
Section 1. This Act shall be known and may be cited as the "Professional Services
Procurement Act"
Sec. 2. For purposes of this Act the term "professional services" shall mean those
within the scope of the practice of accounting, architecture, optometry, medicine, land
surveying, or professional engineering as defined by the laws of the State of Texas or
those performed by any licensed architect, optometrist, physician, surgeon, certified
public accountant, land surveyor, or professional engineer in connection with his profea-
aional employment~or practice.
Sec. 3. No state agency, political subdivision, county, municipality, district, authority
or publicly-owned utility of the State of Texas shall retake any contract for, or engage the
professional services of, any licensed physician, optometrist, surgeon, architect, certified
public accountant, land surveyor, or registered engineer, or any group or association
thereof, selected on the basis of competitive bids submitted for such contract or for such
services to be performed, but shall select and award such contracts and engage such
services on the basis of demonstrated competence and qualifications for the type of
professional services to be performed and at fair and reasonable prices, as long as
professional fees are consistent with and not higher than the published recommended
practices and fees of the various applicable professional associations and do not exceed
the maximum provided by any state law. .
Sec. 3A. (a) In the procurement of architectural or engineering services by an entity
described by Section 3 ofthis Act, the entity shall negotiate a contract for the services on
the basis of a two-step process: _ .,
(1) initial selection shall be based on the demonstrated competence and qualifications of
the person, including any firm, who is to provide the services; and
(2) after the entity makes its selection aaeording to Subsection (a) of this section, it
shall proceed to negotiate a contract at a fair and reasonable price.
(b) If the entity is unable to negotiate a satisfactory contract with the most highly
qualified person, the entity shall formally end negotiations with that person and begin
negotiations with the second most highly qualified person.
(c) Negotiations shall be undertaken in this sequence until a contract is made.
Sec. 4. Any and all such cJontracts, agreements- or arrangements for professional
services negotiated, made or entered into, directly or indirectly, by any agency or
department of the State of Texas, county, municipality, political subdivision, district,
authority or publicly~wned utility in any way in violation of the provisions of this Act or
any part hereof .are hereby declared to be void as contrary to the public policy of this
State and shall not be given effect or enforced by any Court of this State or by any of its
public officers or employees.
Acts 1971, 62nd Leg., p. 72, ch. 38, eff. March 30, 1971. Secs. 2, 3 amended by Acts 1989, 71st Leg.,
ch. 1036, § 1, eff. June i6, 1989; Sec. 3A added by Acts 1989, 71st Leg., ch. 392, § 1, eff. Sept 1,
1989. _________ _ _. _
EXHIBIT 'D'
Vernon's
TEXAS CODES
ANNOTATED
LOCAL GOVERNMENT CODE
Sections 141.001 to 305
§ 262.024. Exemptions
See, also, italicized material following text of this section
(a) A contract for the purchase of any of the following items is exempt
from the requirement established by Section 262.023 if the commissioners
court by order grants the exemption:
(1) an item that must be purchased in a case of public calamity if it is
necessary to make the purchase promptly to relieve the necessity of the
citizens or to preserve the property of the county;
(2) an item necessary to preserve or protect the public health or safety of
the residents of the county;
(3) an item necessary because of unforeseen damage to public property;
(4) a personal or professional service;
(5) any work performed and paid for by the day, as the work progresses;
651
EXHIBIT ' E'
Section 3 of the Professional Services Procurement Act
provides the following:
No state agency, political subdivision,
county, municipality, district, authority or
publicly-owned utility of the State of Texas
shall make any contract for, or engage the
professional services of, any licensed
physician, optometrist., surgeon, architect,
certified public accountant, land surveyor,
or registered engineer, or any group or
association thereof, selected on the basis of
competitive bids submitted for such contract
or for such services to be .performed, but
shall select and award such contracts and
engage such services on the basis of
demonstrated competence and qualifications
for the type of professional services to be
performed and at fair and reasonable prices,
as long as professional fees are consistent
with and not higher than the published
recommended practices and fees of the various
applicable professional associations and do
not exceed the maximum provided by any state
law.
