ORDER NO. 20901 APPROVAL OF CONTKACT L9ITfi DI STi;PHANO/ SANTROPETRO ARCHITr;CTS, INC. AND AUTHORIZATION OF THE COUNTY JUUGF,'S SIGNATURE On this the 27th day of April 1992, upon motion made by Conunissioner Holekamp, seconded by Commissioner Oehler, the Court UNAtdIMOUSLY APPROVED BY A VOTE OF 4-0-0, to approve the Contract with Di Stephano/ Santropetro and authorize the County Judge to sign the contract submitted. .. T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S AIA Dt7cum˘nt li191 Standard Form of Agreement Between Owner and Architect 1987 EDITION 711/S DOCUMENT HAS IMPORTANT LEGA/_ CONSEQUENCES; CONSULTA770N lG'ITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMP/,RTION OR MOD/FICA770N. AGREEMENT made as of the ~Y of April in the year of Nineteen Hundred an Ninety Two BETWEEN the Owner: KERR COUNTY COMMISSIONERS COURT (Name and aAAress) Hon. W. G. "Bill" Stacy, County Judge Kerr County Courthouse Kerrville, Texas 78028 and the Architect: DI STEFANO/SANTOPETRO ARCHITECTS, INC. (Name arrA aAArrss) 10260 Westheimer, Suite 390 Houston, Texas 77042 For the following Project: (/rrclnde Aelnllyd AescHpNan nJ IMnfrrl, Ir>cnffnn, aAArev anA sm/1e.) Architectural services for the DESIGN AND CONSTRUCTION CONTRACT ADMINISTRATION of the ADDITIONS TO THE KERR COUNTY JAIL AND COURTHOUSE, located in Kerrville, Texas. The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967 19711, 1974, 1977, ®1987 by The Amalcan Institute o! Architects, 1735 New Vork Avenue, N.W., Washingron, D.C. 2(x106. Reproduction or the material herdn or substantial quotation or its provisions without written permission of the AIA violates the copyright laws of the United Statcs and wtll he subbed to Icgal proucutlon. AIA OOCUM[NT S/~1 ~ OWNER~ARCIIITECT AGREEMENT ~ FOURTEENTH EDITION ~ AIA • 01987 THl AMERICAN INSTITUTE OF ARC/1ITlCTS, 1735 NP.W YORK AVENUE, N.W., WASHINGTON, A.C. 1(10(16 Bt(t~•~987 i TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE i ARCHITECT'8 RESI+OI 1.1 ARCHITECT'S 8ERVICEB 1.1.1 The Architect's xrvkea consist of thine xrvkcs per- formed by the Atdlited, Architect's empbyees and Architect's consultann m enumerned M Artktes 2 and l o(thb Aglmnrnt and any other servlce6 Included In Artkk 12. 1.1.2 The Architect's xrvkes shall he perbrmed as exptdl- tbwly >, N consistent with profesabnil skill and me and the orderly progrttls of the Work. Upon tegtlest o/the Owner, the Architect shill submh for the Owner's approvil a schedule for the performance of the Architect's xrvkes ahkh may be adjtuted as the Project proceeds, and shall Include albwances for perlocb of time required for the Oaner'a revka and for approvil of submissbns by authoritks having jurisdktbn over the Project. Time IMitl dtabltshed by thb scheduk approved by the Owner shatl not. except for nxsotnble tune, be exc'Ceded by the Archhect tN Owner, 1.1.a T'he xrvkes covered by this Agreement ue subject to the tMe Smknk>ns contained In Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES Z,1 bEFINITION 2.1.1 The Archked's Bask Services consist of thox dexribed In Paragraphs 2.2 through 2.6 and any Cher xrvkes kicntifkd M Article 12 b part of Basle Servkes, and inchfde normil struc- tural, mechanlcai and ekcttical engineering xrvkes. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 Trie Archltea aha8 revkw the program fifmished by the Owner to ascertiln the rcqullements of the Project and sha8 arrive at a mutual underotanding of such requlcemrnts with the Owlur. 2.2,4 Tfie Architect shill provide a preliminary evaluation of the Owner's program, schedule and constnxtbn budget requirements, each M terms of the triher, subject to the ibnlta- tbns set forth In Subparagraph 5.2.1. 2.2.3 The Architect shall trwkw with the Owner iltemative approachp to design and constructbn of the Projttt. 2.2.4 Based on the mutually agreed-upon Program, scheduk and constttrctbn budget rctjulremenu, the Archketl sha0 prepare, for approval by the Owner, Schematk Design Docv- mrnU consisting of dnwMgs and other tkxumrnts Ilitutntbg the soak and rclatbrlsMp of Project componenW. 2.2.6 The ArcMted shall submit to the Owner a prcifminary estimate of Constructbn Cwt based an clrrrrnt area, volume Ot other unk txats. 2.3 DESNl11 DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustenenta authorised by tlx Owner in the program, schedule or consttuctton budget, the Architect shall prepare, for approval by the Owner, Design Development Dcxamems consistkrg of drawings and mher drxuments to fix and describe the aV.e and charxter of the Project as to architectural, stmc- turil, mtthankal and electrical systems, materials and such other ekmenW as may be approprhte. 2.3.4 The Architect shall advlx the Owner of any adjustments to the prcllmbary estimate of Constnlctbn Cnst. 4.4 CONSTRUCTION DOCUMENTS PHASE 4.4.1 Based on the approved Design bevelopment Docu- mems and any further adjustments in the scope or quality of the Project or In the constmctbn budget authoriud by the Owner, the Archltecl shall prepare, for approval by the Owner, Constructbn Documents consisting of Drawings and Spttifica- tbns xtting forth in detail the rcquhemems for the construc- tkm of the Project. 4.4.! The Architect shall assist the Owner In the preparation of the necessary bidding Information, bidding forms, the Condl- tbns of the Comrxt, and the form of Agreement between the Owner and Conlractot. 