ORDER N0. 20901 APPROVAL OF CONTRACT FAITH DI STEPHANO/ SANTOPETRO ARCHITECTS, INC. AIQD AUTHORIZATION OF THE COUNTY JUDGE'S SIGNATURE On this the 27th day of April 1992, upon motion made by Conunissioner Holekamp, seconded by Commissioner Oehler, the Court UNAPdINiOUSLY APPROVED BY A VOTE OF 4-0-0, to approve the Contract with Di Stephano/ Santopetro and authorize the County Judge to sign the contract submitted. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: County Sudee MEETING DATE: April 27, 1992 OFFICE: TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Approve contract with Di Stefano/Santropetro Architects, Inc. and authorize the county Sudge to sign same in the name of Kerr County. EXECUTIVE SESSION REQUESTED: YES PLEASE STATE REASON FOR EXECUTIVE SESSION NO x ESTIMATED LENGTH OF PRESENTATION: PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: county Sudge Time for submitting this request for Court to assure that the matter is posted in accordance with Article 6252-17 is as follows: * Meetings held on Monday: 12:00 P.M. previous Wednesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON is 4/22/92 ~ 10:00 am 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. i~'~~ °~ March 2, 1992 DI STEFANO / SANTOPETRO • ARCHITECT'S, INC. ARCHITECTURE AIA PLANNING Hon. W. G. "8111" Stacy, County Judge Kerr County Commissioners Court Kerr County Courthouse Kerrville, Texas 18028 Dear Judge Stacy: During our conversation with the Asst. County Attorney concerning our Contract with the County, one of the items requested was to determine what the additional cost to the County would be to increase the limits of liability on our Professional Liability policy. We have lust received this information from our carrier LEXINGTON Insurance Company and offer the following for your consideration: To increase tale limits of liability per claim from 6500,000 to 61,000,000 would cost a total of 65,204.47. This is their actual premium difference to us (see attached) and does not include any add on by us, of which there would be none. Please let us know what is the pleasure of the Commissioners Court with regard to Lh1s item. Sincerely, Joseph M. Santopetro, AIA Principal JMS/al enc. 10260 WESTHEIMER • SUITE 390 HOUSTON, TEXAS • 77042 • 7U/933-9032 • FAX 7U/933-9031 2826 BROADWAY RIVIERA BEACH, PI.ORIDA • 33404 • 407 /663-2337 w ~, ~~ /T ~(1 ~i~V PRO,ASSfONALflhC~ = rmnF,RwRamosrcciAr.rS~s,u(c. 110/ tl,r Cava RnwL .fwft G10J. Amin, t,uu 71716 snila.nJVS feau.tl6rl.Jao t6.JrJJJaR1:r DATE:3-z-9a QUOTATION LETTER FAY TRANSMISSIOI7 T0:M5. ANN LETTER DI STEFANO/SANTOPETRO ARCHITECTS, INC. HOUSTON, TY AE:ARCHITECTS PROFESSIONAL LIABILITY POLICY ~PC5630135539a; EYPIRATION: 3-B-92 I'N PLEASED TO OFFER THE FOLLOYfING PROFESSIONAL LIABILITY RENEWAL QUOTATION FOA YOUR FIRM „ THIS QUOTATION IS OFFERED ON BEHALF OF LEYINGTON INSURANCE COMPANY, BEST RATED: A.: LIMIT OF LIABILITY DEDUCTIBLE PER PREMIUM INCLUSIVE PER CLAIM/AGG CLAIM OF FEES AND TAPES $500,000. 15,000. $13,855.50 $1,000,000. ,15,000. $19,059,97 ALL TERMS AND CONDITIONS REMAIN THE SANE AS TIiAT WHICH ARE ON YOUR CURRENT POLICY WITU LEIINGTON. NO CHANGES IN COVERAGE, PREMIUM FINANCING IS AVAILABLE. IF INTERESTED, LET ME KNOW AND I WILL OBTAIN TERMS FR0~1 FINANCE COMPANY. WE AAE NORKING ON OBTAINING TERMS FOR YOUR RENEWAL FROH LOND~i. WE HOPE TO BE ABLE TO OFFEA TERMS PRIOR TO YOUR EYPIRATION DATE. THANK YOU FOR THE OPPORTUNITY TO BE OF SERVICE. IF YOU HAVE ANY QUESTIONS, DO NOT HESITATE TO LET US KNOW, THANK YOU, COMMIE HATCH UNDERWRITER T H E A M E R I C A I N S T I T U T E ~u-~'~-. F A R C H I 7 E C T S AIA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT I,F,GAL CUNSEQUENCF.S; CONSULTATION W/TH AN ATTORNE}" /,S ENCOURAGED Ix7TH RESPECT TU ITS COMPLET/UN OK MODIFICATION. AGREEMENT made as of the 27th day of April in the year of Nineteen Hundred and Ninety Two BETWEEN the Owner: KERR COUNTY COMMISSIONERS COURT (h'arrrz aad address) Hon. W. G. "Bill" Stacy, County Judge Kerr County Courthouse Kerrville, Texas 78028 and the Architect: DI STEFANO/SANTOPETRO ARCHITECTS, INC. (tVarnz and aadresy 10260 Westhei mer, Suite 390 Houston, Texas 77042 For the following Project: (include detailed dzsrrfption rf Prajzcl, locat(on, address and scope.) 