Parsing this provision to its essential elements, section 3
reads: "No county shall make any contract for,
or engage the professional services of, any licensed .
architect or registered engineer selected on the
basis of competitive bids , but shall select and award
such contracts and engage such services on the basis of
demonstrated competence and qualifications for the type of
professional services to be performed and at fair and
reasonable prices."
"Professional services" are declared by the act to be,
among other things,
those within the scope of
. architecture
engineering as defined by
State of Texas or those
licensed architect
engineer in connection with
employment or practice.
the practice of
or professional
the laws of the
performed by any
or professional
his professional
V.T.C.S. art. 664-4, § 2.
• EXHIBIT 'F'
T• H E A M E R I C A ., ., F A R C H I T E C T S

AIA Document B141
Standard Form of Agreement Between
Owner and Architect
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
AGREEMENT
made as of the
Nineteen Hundred and
25th ~Y of April
91
Kerr County Commissionerls Court
Kerr County Courthouse
Kerrville, Texas 78028
in the year of
BETWEEN the Owner:
(Name and addrnss)
and the Architect
(Name arul address)
George Lovett, Architect
P. 0. Box 391
Comfort, Texas 78013
For the following Project:
(include detailed description of Project, location, address and scope.)
Office additions to Kerr County Courthouse
The Owner and Architect agree as set forth below.
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, ©1987 by The Americo[ Institute
of Architects, 1735 New York Avcnue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial
quotation of Its provisions without writttxt permission of the AIA viohtes the copyright laws of the United States and will be
subject to legal prosecution.
AIA DOCUt~MT 6111 •OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA • ®1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHWGTON, D.C. 20006
8141-1887 1
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services per-
formed by the Architect, Architect's employees and Architect's
consultants as enumerated in Articles 2 and 3 of this Agreement
and any other services included in Article 12.
1.1.2 The Architect's services shall be performed as expedi-
tiously as is consistent with professional skill and care and the
orderly progress of the Work. Upon request of the Owner, the
Architect shall submit for the Owner's approval a schedule for
the performance of the Architect's services which may be
adjusted as the Project proceeds, and shall include allowances
for periods of time required for the Owner's review and for
approval of submissions by authorities having jurisdiction over
the Project. Time limits established by this schedule approved
by the Owner shall not, except for reasonable cause, be exceeded
by the Architect or Owner.
1.1.3 The services covered by this Agreement are subject to
the time limitations contained in Subparagraph 11.5.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFlNITION
2.1.1 The Architect's Basic Services consist of those described
in paragraphs 2.2 through 2.6 and any other services identified
in Article 12 as part of Basic Services, and include normal struc-
tural, mechanical and electrical engineering services.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program famished by the
Owner to ascertain the requirements of the Project and shall
an ive at a mutual understanding of such requirements with the
Owner.
2.2.2 The Architect shall provide a preliminary evaluation of
the Owner's program, schedule and construction budget
requirements, each in temts of the other, subject to the limita-
tions set forth in Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner alternative
approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule
and construction budget requirements, the Architect shall
prepare, for approval by the Owner, Schematic Design Docu-
ments consisting of drawings and other documents illustrating
the scale and relationship of Project components.
2.2.5 The Architect shall submit to the Owner a preliminary
estimate of Construction Cost based on current area, volume or
other unit costs.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents
and any adjustments authorized by the Owner in the program,
schedule or construction budge[, the Architect shall prepare,
foc approval by the Owner, Design Development Documents
consisting of drawings and other documents to fix and describe
the size and character of the Project as to azchitectural, struc-
tural, mechanical and electrical systems, materials and such
other elements as may be appropriate.
