r.l..,='f'tCNi-1L. Oi-~ nal:,;~;:'~L.CIi_!4$i-tl I~I_Ih~~~fl=r~~! l-Ji: I I~t:t11~Lt~' ?@,flhitiC.~•T 'rt7ia ~11-i._ ~ .I'.y ! ~ L lS : I : ~^'.'- t', d r..F_fv' I.:I? :-d~J. I1_1~-F1U1 i. _t~l l :..-.!V i la i~tilE: ( i! ~Pdi~' J~.il~•f?[ -. I; L:;11(I f Uh!E. -- -_ .- .. I,i71 I: i'lt:. 11 f- :._hJ i- ~ ~.i {9 •., ( 1.':3t r. i'I".r:. ,.. a•l,'.' i'. f';~ ii: ilr .iil I' C; ::. , C:amlrll!:;.. ier ,_r..t L_:,f,~ };r !,r.Iy..I 4 ;:nm~..:icrr:r::r i.tehiae: t;,.. :a:~rai unanimously approved 6y a vote of 4-0-i,with ,. , Commassaoner organ s aanang i~o ~J;:. .;:a +r<:_ri:.:re _~Ja ;r : o r r i -..i -': is 4M A j- • - ~ { i r : ,n ;": h. ~ ~'": •; „~ is f' .! . , a. I"I ::: i i l'.' F• 1 ~. ,. lit I' . ;.1 i.: 1. .. i.. l-c11-. :1 r: 1'1 fit l :: L.. C!-i '.iif 1 i::•p-,^.- 1. ~i ~'j a'~ r•:, _;~ l.. irL•. rr i' Ea1.CI 9a ll'E: Ii . T H E A M E R I C A I N S T I T U T E F A R C H I T E C T S AIA Document B151 Abbreviated Form of Agreement Between Owner and Architect for Construction Projects of Limited Scope 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT TWENTY-EIGHTH made as of the ~`'~'~'~ day of Nineteen Hundred and NINETY TWO BETWEEN the Owner: (Name aru! address) COUNTY OF KERR COUNTY COURTHOUSE 700 MAIN ST. KERRVILLE, TEXAS 78028 and the Architect: (Name anrt address) DECEMBER in [he year of REUBEN E. BOHNERT A.I.A. ARCHITECT 408 N. MILAM FREDERICKSBURG, TEXAS 78624 For the following Project: (InUude detailed description of Project, location, address and sa>pe.) NEW JUVENILE DETENTION CENTER KERRVILLE, TEXAS The Owner and Architect agree as set forth below. Copyright 1974, 19'R, U 198 by The American Institute of A[chi[ec[s, 135 New York Avenue, N.W., Washing[oq U.C. 10006. Reproduction of the ma[erial herein o[ substantial quotation of i[s provisions without written permission of the AIA violates the copyright laws of the UNted Stales and will be subje~Y [o legal prosecution. AIA DOCUMENT B151 •ABBREVIATED OWNER-ARCHITECT AGREEMENT •THIRD EDITION•AIA' •CJ 1967 THE AMERICAN INSTITUTE. OF ARCHITECTS, 7735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2011W B151-7987 ~ 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 i 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. 1.1.3 The services covered by this Agreement are subject to the time flmitations contained in Subpazagraph I1 5 1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1. The Architect's Rasic Services consist of those described under the three phases indentified below, any other services identified in Article 12, and include normal structural, mech:vd- cal and electrical engineering services. 2.2 DESIGN PHASE 2.2.1 The Architect shall review with [he Owner alternative approaches to design and construction of the Project. 2.2.2 Based nn the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Design Documents c~n- sisting of drawings and other documents appropriate for the Project, and shall submit rp the Owner a preliminary estimate of Construction Cost. 2.3 CONSTRUCTION DOCUMENTS PHASE 2.3.1 Based on the approved Design Documents, the Architect shall prepare, for approval by the Owner, Construction Uocu- ments consisting of Drawings and Specifications setting forth in detail the reyWrements for the construction of the Project and shall advise the Owner of any adjustments to pmvious preliminary estimates of Cunstructiun Cost. 2.3.2 The ArcMrect shall assts[ the Owner in connection with [he Owner's responsibility fur filing documents myuirM for [he approval of governmental authorities having jurisdiction over the Project. 2.3.3 UNess provided in Article 12, the Architect, following [he Owner's approval of the Construction Uocuments and of the latest preliminary estimate of Construction Gos[, shall assts[ the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for constmction. 2.4 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.4.1 The Architect's responsibility to provide Basic Services for the Constmction Phase under this Agreement commences with the awazd of the Contract for Construction and terminates at the earlier of issuance to the Owner of the fmal Certificate for Payment or 60 days after the date of Substantial Completion of the Work, unless extended under the terms of Subparagraph 10. i.i. 2.4.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 2.4.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. 2.4.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as an Additional See vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction. 2.4.