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 191'1, 1y26, 1948, 1951, 1953, 1958, 1961, 1963, 7966, 796?, 79?0, 1974, 19~', ©1987 by The Ametlcan lnstlrure of Architects, 1'35 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of Its provisions without written permission of the AIA violates the copyright laws of the United States and will he subject to legal prosecution. AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION •AIA® • ©198 7HE AMF,RICAN INSTITUTE OF ARCHITECTS, P35 NEW YORK AVENUE, N W., WASHINGTON, D.C. 2(RIIM B~ 4~-~ 9BT 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. Dpon 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 tune requited 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 tune limi[ations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services idemified 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 furnished by the Owner to ascertain the requirements of the Project and shall arrive 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 constmction budget requirements, each in terms of the other, subject to the lvnita- tions set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and constmction 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 constmction 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 constmction budget, the Architect shall prepare, for 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 architectural, 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 constmction 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 constmction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, constmction 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 vi 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 Gated by changes vi 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 constmction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for constmction. 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 Conrad for Construction and rermi- nates at the earlier of the issuance to the Owner of the final Certificate for Payment or GO days after the date of Subsran- tial Completion of the Work. 2.6.2 The Architect shall provide administration of the Con tract for Cons[medon as set forth below and in the edition of A[A Document A201, General Conditions of the Contract for Construction, current as of the dace of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilltles 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 Cuntracwr, which consent shall not be unreasonably withheld. AIA DOWMENT 8141 •OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION •AIA® • l71)R] 7HE AMERICAN INSTITUTE OF ARCHITECTS, 135 NEW YORK AVENUE, N.W., WASHINGTON, RC. ?OOUG 8141-1987 2 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Comractor is due, and (2) as an Additional Ser- vice at the Owner's direction from time to time during the atr- rection period described in the Cuntract for Consttuction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.6 The Architect shall visit the site az intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar wlrh the progress and quality of the 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 not he 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 «I guard the Owner against defects and deficiencies in the Work (More extertslve site representation may be agreed to as an Addttaona! Sertnce, us describer! an Paragraph 3. ~.) 2.6.6 The Architect shall not have control over or charge of and shall no[ he responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs In connection with the Work, since [here 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 accor- dance with the Guntraet Documents. The Architect shall not have control over or charge of acts or omissions of the Gonnac- tor, Subcontractors, or their agents ur employees, or of any other persons performing portions of [he Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Fscept as may otherwise be provided in the Contract Documents or when direct communications have been spe dally authorized, the Owner and Contractor shall communicate through the Architect. Communkations by and with the Archi- tect's consultants shall be through the Architect. 2.6.9 Based on [he Architect's observations and evaluations of [he Contractor's Applications for Payment, the Architect shall review and certify [he amounts due the Contractor. 2.6.10 The Architects certification for payment shall cunsti- [ute a representation «> the Owner, based on the Architect's observations at the site as provided in Subparagraph 2 G.5 and on the data cumpdsing the Contractor's Application for Pay- ment, that the Work has progressed to the point indicated and Chat, to the best of the Architect's knowledge, information and belief. quality of [he Work is in accordance with the Gon[ract Documents. The foregoing representations are suhjeet to an evaluation of [he Wurk for conformance with the Contract Documents upon Substantial Gumpletion, [o results of subse- quent tests and inspections, to mLxrr deviations from the Cun tract Documents correctable prior to completion and [u spe- cific qualifications expressed hg the Architect. 