2.4.3 The Architect shall advix the Owner of any adjustments to prcvbw preliminary estimates of Conswctkm Cost indf- nted by changes M rcquhements or general market condlNons. 4.4.4 The Archhect shad assist the Owner in connection with the Owner's responslbllRy for filing documents required for the approval of govemmrntil authorities having jurisdiction over the Project. 2.8 BIDDING OR NEGOTIATION PHASE 4.8.1 7'he Archltttt, following the Owner i approval of the Constnxtlon DoeumenW and of the latest prcltminary estimate of Constructbn Cwt, shall assist the Owner in obtaining bids or negothted propwals and assist In awarding and preparing contrxn for constnlctfon. 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responslAllity to provide Basic Services for the Constroction Phase under tbN Agrcrmcnt commcnres with the award of the Contract for Con.etnle-don and tennl- nates at the earlkr of the Issuance to the Owner of the Nlil Certificate for payment or 60 days after the date of Suhsrnn- Nal Compledon of the Work. 2.5.2 The Archltecl shall provide administration of the Con- trxt for Constructbn as set forth below and In the edition of AIA Documrnt A201, General Conditions of the Contract for Constroabn, currrnt as of the date of this Agreement, unless otherwise provided In this Agreement. 2.e.a Dltrin, responslbllltlessnd Ilmltations of amhorlty of the Architect shah not be restrkted, modified or eztrnded without written agreement of the Owner and Architect with conxnt of the Contractor, whkh conxnt shall not be unreasonably withheld. AIA OOdlMEtR d/t1 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH ED1710N • AIAA • 91987 THE AMERICAN INSTIIVTE OE ARCHITECTS. 17ls NEW TOAK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-i1f®' 2 2.8.E The Architect shall be a cepresenutive of and shall ulvlse and consult whh the Ownec'(y du[fng constructbn untU foul payn)ent w [he Conuactor is due, and (2) a5 N Additbnal Ser- vice s the Owner's dtrecdon from time to time during the cot region period described b the Contrxt foe Cutstcuctbn. The Archi[ea shall have authorky to act an behalf of the Owner only w the extent provided let dILR Agreement artless otherwise modified by written Wtruntent. 1.5.5 'fhe Architect shall visit the site u intervals approprlarc w the stage of cunsututfon or y whuwise agreed by the Owncc utd Architect in writing to become generally famUiar wUh the progmss and yualfly of the Work completed and tq dctermbe m general U the Work is being performed !n a [nor nu ktdicalktg that the Work when completed wW be In ucor- da1rCC WUh lire COn«aCt ODeDn)ents. llUy/CVCr, dte Architect shall nut be rcyuked w make exlutastlve or continuous on-site uupectluls w check dte yuaUty oc yuandty of the Wurk. On the basis of oo-site observatk,ns as an orbiter{, tht Nchkect sh:Jl keep the Owner Infoarted of the progress and yuahty of the Work, and shall endeavor w guard the Owrrer against defects and d(:ficiencies in the Work. (Afurtr ea:/ersUre sJle nprrsemtaliun u+uy be rrgrevd /u ru un Acfrlilioaul Sen•lce, rAs described in Yuargrupb 3.2.) 2.8.6 The Architect shall not have conuul over or [huge of and shall not be rcspulsible fro constcuaWO meats, methais, lechniyuu, SC(1ue11CC5 Or 1)rUCC(IU/CS, or fur safety prcraplWns and programs in cunnn'tion with the Wurk, skxe {fuse ue safely the Cuuuaeu)r's reslwlsibdlty under the Gomrxt fur G>nsuuctiun. The Architect shall not be ruporsible fur the Cunr[acn)r's schedules ur fallurc to cury out the Wurk b xcut- dance wkh the <:unux[ Ducwnents. '1'hc Nchitect shall not have txnuw4 over ur charge of xts or ontisslons of the C(mtnle- WC, $UbCUH«AClUfS, or {hell agents or employees, w of any other pc[a,ns pecl'urming portions of the Wurk. 2.8.7 "1'he Architect sh:dl a[ all times have access w dtc Wo[k wherever it u in pnpacudun or progress. Z.B.B Except :IS may o[huwlse be provided Irl the Contract [k)cuments ur when dirccl communicuWns have been spe• cial{y authuri2ed, the Owner and Cumrxwr shall communicate through Are Architect. Cummlmlcatlons by :mJ with the Nchl- tect's consuhalus shall be through the NchUed. 2.8.8 If:ucd un the Architect s ubucvatiuns and cvrluatiuns of the Cuutracwr's Applicaliuu5 fur Payment, the Nchiect ah:dl review and cenify the amounts due the Comrxtw. 2.8.10 "fhe Architect's cenificatlon for payment shall consti- wtc a rcpresentatiun to the Owner, based un the Architect's ubscrvatium a the site as provided in Subparagraph 2.6.5 and un dtc data cumprisiug the Cuntracwr's Appltca[bn for Pry- o)cnt, dot nc~ Work h:u progresxd to the point Indirated and that, w nc~ list of nc~ Architects knowledge, ktfunuatbn and belief, yualip• of the Wuck is iu xcwdartce with the Contract Uucuntents. 