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of [he Work completed and to determine in general if the Work is being performed in a man- ner indicating that the Work when completed will be in accor dance with the Contract Documents. However, the Architect shall nut be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies In the Work. (More extensive sate represeradadiun ntay he agreed [v as an dddaHunal Service, as described in Paragraph 3.2J 2.4.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The Architect sh;il] not have control over or charge of acts ur omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.4.7 '1'hc Architect shall at all times have access to the Work wherever it Ls in preparation or progress. 2.4.8 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify [he amounts due the Contractor. 2.4.9 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architects obser- vations at the site as provided in Subparagraph 2.4.5 and tin the AIA DOCUMENT B151 •ABBREVIATEU OWNER-ARCHITECT AGREEMENT •THIRD EDITION •AlA•' •~c_119A] THF. AMERICAN INS'I'11'HTF. OF ARCHITECTS, 1B5 NEW YUAx AVENUE, N W., WASHINGTON, D.C. 20(IW 6151'1987 2 data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract Docu- ments. The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed constmction means, methods, tech- niques, sequences or procedures, (3) reviewed copies of requi- sitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contrac- tor's right to payment or (4) ascertained how or for what par pose the Contractor has used money previously paid un account of the Contract Sum. 2.4.10 The Architect shall have authority to reject Work which does not conform to the Contract Documents and will have authority to require additional inspection or testing of the Work whenever, in the Architect's reasonable opinion, it is necessary or advisable fur the implementation of the intent of the Contract Documents. 2.4.11 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equip- ment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish Chat the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.4.12 The Architect shall prepare Change Orders and Con- stmction Change Directives, with supporting documentation and data if authorized or confirmed in writing by the Owner as provided in Pazagraphs 3.1 and i.3. for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Tune which are not inconsistent with the intent of the Gontraet Documents. 2.4.13 The Architect shall conduct inspections to determine the dates of Substantial Completion and final completion and shall issue a final Certificate for Payment. 2.4.14 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall he made with reasonable promptness and within any time limits agreed upon. When making such inter preGtiwas and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shal not he liable for results of in[emretations or decisions so rendered in good faith. ARTICLE 3 ADDITIONAL SERVICES 3.1 Additional Services shall he provided if authorized or con- firmed in writing by the Owner or rf included in Article 12, and they shall be paid for by the Owner as provided in this Agree- ment. Such Additional Services shall include, in addition to those described in Paragraphs 3.2 and 3.3, budget analysis, fmancial feasibility studies, planning surveys, envtronmental studies, measured drawings of existing conditions, coordina [ion of sepazate contractors or independent consultants, coor- dinatlon of construction or project managers, detailed Con- stmction Cost estimates, quantity surveys, interior design, plan- ning of tenant or rental spaces, inventories of materials or equipment, prepazation of record drawings, and any other ser- vices not otherwise included in this Agreement under Basic Ser- vices or not customazily furnished in accordance with generally accepted azchitectural practice. 3.2 If more extensive representation at the site than is described in Subparagraph 2.4.5 is required, such additional project representation shall be provided and paid for as set forth in Articles 11 and 12. 3.3 As an Additional Service in connection with Change Orders and Construction Change Directives, the Architect shall prepare Drawings, Specifications and other documentation and data, evaluate Contractor's proposals, and provide any other services made necessary by such Change Orders and Constrvc- tion Change Directives. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information, including a pro- gram which shall set forth the Owner's objectives, schedule, constraints, budget with reasonable contingencies, and criteria. 