'fhe issu:mce of a Certificate frIr Payment shall further constitute a representation that the Contractor is entitled [o payment in the amount cer[i fled. Nowcver, the issuance of a Cerdfica[e for Payment shall not be a representa[ioD that the Architect has 1 l) made eshaus tive or continuous tin site inspections vI check the quality or quantity of the Work, (2) reviewed construction means, meth- ods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcuntracturs and material sup- pliers and other data requested by the Owner «t substantiate the Contracmr's right to payment or (q) ascertained how or for what purfwse the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect atnslders i[ necessary or advisable for implementa- tion of the intent of [he Contract Documents, [he Architect wlll have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whether or not such Wurk is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or no[ to exec else such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcamraetors, material and equipment suppliers, their agents or employees or other per- sons performing portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shup Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept cspressed in the Contract Documents- The Architect's action shall he taken with such reasonable promptness as ht cause no delay in the Work or in the con- struction of the Owner oc of separate contractors, while allow ing suffldent time in [he Architect's professional judgment «t permit adequate review Review of such submittals is nut a>n- ducted for the purpose of determining the accuracy and com- pleteness of other details such as dimensions and yuantitles or fur substantiating instructions for installation or performance of equipment ur systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Con[rac[ Docunten[s. The Architect's review shall not eonsd[ute- approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall no[ indicate approval of ~an assembly of which the item is a component. When professional certification of performance charac[erls[ics of materials, systems or equipment is required by the Cuntract Documents, the Architect shell be entitled to rdy upon such certlfication to establish chat the materials, systems oc equip- ment will meet the performance criteria required by the Cun tract Documents. 2.6.13 'Che Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documenratiun and data if deemed necessary by the Architect as provided rn Subparagraphs 3.1.1 and 3.3 3, for the Owner's appn>val and execution in accordance with the Contract Documents. and may authorize minor changes in the Wock not involving an adjustment in [he Contract Sum or an estension of the Contract Time which are not inconsistent with the intent of chc C:ontcaet Documents. 2.6.14 The Architect shall conduct inspections to detemtine the dale nr dates of Substantal Cumpletlon and the dale of final completion, shall receive and Curward to the Owner for the Owner's review and records written warranties and related documents required by the C,ontcact IAxuments and a5srm- bled b}- [he Cuntrac« ir, and shall issue a final Certificate for Pay- ment upon compliance tvirh the requirements of the Contract Dunmtencs. AIA DUCUMENT 8141 • OWNER-ARCtnTECT AGREEMENT • FOURTEENTH EDITION •AIA® • ~J1)R~ 3 8741-1987 THE AMP.RR:AN INS'CITUTE OY ARCHITP.CTS, 135 NEW YORK AVENUE, N.W., WASHINGTON, D C-2UU(Iti 2.6.15 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 be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall he consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor mance by both Owner and Conttacror, shall not show partlaliry ro either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthe- tic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques tion between the Owner and Contractor relating « ~ the execu- tion ur progress of the Work as provided in the Contract Documents. 2. . e Architect's decisions on claims, dis other matters, indu I se in question the Owner and Contractor, except for tho mg to aesthetic effect as pro vided in Sub 2.6.1', shall b~ ct to arbitration as r m this Agreement and in the Contract ents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to com- mencing such services. If the Owner deems that such services described under Paragraph 3 3 are not reyuired, the Owner shall give prompt written notice to the Architect. If [he Owner indicates in wrung [hat al] or part of such Con[ingen[ Addi tional Services are not required, the Architect shall have no ubli- gatk>n to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES .1 If more extensive represemation at the site [h' Is descr ~ in Subparagraph 2.6.5 is reyuired, [he Arc et shall provide on more Project Representatives t sist in carry- ing out such ad ~ ~ nal on-site responsib" ~ s. 3.2.2 Project Representa[ sl e selected, employed and directed by the Architect, ~ Architect shall he compen sated therefor as a r by the O rand Architect. The duties, responsi Ies and Ilmiratlons of a oriry of Project Represent s shall be as described in the e ~~ n of AIA Docu tit 8352 atrrent as of the date of this A>;reemen , mess 3. 