'fhe foregoing cepraxnutk,ts art: subject to an evaluation of die Wurk fur cunfumvurce with the Cunlrut [h)cuntcnls ulwn 5uWlantial Cumpletkxt, lu cesuts of subse- yuax Ics/s :utd inspecdults, to minor tk:vkttkus from the Coo- art Uucunlents correctable prior to nmtpletbn and w spe- cilie yualilicatiuns cxpresxd by [hc Archiaa.'flu: fsswnce of a Cullficale fur Paynlcm shall further corsthutc a rep[esemation than the Cunuacu,r is cnddcd a) payment ID dte mnomn ccnl- Ilnl. Iluwevcr, the lssuauc˘ of a Cenificale fix Payment shall out be a rcprexotadun Drat the Arcbitcn bas (q made exhaus- tive or condnuuw unshc Inspetsions w check the quality ur quantity of the Work, (2) revkwed constcuctbn mrans, meth- ods, technlyues, seytlences or procedures, (3) revkwed cupks of requlsltlons received from Subcontrxtors and m:ttcrW sup-, plkrs and other data requested by the Owner to substamUte the Contrutor's right to paymem or (4) ascenalned how or for who purpose the Conlrxtot has used mortey prevWusly paid on xcount of the Contrxt Stlm. 2.8.11 The Nchitect shall have authod[y to reject Work which dues not conform to the Conuxt Cocumems. Whenever [he Nchtect considers U Mcessuy~or advisable for implementa- tion of the Intent of the Contract Documents, the Nchitect will have authorhy w require a(klitfottal inspeakm or [esting of the Work !n xcordance with the provisions of the Contract Docu- ments, whether oc not such Work is Eabrkated, kstaUed or compkrcd. However, neUhcr this audtorhy of the Nchircct nor a tkcislun made b good faith either b exercise or not w exec cis such authorUy shall give rise w a duty or responsibdhy of the Nchlcect to the Contrxlor, Subcoptactors, tnuuW and equipment suppllers, thek agenu w empbyees or other per sons performing ponWrs of the Work• 2.8.12 The Nchitect shall revkw and approve or take other appropriate xcbn upon Comrutoi s submittals such as Slwp Drawings, Product Data and Samples, but only for the lin)ited purpose of checking for confwmance with informatwn given and the design cuttcept expcesse4 b the Contract Documents. 7-he Architect's action shall bl: taken wkh such reasonable prompmoss as w cause no ekaay Ut the Work or In the a,n- stnlnlun of the Owlier or of xparatc cuntrxtocs, while a{bw- btg suflicicm tkne b the Architect's professional (udgltxnt to permit atkywte rcvkw. Revkw of such submUtals is rttm c~n- ducted fur the purpusq of determUtkgl the xcwacy and cony pleteness of other dctads such as dUnensbrs and gllandtks o[ fur substwHLtwg InMrunbns for kuWbfwp or perforln:utce of cyuipmcnt ur systems drslgrted by the Contrutor, all of which remain the responsibility of Ule Contractor w the, extent reyuUed by the Cunuact Ducunrcnts. The ArchUect's review shal{ not cotstittne appfval uF safety precautions or, unless mherwise specifjcagy stated by the Nchitect, of constructbn mrans, methods, techniyucs, seyuences or procedures. The Architeci s approval of a spediic item shall no[ bdlrue approval of ut assembly of which the item is a component. When professbtral cenificatbn of performance charuterlstks of materiels, systems uc cyuipmcnt is reyuhed by the Contract [kx'uments, dte Archtect shall be entitled to rely upon such cenificatiun to establish dru die matcctds, systems ur eyuip- /m:pt wW meet the performance uhuia required py the Cun- trut puclrrnents. 2.8.18 The Nchitect shall prepare~Cllange Orders and Con- struction Change Directives, with supporting ducumentadon an(1 tiara If (kelneJ necessary by the Nchitect u provided U) Subparagcxphs 3.1.1 and 3.3.3, fur the Owner's approval and CXCCUIbR k1 xCOldanet with the Contrxt Documents, and may authorize mina[ changes In the Wurk not involving an adjustment In the Contract Stun w an extenswn of the Contract 'I'Imc whleh are mx Incort;lstent with the intent of the Contran [k,cumens. .. ,. 2.8.1 The Architect shall conduct Uspectbrs to determine the date or dates of Substamial Cumplalon and the date of final cumplerbn, shall receive utd furwud to the Owner fur the Owlni s review and recwds wduen wurantks arW rclued (k,cunums reyuired 6y the (:tanrxt Wcumenls and asxm- bled Ay du t:tmtrutcx, and sha11 issue a firul Cettihrate fur Pay- ment up(m compliance whh the requirements of the Contact Documents. AIA pOCUYENT 8111 ~ OWNER-ARCI/ITEGT AGREEMENT ~ FOURTEENTH EDITION ~ AIA~ r ra IS+E7 3 841-1 ~7 l'IIN AMERICAN IN5'1'1'1'UTE OF AN(:IIITEGTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2rKIW 2.6.15 The Architect shall bterprct and decide matters wn- cerning performance of the Owner and Contndor tmder the requlremMls Of the Concoct DoctrrrtMLa ort wdttM request of either the Owner tx Contractor. The ArchltM's response ro ouch requests shall be made alth rcatonabk promptness and withln any time limits agreed upon. 2.6.16 integrrctatbns and daisbns of the Archltttt shall he consistent with the Intent of anJ teatonahly Inknhle fmm the Contract Documents and shall he In wilting or In the form of drawings. When makbg such Interpretatbns and Initial deci- sbns, the Architect shall Mdnvor to secure faithful pttfor- mance byboth Gantt and Ccmtnctor, shah nm show panlality to either, and shall not be liable for resulu of Interprctatkms or decisions so rendered M good faith. 2.6.11 The Archhed's dedslons on matters relating to aetthe- tk eRect shall he 5nal If conststmt wtth the intent expressed In the Contract Documents. 2.6.16 The Archhect shall render wdttM decisions withln a reasonable tkne on all Balms, dNputes or other matters in ques- tion between the Owner and Ctmtractor refatMg to the execu• tbn or progress of the Work as provided In the Contract Documents. 