2.3.2 The Architect shall advise the Owner of any adjustments
to the preliminary estimate of Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Docu-
ments and any further adjustments in the scope or quality of
the Project or in the construction budget authorized by the
Owner, the Architect shall prepaze, for approval by the Owner,
Construction Documents consisting of Drawings and Specifica-
tions setting forth in detail the requirements for the construc-
tion of the Project.
2.4.2 The Architect shall assist the Owner in the preparation of
the necessary bidding information, bidding forms, the Condi-
tions of the Contract, and the form of Agreement between the
Owner and Contractor.
2.4.3 The Architect shall advise the Owner of any adjustments
to previous preliminary estimates of Construction Cost indi-
cated by changes in requirements or general market conditions.
2.4.4 The Architect shall assist the Owner in connection with
the Owner's responsibility for filing documents required for
the approval of governmental authorities having jurisdiction
over the Project.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of the
Construction Documents and of the latest preliminary estimate
of Construction Cost, shall assist the Owner in obtaining bids
or negotiated proposals and assist in awarding and preparing
contracts for construction.
2.6 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide Basic Services
for the Construction Phase under this Agreement commences
with the award of the Contract for Construction and termi-
nates at the earlier of the issuance to the Owner of the final
Certificate for Payment or 60 days after the date of Substan-
tial Completion of the Work.
4~S
L
2.6.3 Duties, responsibilities and limitations of authority of the
Architect shall not be restricted, modified or extended without
written agreement of the Owner and Architect with consent of
the Contractor, which consent shall not be unreasonably
withheld.
AIA DOCUAAEtiT Bi41 •OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA~ • ©1987
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W.. WASHINGTON. D.C. 20006 B~ 41 ~1 g87 2
the specific informs[ion considered by the Owner to be confi-
dential or proprietary. The Owner shall provide professional
credit for the Architect on the construction sign and in the pro-
motional materials for the Project.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the Project and
the portion of the cost of their mandatory and customary con-
tributions and benefits related thereto, such as employment
taxes and other statutory employee benefits, insurance, sick
leave, holidays, vacations, pensions and similar contributions
and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to compensa-
tion for Basic and Additional Services and include expenses
incurred by the Architect and Architect's employees and con-
sultants in the interest of the Project, as identified in the follow-
ing Clauses.
10.2.1.1 Expense of transportation in connection with the
Project; expenses in connection with authorized out-of--town
travel; long-distance communications; and fees paid for secur-
ing approval of authorities having jurisdiction over the Project.
10.2.1.2 Expense of reproductions, postage and handling of
Drawings, Specifications and other documents.
10.2.1.3 If authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates.
10.2.1.4 Expense of renderings, models and mock-ups requested
by the Owner.
10.2.1.5 Expense of additional insurance coverage or limits,
including professional liability insurance, requested by the
Owner in excess of that normally carried by the Architect and
Architect's consultants.
10.2.1.6 Expense of computer-aided design and drafting
equipment time when used in connection with the Project.
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 M initial payment as set forth in Paragraph 11.1 is the
minimum payment under this Agreement.
10.3.2 Subsequent payments for Basic Services shall be made
monthly and, where applicable, shall be in proportion to ser-
vices performed within each phase of service, on the basis set
forth in Subparagraph 11.2.2.
10.3.3 If and to the extent that the time initially established in
Subparagraph 11.5.1 of this Agreement is exceeded or extended
through no fault of the Architect, compensation for any ser-
vices rendered during the additional period of time shall be
computed in the manner set forth in Subparagraph 11.3.2.
10.3.4 When compensation is based on a percentage of Con-
struction Cost and any portions of the Project are deleted or
otherwise not constructed, compensation for those ponions of
the Project shall be payable to the extent services are per-
formed on [hose portions, in accordance with the schedule set
forth in Subparagraph 11.2.2, based on (1) the lowest bona fide
bid or negotiated proposal, or (2) if no such bid or proposal is
received, the most recent preliminary estimate of Construction
Cost or detailed estimate of Construction Cost for such por-
tions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4.1 Payments on account of the Architect's Additional
Services and for Reimbursable Expenses shall be made monthl}•
upon presentation of the Architect's statement of services ren-
dered or expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's com-
pensation on account of penalty, liquidated damages or other
sums withheld from payments to contractors, or on account of
the cost of changes in the Work other than those for which the
Architect has been found to be liable.