'ough the observations by such Project sen- tatives, the t shall endeavor to prow' tther protec- tlon for the Owner ago fects reienGes in the Work, but thethe furnis'~ r ~ representation shall not modify the right onsibilities or obliga ~ of the Architect as des ~ elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 1 Making revisions in Drawings, Specifications or uments when such revisions are: inconsistent with approvals or instructions eviously 'ven by the Owner, including revisions ade neces sae by adjustments in the Owner's p gram or Pr~j- ect b ect; .2 reyuired the enactment or r ision of codes, laws or regulatio subsequent to e preparation of such documents, o .3 due to changes req 'r as a result of the Owner's fail- ure to render deci ' - in a timely manner. 3.3.2 Providing semi s required ecause of slgniticant changes in the Proje including, bur n< limited [o, size, qual- ity, complexity, t Owner's schedule, or e method of bid- ding or negou g and eontrading for constr tion, except for services re red under Subparagraph 5.2.5 3.3.3 P paring Drawings, Specifications and other >cumen ratio and supporting data, evaluating Contractor's pr osals, providing other services in connecron with Ch ge rders and Construction Change Directives. s.a.a Provldmg servtces m connection wIm evaluating sunsn tutions proposed by the Contractor and making subsequent revisions w Drawings, Specifications and other documenutinn resulting therefrom- 3.3.5 Providing amsultatlon concerning replacement of Work damaged by fire or other cause during construction, and fur- nishing services required in connection with the replacement of such Work. 3.4.2 Providing Cinandal feasibility ur other special studies. 3.4.3 Providing planning surveys, site evaluations or com- parative studies of prospective sires. AIA DOCUMENT B741 • OWNF,R-ARCHITECT AGREEMENT • FOURTEENTH EDITION •AIA® • G 19R' THE AMERICAN INSTITUTE. OF ARCHITECTS, 1'35 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2oo(X 8141-1957 4 3.4 OPTIONAL ADDITIONAL SERVICES 3.4,4 Providing special surveys, environmental studies and submissions required for approvals of governmemal authorities or others having jurisdiction over the Project. and services relative to furore 3.4,6 Providing set facilities or to make conditions or 3.4,7 Pr ~ g services to verify the accuracy o wings or o information furnished by the Owner. 3.4,8 Providing coordination of constmetion performed by sepazate contractors or by the Owner's own forces and coordi- nation of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a con struction manager or separate consultants retained by the Owner. 3.4,10 Providing detailed estimates of Construction Cost. 3.4,11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4,12 Providing analyses of owning and operating costs. or installation of 1 3.4.14 Providing connection with the equipment. renant or rental spaces. 3.4,15 M Investigations, inventodes of n ~ Is or equip- , r valuations and detailed appraisals of exisWg a ' ' a.q.to rrepanng a set of reproducmle record drawings show- ing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. .17 Providing assistance in the utilization of equipment syst such as testing, adjusting and balancing, prep n of operatio d maintenance manuals, training pe nnel for operation an aintenance, and consultation d g operation. 3.4.18 Providing . rvices after issuance the Owner of the final Certificate for P ent, or in t absence of a final Cer- tificate for Payment, mot an 6 days aher the date of Sub- stantial Completion of the W 3.4.19 Providing serv' s of consu is for other than archi tectural, stmetural eehanical and elee al engineering por- tions of the Pr ct provided as a part of B ~ Services. 3.4.20 viding any other services not otherwise ' eluded in this greement or not customazily fumished in ace nee th generally accepted azchitectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and cri- teria, including space requirements and relationships, flexi bility, expandability, special equipment, systems and site requirements. 4.2 The Owner shall establish and update an overall budget for the Project, including the Consvuction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall fumish evi- dence that Financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representatve authorized to act on [he Owner's behalf with respect to [he Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner shall furnish surveys describing physical ehazactedstics, legal limitations and utlity locations for the site of the Project, and a written legal description of the site. The surveys and legal Information shall Include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and stmctures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- tions, boundazies and contours of the site; locations, dimen- sions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 The Owner shall furnish the services of geotechnical engi- neers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resis- tivity tests, including necessary operations for anticipating sub- soil conditions, with reports and appropriate professional recommendations. 