4.2 The Owner shall furnish surveys describing physical char- acteristics, legal limitations and utility locations for the site of the Project, a written legal description of the site and the ser vices of geotechnical engineers or other consultants when suck[ services are requested by the Architect. 4.3 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract llocuments. 4.4 The Owner shall furnish all legal, accounting and insurance anmsrling services as may be necessary at any time fur the Project, including auditing services the Owner may require to verify the Contractor's Applications fur Payment ur [o ascertain how or for what purposes the Contractor has used the money paid by the Owner 4.5 The foregoing services, information, surveys and reports shall be furnished at the Owner's expense, and the Architect shall be entitled nl rely upon the accuracy and completeness thereof. 4.6 Prompt written notice shall be given by [hc Owner [o [he Archirec[ if [he Owner becomes aware of anv haul[ or defect in [hc Project or nuncunformance with [he Contract Documents. 4.7 1'he proposed language of certificates or ccrtitications requested of the Architect or Architect's consultants shall he submitted [o the Architect fur review and approval at least 14 days prior to execution. AIA DOCUMENT 8151 • AHBREVIATEU OWNER ARCHITECT AGREEMENT • THIRD EUITIUN • AIA° • U 19H7 3 8151-1987 THE .4MF.RICAN INSTTTUTE OF ARCHITEC I'S, 195 NEW YURK AVENUE, N W'. WASHING'T'ON, DL. 211UIK ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Constmction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Constructlon Cost does not include the compensation of the Architect and Archltect's consultants, the costs of the land, rights-of--way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2J It is recognized that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accord- ingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from any estlmatc of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cust shall be established as a conditlon of this Agreemem by the furnishing, proposal or establishment of a Project budget, unless a fixed limit has been agreed upon in writing and signed by the parties hereto. Fixed limits, if any, shall be increased In the amount of an increase in the Contract Sum occurring after execution of the Contract for Cnnstmcton. 5.2.3 Any Project budget ur fixed limit of Constmction Cost may be adjusted to reFlect changes in [he general level o[ prices in the construction industry between the date of submission of the Constmction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limiq .2 authorize rehidding or renegotiating of the Project within a reasonable time, .3 T the Project is ahandoned, terminate in accordance with Paragraph H3; or .4 cooperate in revising the Project scope and quality- as reyuired to reduce the Construction Cost. 5.2.4 If [het )caner chooses [u proceed under Clause 5.2.4.4, [he Architect, without additional charge, shall mudif}° the Con- tract Documents as necessary to comply with [he fixed limit, if established as a alndi[ion of [his Agreement. The modificadun of Contract Documents shall be [hc limit of the Architect's responsibility arising out of the establishment of a fixed Wui[. The Architect shall he entitled to compensation in accordance with this Agreement for all services performed whether ur not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pazed by the Architect for this Project aze instruments of the Architect's service for use solely with respect to this Project, and the Architect shall be deemed the author of these docu- ments and shall retain al] common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connectlon with the Owner s use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owuer or others on other projects, for additions N this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropdate compensation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be constmed as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION part s to this Agreement arising out of or relating to this - ment or breach thereof shall be subleet to and decided azbi [ratio in accordance with the Constmction Indust rbitra- tion Ru s of the American Arbitration Association rrently in effect un •ss the parties mutually agree otherwl . No arbitra [ion arisin ut of or relating to this Agreement all include, by consolidatio joinder or in any other m- r, an additional person or entl nut a party to this Agree nt, except by writ- ten consent con fining a specific refere e to this Agreement signed by the Own r, Architect, and a other person or entity sought to be joined. onsent to ar ration involving an addi- tional person or emit hall not nstitute consent to arbitra tiun of any claim, disp e [her matter in yuestion no[ described in the written c nt. 