2.. ArchitM's dedskms on claims, ills ter matters, Inclu a In questkm t to Owner and Contractor, except fort ~ I to xsthetle effect as pro- vided in Su .6.17, shall to arhitratbn as r n this Agreement and In the Contras cots. ARTICLE 3 ADDITIONAL SERYICES 3.1 GENERAL 3.1.1 The xrvkes desedhed in this Article 3 arc not Included In liatk Servkes unless so Identlfled In Arttcie 12, and they shag be paid for by the Owntt as provided In this Agreement, In addltbn to the eompensatbn hx iSask Services. The services dcacrltxd under Pangnphs ;1.2 and ).4 shall only be provided If authorhxd or mnRrmed In wrltMg by cite Owner. It servkes tiescrlhed under Contngent Addltbnal 9ervkes In Pangnph 3.3 are required due to circumstances beyond the Architect's mntml, the Architetl shall notify the Owner prbr to mm- mcndng such services. If the Owner dttms that such services described under Pangnph 3.3 are nut required, the Owner shall give prompt written notitt tv rite Architect. if the Owner indintes In aHting that all of part of such Contingent Addl- tbnal Servces art not requlrtd, the Architect shall have no obll- gatbn to provide those servkrs. 3.2 PROJECT REPRESENTATION BEYOND 9ASIC SERVICES 1 If more extensive reprcscntatbn al the site t s descr in Subparagraph 2.6.5 Is required, the Ar t shall provide more Project Representatives t ist In prry- Ing out such a nal on-silt respon/sibJli s. 3.2.2 Project Represents sl RTx selected, employed and directed by the Architect, rchltect shall be rnmpen- sated therefor o-a a by the O and Architect. the darks, respcrosl and Ilmitatbns of rity of Projcn Represent shall be as describxd In the e n of AIA [xx t A352 carrrnt r of the date of this ARreemer less 3.. ugh the ohservatbns by such taUves, the shall endeavor to Dto] lbn for the Owner ag1 but the famishing of modify the righ as de a sewhere nsihnltks or ornig~ in this Agreement. hher pmtec- Inthe Work, m shall nm the Architect 8.g CONTRYQErfT AOOIT10NAl 8ERYICE9 1 Making rcvisbns In Dnwlnlts, SpeclRcations or vments when such rcvlskms are: Inctmslatent whh approvals or instroctions vlously vM by the Owner, Including revisions ade heces- sar by adjustmrnts In the Owner's ram m Proj- ect ht cr, .2 required the enactment or r Isfon of codes, laws or rcgtdatlo subsequent to a prepantlon of such documents; o .3 due to changes rc r as a result of the Owner's (ail- urc to render decl in a timely manner. 3.3.2 Providing xrv s required ecause of signiflcam chmges in the Pro Including, but n limited to, she, qual- ity, complexity, Owner's schedule, or a method of bid- ding or negotl g and contnRing for constr lion, except for servkes rc ed tmdtt Subparagraph 5.2.5. 3.3.3 P paring Dnwingt, Specigcations and other xumrn- tatb and supponing data, tvalaaHnq Contractor's pn sale, a providing other services In connection with Ch gc tilers and Cnnstmction Change Directives. Providing subsli- tvtlon3 proposed by the Contractor and making subsequent revisions to Drawings, SpedRcatlons and other documentatbn resulting therefrom. 3.3.5 Pntvfdfng nmsultatbn mnccrning rcplacemcnt of Work damaged by Rre or other cause during amstmctioq and hv- nkhinq services required M connedfon with the replacement of such Work, 6 Provlding services made necessary by rite defauh of Con tor, by major defects or deficknclcs In the 1Vor the Contra or by tatlure n(performance of either th wntt or Contndor der the Contract for Constntctin 3.3.7 Provlding s lees In evaluating an tcnsive number of shims submltled by Contractor olhen In connectbn with the Work. 3.3.6 Provlding services V nn tion with a public hcadng, arbltntlon pnxeedin legal pr< cling except where the Architect to party cto. 3.3.8 Prep g documents for alkrnatc, sepa . or snpteatial bids nr viding services In connection n•ith hirir , ncgoUa- tlon conslmetlon prior to the completion of the t. stmc- n Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.2 Providing Onandai teasRrtiity or other special studies. 3.4.3 Pmvldidg planning surveys, site cvaluatlons nr com- parative amdks of prospective sites. AIA DOWMEM t11N ~ OWNP.R~ARCn1TECT AGRCxMlM ~ FOURT!lNTH lDITION ~ AIM ~ 01987 TB! AMlRICAN IPtstITOTE OP ARCxiTlCTS, 17jS trlrr YORK AVLm1R, N.A., rDASHtNtrl'ON, b.C. t00n6 8141-1957 4 3.4.4 Provklutg specW surveys, envkonnlental studiee and submksions «yWCed fur approvah of governmental aurhorkles Or OIhClS haVing tGfLSdklkm OVC[ Ibe P(OfCCt. servces relative to future and eyulpme 3.4.0 Pruvidhtg services to exlstklg conrlltWns or facilitlcs ur w make ms';ICU tits blltrrhereof. 3.4.7 Pr ti"g scrvkrs w verUy the ucuracy btgs or c formation furnWled by the Owner. 3.4.5 Providing coorrlinatlon of constmctiun pedumted by sep:uue contractors or by the Owner's own forces and ccrordi- natkrn of services required in connection wkh constructbn perfunned :rod eyulpmem supplied by the Owner. 3.1.0 Providing services N connectim wkh the work of acon- uructWn manager or sepua« consuUanu retained by the Owner. 3.1.10 Pcovlding detatkd estknates of Construction Cost. 3.1.11 Providing deviled yuantlty surveys or Invenwdes of material, equipment urd labor. 3.1.12 Providing analyses of owning and opecating costs. Providing interior design and other skrdlar , require in connection with the sekctb auelnent or installation o re, furnsshen - «bted cqulpmem. 3.1.14 Providing servk tenan[ or rental space. 