4.8.1 The Owner shall furnish the services of other consul- tants when such services are reasonabl}~ required by the scope of the Project and are reyuested by the Architect. 4.7 The Owner shall furnish stmetural, 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 Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessar}~ at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, informatioq surveys and reports required by Paragraphs 4.5 through 4.8 sha[I be fumished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall he submitted to the Architect for review and approval at least 14 days prior to execution. The Owner shall no[ request mrtifica- tions that would require knowledge or services beyond the scope of this Agreement. AIA DOCUMEM 8741 •OWNER-ARCHITECT AGREEMENT • FOORTEENTH EDITION •AIA® • ©198] 5 6141-1987 THE AMERICANINSTITUTE OF ARCHITECTS,1]35 NEW YORKAVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Constmction Cost shall be the total cost or esti- matedcost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Constmction Cost shall include the cost at currem 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 constmction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect'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 Anicle 4, 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, prelvninary estimates of Constmction Cost and detailed estimates of Con- struction Cost, if any, prepazed by the Architect, represent the Architect's best judgment as a design professional familiar with the constmction industry. It is recognized, however, that nei- ther 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. Accordingly, the Architect cannot and does not warrantor represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed ro by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construttion are [o be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Constmction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Constmction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Constmction Documents to the Owner, any Project budget or fixed limit of Constmction Cost shall be adjusted to reflect changes in the general level of prices ui the constmction industry between the date of submission of the Constmction Doctments to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Constmction Cost (adjusted as pro- vided ut Subparagraph 5.2.3) 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 rebidding or renegotiating of the Project within a reasonable fvne; .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Con- tract Documents as necessary to comply with the fixed limit, if established as a condition of [his Agreement. The modification of Contract Documents shall be the limit of the Architect s responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE B 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 are instruments of the Architect's service fo[ use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including repro- ducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Archi tea's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to 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 appropriate compen- sation 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 Cla'uns, disputes or other matters in question between e pazn to this Agreement arising out of or relating to this gree- ment or each thereof shall be subject to and decid by arbi- tration in a rdance with the Constmction In try Arbitra- tion Rules of th eriean Arbitratlon Assoc on currently in effect unless the p 'es mutually agree o rwise. 7.2 Demand for arbitra' n shall b tied in writing with the other party to this Agreeme with the American Arbitra- tion Association. A demand f itration shall be made within a reasonable time after t clavn, ute or other matter in question has arisen. I o event shall th errand for azbitration be made aher the to when institution legal or equitable proceedings b don such claim, dispute or her matter in question w d be barred by the appflcable statutes ]imitations. 