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses per-
taining to Additional Services and services performed on the
basis of a multiple of Direct Personnel Expense shall be avail-
' able to the Owner or the Owner's authorized representative at
- mutually convenient times.
ARncLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN INITIAL PAYMENT of Dollars (f
shall be made upon execution of this Agreement and credited to the Owner's account at final payment.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as pan of Basic Services, Basic
Compensation shall be computed as follows: -
(/nser! basis of compensation, indudrng stipulated sotto, multiples or percentages, and identify phases Jo u~bicb particular methods of compensation apple, ij
necessary.)
7. Sao of actual construction costs
AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT ~ FOURTEENTH EDITION ~ AIA~ • ©1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHIIVGTON, D.C. 20006 8141'1987 8
11.2.2 Vvhere compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services
in each phase shall total the following percentages of the total Basic Compensation payable:
(Insert additional phases as appropriate.)
Schematic Design Phase:	percent (- -%)
Design Development Phase:	percent (20°6)
Construction Documents Phase:	percent (50%)
Blddtng or Negotiation Phase:	percent ( 5%)
Construction Phase:	percent ( 2.5%)
Total Basic Compensation:	one hundred percent (100°!°)
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com-
puted as follows:
.. $75.00 per hour
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (l) Additional Project
Representation, as described in Paragraph 3.2, and (2) services included in Article l2 as part of Basic Services, but excluding
services of consul[an[s, compensation shall be computed as follows:
(/assert basis of cornpe+tsatinn. including rates andk+r multiples ojDirect Personnel F_rpe+rse jnr Principals at+d employees, mtd rdcutifi' PrL+crpa/s and Ctassij)~
employees, ij reytrtred. /derrtrfy spec+fic serrices to which particular methods aj compensation apple. ij +tecessary.)
Vus~q V '
(identify specific types of consultants in Article l1, ij required.)
kf•~A~
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within
( )months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be
compensated as provided in Subparagraphs 10.3.3 and 11.3. ~ S 30 GV (,c,ts
11.5.2 Payments are due and payable 3 p U ~ ( ~- )days from the date of the Architect's invoice.
Amounts unpaid ( ~j- )days after the invoice date shall bear interest at the rate entered below, or
in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect.
(Insert rate of interest agreed upon.) 12 /o
(Usury laws and requirements under the Federal Truth in Lending Au, similar state acrd local consumer credit taws and other regulatioru at the oumer's and Atrbi-
teU's principal places of business, the location of the Project and elsewhere may affect the validity of ibis provision. Specific legal advice should be obtained with
respect to deletions or modifications, and also regarding requirements such as toritten disclosures or waivers.)
AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA• • ©1987
9 8141 ~~ 987 THE AMERICAN INSTITUTE OF ARCNITEGTS, t 735 NEW YORK AVENUE, N VD., WASHINGTON, D.C. 20006
11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review
practices of the Architect.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
(Insert descriptions of other services, iderrtijy Additional Ser:~tces included urtbin Basic Compensation and modifications to the payment acrd compensation rernrs
mctuded in Ibis Agreement.)
None.
This Agreement entered into as of the day and year first written above.
owNElt Kerr C u Commissioners
(Signature)
W. G. Stacy, Kerr County Judge ~t:C7>rGE (~F'j''~' Architect
(Printed name and title) (Printed name and title)
AIA DOgJ1EJ1i 9741 •OWNER-ARCHITECT AGREEMENT ~ FOURTEENTH EDITION ~ AIA~ • ©1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 81;~-1987 1O
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Vol S, Page 540