3.4.15 M Investigarkrns, inventorks of or egWp- n r valwlkms and detailed appraL~als of exW41g 3A.16 Preparing a set of reproducible record drawings show- ing signiflcalu changes N the Work mark: during constcuctbn based an marked-up priors, drawings and other data furnished by the Contractor to the Atchi[ect. .17 Providing assistance W the utlliratkm of equipment cyst such as testing, adtustkrg and balancing, pre of uperatlo • td maintenance manuals, trakting pe noel for upcradun an talntclwux, and conwlatbn d g opentbn. 3.1.15 Providing ~ •rvkes of«r Issuarrce the Owner of the [Ural Cecrificate tut P• eat, or {n t Bence of a W7a1 Cer- tificate for Payment, rout ys after the date of Sub- slautial Complctiun of the 3.415 Providing serv of mllsu is for other than archF tecwrai, strucwnl echaniral and ek engineering por- tions of the Pr ct provided as a part of B Services. 3.1.20 viding any other servces not otherwise lulled W this grecnrent or nut cusromarlly (uutished let arc e th generally accepted architectural pracdcc. ARTIC4E 4 OWNER'S RESPONSIBIlIT1E8 4.1 The Owner shall provide full informatbn regarding requirements for the Project, ineWding a program whkh shall set forth the Ownei s objecdvcs, schedule, constraints and cd- teria, )ncluding space requirements and relationships, fkxl- bility, expandability, special eyulpment, systems and sUe mquirements. 4S The Owner shall tauabUsh and upda« an overall budget for the Project, Includkg the CorWrtlcgon Coo, dlc Owner's other cows and reasonable contingettcks reyated to all of dtese costs. 4.3 If requested by the Architect, the Owner shall furnish eW- dence the fklancW urangements have been made to fulfdl the Owner's obligatklns under thk Agreement. 4.1 The Owner shall designate a rcprescnmdve authorized to act ott the Ownei s behalf wllh respect to the Protect. The Owner or such authorizrd represenadve shall render decisbns Ina [knely manner pectakWvg to documents subndtted by the Archltea h orrkt to avoid tmreasonabk deby N the orderly and sequentW progress of lire Acchltect's servku. /.6 The Owner Shall fumWl surveys rkscrlbing physical chanctedstles, legal Bmlutlons and utility kxadons for the sl[e of the Protect, and a wdaen legal descdp[km of the site. The surveys and legal informukm shall include, as appUcabk, grades at14 Unrs of streets, yUeys, pavements and adjokwlg propcny arid structure;; adjacent draktage; rights-of-waY, resuktkms, easements, encroachments, zoning, deed restrk- Uons, bounrfuks and wmours of the bt«; kxarkxts, rWnen- sons and necessary data pertaklklg to exlstklg buUdktgs, other Improvements and [tees; and Information concerning available, WUIry eervkts and Wtea, both pubhc and private, above and below grade, including inverts and tkpths. AU the Information on [be survey shall be referenced ro a pcotea benchmark. 4.5 The Owner shall furnish the servces of geo[echnkal engl- ncers when such servkea ue requested by die Archkea. Such servkes may include but are not Umited to test borings, test plea, dererminatkms of Boll bearing values, percolation tests, evalwtlons of hazardous materials, ground corrosion and «sis- tlvlly «su, Including accessary openrlons for antklpadng sub- soU condhiotu, with reports and appropriate professional recommendatbns. 4.5.1 The Owner shall ftunish the servces of other consW- rants when such servces are reasonably requtred by the srnpe of the Project and are requested by the Architect. /.7 The Owner shall futrtlsh structunt, mechanical, chemical, ale and weer poOmWn tests, tears fur hazudous materials, and othu laboratory atW envholrlrunwl tests, bupectlons and reports requtred py law ur the Contract Doctunents. 1.5 The Owner shall furnish all legal, accounting and Insurance cou115eWrg scrvkcs as may be necessary u airy time for the Protect ktcluding auditing servk'es tbe Owns may require to verify tAe Contrxtor's AppUCatkms for Payment or to ascertain how or for what purposes the Contrxtor has used the money paid by or on behalf of the Owner. 1.5 The servces, Informatbn, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished err the owner's expense, and tht Architect shall be endtled to rely upon the accuracy and completeness tbereof. ' 4.10 Prompt written rtotke shall be given by the Owner to the Architect iF the Owner becomes aware of any fault or defect In the Project or rwnconformance whh the Contract poctunents. 4.11 The proposed ~SuaBe of ceni0ra«s or cerd(katkms requesleQ of the Architect o[ Archkect'e consultants shall 6e submlued to the Architect for revkw and approval u least 14 days prior to executkm. The Owner shall nor rcgttest anUicr turns that would requre kltowkrlge or services beyond the scope of this Agreement. AIA Dl1CUlf/H1 ~1~1 ~ OWNBR-ARCHITECT AGR88M8N-f ~ POURT88NTH eDITION ~ ANA • 01987 S fl141-1857 Tt/flAMERICANINSTlTUT80PARCHITeCTS,17)SNBWYOIUtAVPNUB,N.W.,WASHINGTON,D.C.aooov ARTICLE b CONSTRUCTION COST 8.1 DEFINITION 5.1.1 The Conswdbn 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. 6.1.2 The Construction Cost shall Include the cost at current market rites of labor and rnatedab fumbfied by the Owner and equlpmem designed, apedfkd, selected or spechlly provided fur by the Architect, plus a reasonable aflowantt for the Cam uxwr's overhnd and profit. in addltlon, a reasonable a11uw- ance fur cuntingencks shall he Included fur market nmdkfons at the thne of bidding and for changes In the Work during constructbn. 