7.3 arbitration arising out of or relating to this Agr em s include, by consolidation, joinder or in any other man additlonal person or entity not a Darty to this Agreement. AIA DOCUMENT 8141 ~ OWNER-ARCHITECT AGREEMENT ~ FOURTEENI'FI EDITION ~ AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1967 6 ept by written consent containing a specific referent this Bement signed by the Owner, Architect, and other person a ntity sought to be Joined. Consent t rbitration involving an didonal person or entity sh of constitute consent to arbitra ' of any claim, dispu or other matter in question not describe ~ the written ~ sent or with a person or entry nut named or des bed rein. The foregoing agree- ment to arbitrate and other ements to arbitrate with an additional person ur emit my co nted to by the parties to this Agreement shall spedfically en ~eable in accordance with applicable P in any court having jut. "coon thereof. 7.4 The - rd rendered by the arbitrator or arhitra s shall he final, ~ judgment may be entered upon it in accurdan with a icable law in any court having jurisdiction thereof. 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 fail substantially to perform in accordance with the terms of this Agreement through no fault of [he parry initiating the termination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall he rompensated for ser- vices performed prior to notice of such suspension. When [he Project is resumed, the Architect's compensation shall be eyui [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 Arehitec[ in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Arehitec[ may [ermina[e this Agreement by giving written notice 8.4 Failure of the Owner ui make paymuits to the Architect in accordance with this Agreement shall be considered substamial nonperformance and cause. for termination. 8.5 If the Owner fails to make payment when clue the Archi- [ec[ for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance ufser- vices under this Agreement. Unless payment in full is received by [he Architect within seven days of the date of the notlce, the suspension shall take effect without further notice. In the even[ of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owmrr because of such suspension of servvices. 8.6 In [he event of [erminatlon not the Fault of the Architect, the Architect shall be compensated for services performed prior [u termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph h.' 8.7 Termination Expenses are in addition u> compensation Cor Rasic and Additional Services, and include expenses which are directly attdhurable ro termination. Termination Expenses shall he computed as a perccn[age of the total compensation for Basic Services and Additional Services earned to the time of ter minatiun, as follows: 1 Twenty percent of the total curnpens;tfiun for Basic and Additional Services earned [u date if termination occurs before or during the predesign, site analysis, or Schematic Design Phases; or .2 Ten percent of the total compensation for Basic and Additional Services earned to date if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date if termination occurs during any subsequent phase. 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 A2UI, General Conditions of the Con- tract for Constructioq current as of the dace of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to secs or failures to act shall be deemed to have accrued and the applicable statutes of limitatlons shall com- mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certitlcate for Payment for acts ur Failures to act occurring after Substantial Completion. 9.4 The. Owner and Architect waive all rights against each other and against the contracture, consultants, agents and employees of the other for damages, but only to the extent cov- ered by property insurance during constmctloq except such rights as they may have m the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions 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 parmers, sua:essurs, assigns and legal representatives w [he other party [o this Agreement and to the partners, succes- sors, assigns and legal representatives of such other party with respect u] all covenants of this Agreement Neither Owner nor Architect shall assign this Agreement without the written con- sen[ of [he other. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations ur agreements, either writ- ten ur oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with ur a cause of action in favor of a third party against either the Owner or Archirec[. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have nu responsibility for the discovery, presence, handling, removal or disposal of ur expo sure of persons [n hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include represema- tions ofthe design of the Project, including photographs of the exterior and interior, among the Archicect's promotional and professional materials. 