'Che foregoing agreement ro arbitrate and other agree s ro arbitrate with an additional person ur entity duly co cote to by the parties to this Agree- ment shall be specific enforce le in accordance with appli- cable law in any co r awing juris ' •tion thereof. 7.2 In no even Il [he demand fur a itratiun he made after the date wh ~ stituuon of legal ore itable proceedings hased on s laim, dispute or other matte ~ question would be bane the applicable stamtcs of limitan s. 7.3 award rendered by the arbitrator or arbitr ors shall be fm- , - d judgment may be entered upon i[ in acax nee with ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party AIA DOCUMENT 8151•ARRREVIATEU OWNER-ARCHI'CELT AGRF.F.MENT•THIRU EU117UN•AIA® •U1)R? THE AMERICAN INSTITUTE OF ARCHITECTS, 135 NEW YORK AVENUE, N.W., WASHINGTON, U C 20006 6151-1987 4 fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the ter- mination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equit- ably adjusted to provide for expenses incurred in the intermp- tion and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without furher notice. In the event of a suspension of services, the Architect shalt have nu liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which aze directly attributable [o termination. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Con- tract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall he deemed to have acemed and the applicable statutes of limitations shall com- mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occuring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment fur acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contactors, consultants, agents and employees of [he other for damages, but only to the extent covered by property insurance during amswctioa, except such rights as they may have ro the proceeds of such insurance as set forth in the edition of AIA Document A201. General Con ditions of the Contract for Construction, current as of the date of this Agreement, The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their pazmers, successors, assigns and legal representatives to the other pary to [his Agreement and ro the partners, suc- cessors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instmment signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third pazty against either the Owner or Architect. 9.8 The Architect and Archftect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons ro hazattious materials in any form at the Project site, Including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense 3s dettned 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- ribotions 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 include expenses incurred by the Architect in the interest of the Project for: .1 expense of transportation and living expenses in con- nection with uutof-town travel authorized by the Owner; .2 longdistance communications; .3 fees paid for securing approval of authorities having Jurisdiction over the Project; .4 reproductions; .5 postage and handling of Drawings and Specifications; .6 expense of overtime work requiring higher than regu- lar rates, if authorized by the Owner; .7 renderings and models requested by the Owner; .8 expense of additional insurance coverage or limits, including professional liability insurance, requested by- the Ownec In excess of that normally carved by the Architect and Architect's consultants; and .9 expense of computer-aided design and drafting equip- ment time when used in connection with the Project. AIA DOCUMENT B151 • ABBREVIATED OWNER-ARCHITECT AGREEMENT • THIRD F,DITION •AIA•' • G 1987 5 8151-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1~i5 NEW YORK AVENUE, N.W., WASHINGTON, D C. ?WV(i 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An 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. 10.3.3 If and to the extent that the time initially established in Subparagraph I1 S.l of this Agreement is exceeded or ex- tended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subpazagraph 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 aze per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary es[imate of Construction Cos[ or detailed esthnate of Constmetion Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 10.4,1 Payments on account of the Architect's Additional Ser- vices and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation un account of sums withheld from payments to contractors. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect a5 follows: 11.1 AN INITIAL PAYMENT OF N/A Dollars ($ shall he made upon execution of this Agreement and credited to the Owner's account at fmal payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: pnser[ bass oJamepensatiorr, eMvdbeg slipu/ated sums. multiples or perceiduges, wul iderrt fv p/xsses ro u~bah par#cular met&u7s of cotnperrsufrcra apply, if rxcnssrr~eJ EIGHT & THREE QUARTERS (8.75) PER CENT OF THE PROJECT CONSTRUCTION COST 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: Quserl addiboruY Abases as appn,prrate.l Uesign Phase: THIRTY percent ( 3 ~ ) Construction Documents Phase: FIFTY percent ( 5 m/ ) Gons[ruction Phase: TWENTY percent( Z~/) Total Basic Compensation one hundred percent (100 % ) AIA DOCUMENT B751•AEBREVIATED OWNER-ARCHI'I'EGT AGRF.EMENT•THIRD EUITION•AIAm •©1987 THE AMERICAN INSTITUTE OF ARCHITEf;TS, ]735 NEW YORK AVENHE, N.W., WASHINGTON, D.f.. 20006 8151 -1 BB7 5 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall he computed as follows: N/A 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT provided under Article 3 or identlfled in Article 12, compensation shall be computed as follows: Qnsert basis uJ urmpermution, eududing rates and/or »˘dHples of Pircet Yersurmel FTp+wse for PrmGpa/s and ernplovees, and (dentl(y Prfnerpals and dgssi(j~ employees. ˘ requ[red. [dentifi' speufic sernses to wbsA pgrHadur me[brxts lJ+amperasa[Grn apply, !f necessary.! ADDITIONAL SERVICES SHALL BE BILLED ON THE BASIS OF $75.00/HOUR FOR ARCHITECT'S TIME 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering ser- vices and those provided under Article 3 or identified in Article l2 as part of Additional Services, a multiple of ( 1 . 2 5 )times the amounts billed to the Architect for such services. (Identifj' speufic types of muvdtants in Arhde il. iJ required-1 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Anicle 12 as Reimbursable Expenses, DIRECT COST OF the expenses incurred by the Architect, the Architect's employees and consultants in the lnterest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by [his Agreement have not been completed within WEL V E ( 1 )months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be cofi~(Sensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable THIRTY days from the date of the Architect's invoice. Amuunts unpaid N/A days after invoice date shall bear interest from the date payment is due 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. (/nsert anv rgte of Mterest agreed upou./ (!bury laws and requirements under the Federal %'rutb in le+ulinX Act, similar state and lu..a! consumer credit taus and other regulations at the owner's and Arebi- tect's prvnapal plates of busiruss, the luu or modifications, and also regarding requirements such as uvitten disclosures or waivers.) 11.5.3 The rates and multiples set forth for Additional Services shag be annually adjusted in accordance with normal salary review practices of the Architect. AU DOCUMENT 8751•AHBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA® •©198 THE AMERICAN INSTITUTE OF ARCHITECTS, 135 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B1S1-19B7 7 nRTIaE ~ z OTHER CONDITIONS OR SERVICES (insert descriptions of otber serrates, rderrtiJ)~ Additiomd S'ervices' included utithin Rasic L'umpensalion mu! mtuGfimtiwu to tbe payment and cumpertiatiou terms included in Ibis A/,rreemenC/ N/A This Agreement entered into as of the day and year first written above. OWNER (Sigrwture) W. G. STACY, COUNTY JUDGE COUNTY OF KERR (Printed name arut title) W G.~ ARCHI T ~~ ~~ (Signatum) REUBEN E. BOHNERT, OWNER AU DOCUMENT 8161 ~ ABBREVIATED OWNER-ARCHITECT AGREEMENT ~ THIRD EDITION ~ AIA® ~ ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B7 S7'7987 B (~ ~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: W.G. STACY OFFICE: couNTY JuDCE MEETING DATE: DECErrBE>~p$, 199z TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consideration and approval of Architect Contract with'Ruben Bonhert relative to the Juvenile Detention Center and authorize the County Judge to sign same. EXECUTIVE SESSION REQUESTED: YES PLEASE STATE REASON FOR EXECUTIVE SESSION NO _; __ ESTIMATED LENGTH OF PRESENTATION: PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: county Judge Time for submitting this request for Court to assure that the matter is posted in accordance with Article 6252-17 is as foliows: * Meetings held on Monday: 12:00 P.M. previous Wednesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON : ra ® All Agenda Requests will be screened by the County Judge's Office to determine if adequate information 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.