6.1.3 Constnrctbn Cost does rim include the compensatbn of the Architect and Architen's consuhants, the costs of the land, rights-of-way, financing or otter cosu+ whkh arc the respon- sibUiry of the Owner as provWed b Ankle 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION C08T 6.2.1 Evaluatbns of the Owner's Project budget, preliminary estimnes of Constructkm Cost and detailed estlmata of Cam stmcNan Cost, i[ any, prepared by tfie Archtrttt, represent the Architect's best judgment as a design professional famUlar with the cons[mctlon industry, It b recognized, however, that nei- ther the Architect nor the Owner hu control over the cost of labor, materials or equlpmrnt, over the Contranor's methods of determining bid prkes, or over cotttpetit(ve bidding, market or negotlatmg condltlons. Accordingly, the Architect cornet and does not warrantor represent that bids or negaiued prkes w111 not vary from the Owner's Project budget or from any estimate of Constructon Cost or evaluatbn prepared or agreed to by the Architect. 6.2.2 No fixed Ilmit of Constnictbn Cost shall bt established as a condhbn of this Agreement by the furnishing, proposal or csnblishment of a Project budget, unless such flxtd Umit has been agreed upon b wdting and signed by the yanks hereto. If such a Rxed Ilmit hu been established, the Architect shall be permitrcd to Include contingrncks for design, bidding and pritt escalation, ro determine what materL•rls, equipment, com• portent systems and types of constnrcdun are to be Included to the Comnct l7txuments, to make rcaxmable adjustments b the scope of the Project and to Include In the Contnn Docu- ments ahernatcbids to adjust the Constructon Cost m the fixed Ihnk. Flied IlnNls, If any, shall be Increased b the amount of an Increase in the n for Bulc and Additkmal Scrvk'ea earned m date If tcrminubn occurs during the Design Ixvelopment Phase: or .9 Five perttnt of the total compensaton for Bulc and Additonal Servkes nmed to date if termination occurs during any subsequrnt phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unkss otherwise provWed, this Agreemem shall be gov- erned by the law of the principal Platt of business of the Architect. 9.2 Terms m this Agrttment shalt have the same meaning as those in AIA Document A201, General Conditions of the Con- tnct for Construction, current as of the date of this Agreement. 9.3 Cause of xtlon between the panics to [his Agreement pertaining m acts or failurd to act shall be deemed to have accrued and the applicable statutes of Ilmhatlons shall com- mrnce to run not later than either the date of Subsnntial Com- pletion for xrs or failures to xt occurring prior to Sufstantial Compktfon, or tfie dale of issuance of the Bnal CenlBcate for Paymem for sett or (allures to ut occurring a0er Substantial Compktkm. 9.4 The Owner and Architect waive all rights against each char and against the tbntractors, rnnsultants, agents and cmpbyeu of the other for damages, but only to the extent mv- ered by pmpeny Insurance dunng rnnstrunlon, eXttpl SUCII rights as they may have to the pnxeeds of such Insunnce as set forth In the editkm of AiA Tkxvment A2Di, Genenl Condhlons of the Ccmtncl for Constructon, current as of the date n(this Agreement. The Owner and Architect exh shalt require similar salvers from their mntrutors, consultants and agents. 9.5 The Owner and Architect, rcspec[Ively, bind themselves, [heir partners, Successors, assigns and legal represenntives to the ether party to this Agreement and to the partners, Succes- sors, assigns and legal representatives of such other parry with respect to all covrnams of this Agreement. Nchhcr Owner nor Architect shall assign this Agreement without the written con- scnt of the other. 9.8 This Agreemrnt represents the entire and Inrcgnted agree- mem between the Owner and Architect and supersedes all prbr negothtbns, representatbns or agreements, either wdt- tcn or oral. This Agreement may be amended only by wNtten Instrument signed by both Owner and Architect. 8.7 Nothing contained In this Agreement shall create a contrac- tual relulonship with or a cause of actkm in favor of a third party against either the Owner or Architect. 9.d Unless otherwlx provided 1n this Agreement, the Architect and Architect's consultants shall have no responsibik[y for the discovery, presence, handling, removal or disposal of or exp~- sure ofpersons tohazardous materials In any form at the Pnrtect site, including but con kmlted to asbestcu, asbestos Products, polydtbrinatcd hiplxrtyl (PCB) or ether toxk substances, 9.9 The Archkect shall have the right to include reprcsenta- tMns of the design of the Protec6 including photographs of the exterkx and imerfor, among the Architect's promotWnal and professional materials. The Architect's materials shall not Include the Owner's ttm8dentlal or pntprktary ktfnrmatkm if the Owner hu prevWtrsly advised the Archkect In welting of AIA DOCUMENT X111 ~ OWNEa~ARCNITECT AGEEEMENT ~ POUaTEENTFI lDITtNr • AtA~ • ~ 19a7 ] 9141-119e] TIIE AMERICAN INSTITIr'E OP ARCHITECTS, 17s7 NlVr YORK AVENUE, N.w., wA3111NGTON, D.C. ZMEK the specific information considered by the Owner to be mnR• dentlal or propdetary. The Owner shalt provide professonal credit for the Architect on the construdbn sign and In the pro- motional materials for the Pro)ect. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICEA t 10.3.2 Subsequent paymrnts for null Services shsR-be-mRCk shall he in proponkm to scr ARTICLE 10 vices performed whhin each phase of xrvice, on the basis set forth In Subparagraph 11.2.2. PAYMENT8 TO THE ARCHITECT 1 DIRECT PERSONNEL EXPENSE 10.. Direct Personnel Expense Ls dented ~ the reel salaries f thc*Archittttb perscrnncl engaged nn the Pro ct and the port) of the cost of their mandarory and alaH wry crm- vlhutlons d bene0ts related thereto, loch x nploymcm taxes and nt statutory employee hene0ts, sorance, skk Leave, holidays, catbns, pensions and sl r comrlhotbns and bene0ts. 10.2 REIMBURSABLE EXPENSE 10.2.1 Reimbursable Expe s In addition to a+mpensa- tbn for nark and Additk+na rvices and Indvdc expenses Inmrred by the Architect a A tltect's employees and mn- suhants In the interest of t Pm)ec , s kkmincd in the fOlkrw- ing Clauses. 10.2.1) Expense transportation in nnectlon with the Project expert, n mnnectkrn with auth ized oubof-town travel; Fong-elf nee communkations; and f id for secur- ing approv (authorhles having Itlrisdktbn ov the Pro)ec't. 10.2.1.2 xpense of reproductions, postage and h filing of Draw , SpedOcatbn3 and other doctlmmts. 1.3 If authorized In advantt by the Owner, Ime work requkfng higher than regular rates. 10.2.1.4 Expense of ten(krMgs, moclefs and mock-tips rec˘restttl by the Owner. 10.2.1.5 Expense of addhlOnat Insurance coverage or limits, including professional Ilahllity imurancq requested by the Owner In excess of that normally carrkd by the Architect ancf Architect's conaultanta. 3.3 If and to the extent that the Hmc Initially cstablishc Su 11.5.1 nt thh Agleemrnt N exceeded ore sled through fauh of the Architect, compensation any ser- vkes render during the additional period me shad be computed In the once set forth In Sob ,graph 1 I . i.2. 10.3.4 Whcn compen.. m Ls base rn a pcrccntagr of Con sttuctlon Ctrtt anJ any IrtH the Pro)cct arc dcickd or Otherwise not constnlctnl, r s:ltlon for those portions of the Pm)ed shall be Ie to th xtcnt services arc per- formed on those ens, In accordant Ith the schedule set forth In Suhpu . ph I L2.2, haled on (I) t r owest bona fldc hW or neg . ed pn+posal, or (2) tf no such file rtrposal is receive a most recent preliminary estimate of Co .ruction C n desalted estimate of Constmction Cast for sue rr 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES .4.1 Payments nn account of the Architect's Addition Ser es and for Reimbursable Expenses shall he muck m dy upon entatlon bf the Architect's statement of scrv s ren- dered or nses Incul`red. 10.5 PAYM S W1IHHELD 10.5.1 No deduction, hall he made (r the Architec't's cont- pensatlon on aecrnmt o natty, R datcet damages rn other sums wlthhckl from payme tV mtrnchn5, or on account of the cost of changes in the W er than those for which d+e Architect has httn found Ix Ila 10.18 ACCOUNTING 10.e.1 Reear of Reimbursahlc Expenses m1i twining to dltlonal Services and services peel basis o maniple of Direct Pcrsonncl F-xpensc able r the Ownet nr the Owner's authorzed rc mrally mnvenlent times. cs pcr- nn the c acaN- a~ivc at ARTICLE 11 BA313 OF COMPENSATION She Owner shaft compensate the Architect as follows; 11.1 AN INITIAL PAYMF-NT of Ikrllars (! shall Ire made upon execmMn of this Agreement and credited to the Owner's xmunl at anal payment. 11.2 BASIC COMPENSATION 11.2.1 FOR nASIC SERYIC-F4, as described In Artkle 2, and any other xrvkes included In Ankk 12 as pan of nark Scrvkes, Wade Compensation shall be computed as folows: (/nrof bnMS nJ rorn(rmnr(Mrt, rrMnMrryt stlprdnfM rnm; molt//rfn ur /,m.~mrirrxe,, cent /rknrl/1' /rMtrea M ubkA peel/odor rrmlMwl• n/ rnnr/n~runllnn nlq,fp, q rrer'ersn!YJ Eigfit (8%) percent of the total.actual final construction cost, or base bid, whicheve 1s higher. AIA DOCUMENT aUt ~ OWNLR~ARCNITP.CT AGREF.MF.NT ~ FOIIRTF.CNTH EDITION ~ AIAR • ®I9R7 TIIF.AMF.RICAN INStITVTE OF ARCIIITF.CTA, 1715 NEW YORR AVENUP., N.W., WASHINGTON, A.C. lMRrC Rid1-1937 A t 1.1.1 Where cumpcnsatlws Ls based on a stiptslakd sum or percentage of Construction Cosy, progress payments for Basic Servkes In exh pts:ue shall rural the following percentages of the total Bask Compensatbn payable: {n,tert uuuitiwull pbwes m NpproprNUeJ Schematic Design Phase: F 1 f t 8Ef1 pereetu (15 %) uesigss Devebpment phase: Fifteen pct«nt() 5%) CosssuuctionDocumentsPhase: lofty pucent(40 %) Bidding or Negotiation Phase: ~ F 1 Vf: percent (5 %) Construction Phase: TWCflty-Fi VB percent(25%) Total Basic Compensation: otu hundred percent (100%) 11 9 f:[IYPEAL41T1(1Y FDA ~~OITIAY~I. SEFIVICEB pU[Cd ti REPRESENTATION BEYOND BASIC SERVICES, a5 deSCrIDCd N Pardgclpll 3.2, com- 11.3.1 4'ON AUD1770NA1. SERVICES OF "I71E ARCUn [t. r, a5 uescnoea lrt A[UCR:x ~ of{Y {L, UsnF{ {uan Vr nuaauan.w( r, ula:u Rcptcsastation, as described bs Puagraplt 5.2, and (2) services Included In Aatck 12 xs pact of Basic Services, but excluding scrviies n( consultants, compensation shall be computed as follows: tL,nat uutia , y .nulp.vuNUwl, iuoludWx rNlex apdAlr x(ulllpks ,~/ DIRr! IYra.nurl flc(sum JW prlluljlNk pod rlulNgs+r; uud ldrulJ/y YrLu'Ipult uud dasNfy .•,uplupcrs. ij rcyuired (drltll/y zjxti ijlG xrriars MI u'NAb (Hlrlilpful ulrlWUls ,~GUngk•IIJtdL,U Npp(,r, !/ nr[rtspryl Cost x 2.75 11.. OR ADDITIONAL SERVICES OF CONSULTANTS, including additbnal BttUCtnraf, mcchdnical and electrical srrvices osc provided under Subparagraph 3.4.19 or identified b Anlck l2 as put of Addigossal Service ( )rinses the amounts baled to the Mchitect for such services. (lutlnyfy sprcifu: ryj,rs Nf CUUr"u~lw(r~M ArIKW /?, ((rryulrNJ.I 11.1 REIMBURSABLE 11.4.1 FOR REIMBURSABLE EXPENSES, as ' ' ed N Paragraph 10.2, Expenses, a mul[iple of ( ) t employees and consuiunts in the Interest of the Protect. 11.5 ADDITIONAL PflOVISlONB 11.5.1 IF THE BASIC SERVICES covered by greemcnt have not been cot ( ) mundu of the date hermf, t no fault of the Mdsitcct, extension cumperssated as provided in SuD aplss 10.3.3 and 11.3.2. er items Included in Anlek 12 as ReLnbursable ezpcnses Incurred by the Archikct, the Architect's within beyond that time shall be 11.5.1 Payments are and payable ( )days from the rlatt o Mchltect's Invoke. Ansuunts unpalJ ( )days after the Invoke dace shah Dear Interest at the rate ed below, or in the ahs thereof at the legal rdte prcvalling from time w time at the pr4sclpal place of bttshtess of the Mchitec[. u/ upwNl Nynwd II/NNI( (UlNly l(/Wf NINr I'rlrl/ll'tllllYll(r MINrHI IbY r'Hrrl(d TlNpl 111 rrlldlllI~R Acl, slmllNr slrW aNI WW(cwuuRlACrtldIl WWi NIW WWf IY(i 8141'1987 TH6 AMERICAN WSTITUTB OF ARCHITECTS, 1735 NBW YORK AVENUB, N.W., WASHINGTON, D.C. d4f106 ARTICLE 12 OTHER CONDITIONS OR SERVICES (Ms˘rl AvscMpp(Inns nJ ofAeY smNrn, /Amll/y AAAlflnnal ,fm•ICb lndnAeA u~llA(n IMS(c Cnmpensnnnn nrM mMl/Irnllnn, M fM1t /xrymrnr nnAmmir~n,nrlnrr frrms /nc/ndM In tbU ARrermml.j Maintain and provide proof of an errors and omissions insurance policy in the amount of one million and no/100 dollars (51,000,000) covering the Architect's duties and responsibilities under this Agreement. Owner shall be responsible for the payment of the premium for all coverage over five hundred thousand and no/100 dollars (E500,000) in the amount of ~ 5,204.47 , This Agreement entered Into as of the day and year Orst written above. owNt:tt; KERR COUNpTY COMM155IONERS COURT Attctttrecr;Dl STEFANO/SANTOPETRO ARCHITECTS,INC. ~sfgtaln.R~ ~fgnaht,r.) , Hon. N. G. Stacy, County Judge Christopher DlStefano, President (rNnrM nnlne aM Nos) t1MnnA Home ene INfe) AIA DOd11AlM MH ' OWNRR~ARL/IITEGT ACRE[M[NT ~ FOURTCl.NTn EDITION ~ AIA~ • ®19R7 TIIB AMERICAN INSTITIRC O/ ARf.1117/.CTR, 1717 NEW YORK AVCNU[, N.'1[„ WAININOTON, p.C. Ifp06 0/ A1'1Ib7 10 THE STATE OF TEXAS X COUNTY OF KERR X I, PATRICIA DYE, Clerk of the County Court end Ex-Officio Clerk of the Commiealoners' Court of Kerr County, Texee, do hereby certify that the above and foregping is a true and correct copy of ORDER NO. 70901 passed by the Commissioners' Gourt on the 27th day of .April A. D. 19~, as the same appears of record was mviifest, of the Minutes of the f;ommiasionere' Caurt of Kerr County, Texee. IN TESTIMONY NNEREOF, I have hereunto set my hand end seal of office at Kerrville, Texas, on this 77th day of April A. D. 19 q~ PATRICIA DYE Clerk of the County Court and Ex-Officio Clerk of the Commissioners' Court of Kerr County. Texas By: U' / / Esther R. aria Deputy 5-21-92 Professional Lines Underwriting Specialists, Inc. 4201 Bee Caves Road, Suite C-202 Austin, Texas 78746 -~ Lexington Insurance Company iP1 ti':NE,~. .. Di Stefano/Santopetro Architects, Inc. 10260 Westheimer, Suite 390 Houston, Texas 77042 .. I L+I~~u/ L J!~E :dAt'fEt H! .. ~. ~.. Kee ~.~., „~ '. _: ~. .'N YPF OF NaLRAfll.F ~( °' .I h"Ids '. "-'pU~ ~ _. ~, L=ti .a T= nr "~iis c~`~iiica!e eI iASet3ACe rei`,it~t ai~irMYj ,_ ~' :,.. __ ;sdv +ah~,:E!y rrct~~s, elYEr,~a .rr aithrs YIN . __. , _' F . " E" YAYk!~2 e'i7ai'.5 r, ~3y" $`~i&~ :~as^^..u~l~u i~:t010. ~~ ' ~$FRS C&R!17fiCA'iŁ 1S t550FD A5 A MATI'EB .~ ~.__.., ._.'~= ~ - ';" _' ~ :: ~ ,'... $NPORMAT:ON ONLY Ate fONNE{iS 'NO RlGt[fS _.- . ~.. '_'' ..~;.`:,:. LJYPN TJIE NdLi~FR." _. a~ urv ^_=ua94!TY HNU ~ N,n;_pv[q~ LIa RILITr ':A "T"r"Architects & PC56306990199 3-8-92 3 8-93 $1,000,000. each claim/agg''P .' Fn oi~'naer- c $nfPCei nna9 TiahiliY~ _.._.___-"_. ._.,.__._,. ,.,......_..._....... . _._._..__, _.. .... _. ... .... .. ... ... I DF3CHIF'! I°! ^E ~:PE^4tiON5i L.OCHTIONS:YEFP(:: E5:5 PECAI_ I?EMS -~~ 1 "Effective 5-6-92 the $1,000,000. limit of liability was increased from $500,000. limit of liab. .Kerr County Commissioner's Court Honorable W. G. "Bill" Stacy ;County Judge 00 Kerrville, Texas 78028 r _ Kerr County Courthouse profe ~~s ~ ~ fines ~rwr'~ing Specia - lists, Inc. li"- f:. DI STEFANO / SANTOPETRO • ARCHITECTS, INC. ARCHITECTURE AIA PLANNING MAY 2 91992 May 27, 1992 Hon. W. G. "Bill" KERR COUNTY County Courthouse Kerrville, Texas Dear Judge Stacy: Stacy, County Judge 78028 Enclosed are the following documents for the Court's action and/or files: -Copy of the Contract signed by Christopher Distefano; -Copy of Certificate of Insurance evidencing increase of liability limits from $500,000 to $1,000>000 per Article 12 of said Contract; -Our Invoice in the amount of $5,204.47 for the reimbursement by the County to the Architect for the additional premium for increase. Sincerely, "~-~ ~l~- J ph M. Santopetro> AIA Principal JMS/al enc. 10260 WESTHEIMER • SUITE 390 HOUSTON, TEXAS • 77042 • 713!953-9032 • FAX 7131953-9031 2826 BROADWAY RIVIERA REACH, FLORIDA 33404 • 407 / 863-2357