'The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of AIA DOCUMENT B141 •OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION •AIA® • C119S? 7 B141-1987 THE AMERICAN iNSTITI ITH OF ARCHITECTS, 1735 NEW YORK AVENUH, N.W., WASHINGTON, D C. 2001xr the specific information considered by the Owner to he confi- dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pnr motional materials for the Project- ARTICLE 10 PAYMENTS TO THE ARCHITECT 1Q.1 DIRECT PERSONNEL EXPENSE 10. Direct Personnel Expense is defined as ttlc reet salaries f the Architects personnel engaged on the Pro' ct :cod the porn of the cost of their mandatory and Gusto ary con- tributions a d benefits related thereto, such as ployment taxes and of r statutory employee benefits, ' surance, sick leave, holidays, acttiuns, pensions and si ~ ar contributions and benefits. 10.2 10.2.1 Reimbursable Expe ,~es e in addition to compensa- tion for Basic and Additional ervlces and include expenses incurred by the Architect a itect's employees and c~n- sultants in the interest oft Projec , as identified in the follow- ing Clauses. 10.2.1.1 Expense transportation in nnection with the Projecp expense ~ m cooneaion with auth ized out-of--town travel; long dis nee communications; and fee. aid for secur- ing approv f authorities having ~urlsdiction uv the Project. 10.2.1.2 .xpense of reproductions, postage and h tiling of Drawi s, Specifications and other documents. 1.3 If authorized in advance by the Owner, ime work requiring higher than regular rates. 10.2.1.4 Expense of renderings, models and mock-ups requested be [hr Owner. 10.2.1.5 Expense of addifional insurance coverage or ]in>irs, including profcssktnal liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES b ~Y~ 10.3.2 Subseyuent payments for Basic Services s .a.H f>« '°"" , °''°-° ^^^' ~ ,shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 3.3 If and to the extent that the time initially establishe ' Subp aph 11.5.1 of this Agreement is exceeded ore nded through fault of the Architect, compensator any ser- vices render during the additional period ime shall be computed in the anner set forth in Sub graph 11 32. 10.3.4 When compens bn is base In a percentage of Con- struction Cost and any pot ~ n.~ the Project are deleted or otherwise not constructed, ~ radon for those portions of the Project shall be p le to th xtent services are per formed on those po ors, in accurdancc ith the schedule set forth in Subpar aph 112.2, based on (1) th owes[ bona Hde bid or nego ~ ted proposal, or (2) if no such bi proposal is receive e most recent preliminary estimate of Co ;ruction Co or derailed estmate of Cons[ruc[ion Cost for sue nr- ~uns of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES .4.1 Payments on account of the Architect's Addition Ser ' ~es and for Reimbursable Expenses shall be made coo ly upon sensation of the Architect s statement of serv~ es ren- dered or crises incurred. 10.5 PAYM S WITHHELD 10.5.1 No deduction. hall be made frr the Architect's tom pensa[ion un account o ^alry, R ldaced damages ur other sums withheld from paymen to ontrac[ors, or on account of the cost of changes in the Wo thcr than those fur which the Architect has been found be lia 10.6 ARCHITEC ' ACCOUNTING CORDS 10.8.1 Recur of Reimbucsahle Expenses an expenses per- taining to ditiunal Services and services perfo ed on the bask of multiple of Direct Personnel Expense shal e avail- able 1 the Uwner ur the Owner's authorized represen[a ~ cat nlally convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as ti>llows: 11.1 AN INITIAL PAYMENT of Dollars ($ 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 Anielc 2, and any other services included in Article 12 as par[ of Rasic .Services, Ravic Compensation shall he computed as follows: przeen bate-. n( am,pensatton, bicG~dir,g sllpula[ed sums, nudhples ur perieirtugee--, uerf idnztef 1' hbases tri u~bicb /~nr(iaJUr mrthnrG of co,uprueul8n, a[gde. a/ ncmasury.) Eight (8%) percent of the total .actual final construction cost, or base bid, whichever is higher. AIA DOCUMENT 8741 • O~C'NFR-ARCt1ITF.CT AGREEMHNT • FOURTEENTH EDITION •AIA® • ~~l)R7 THE AMERICAN INS'rI'R'TE OF ARCHITECTS, 1735 NEW YORK AVF.NUF., N,W., WASHINGTON, D.C. L0006 8141-1987 8 11.2.2 Where compensation is based on a stipulated sum or percentage of Constmction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: pnsert additional phases as appmpriateJ Schematic Design Phase: Flftee^ percent(15%) Design Development Phase: F 7 f t@B ^ percent (~ 5 % ) Construction Documents Phase: FO rty percent (40 % ) Bidding or Negotiation Phase: Fl V2 percent (5 % ) consttvctlon Phase: Twenty-Five percent(Z5%) Total Basic Compensation: one hundred percent (100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES puled as PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensatio e com- 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described In Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consul[aoa, compensation shall be computed as follows: (btsert bans of a,mpensatiun, including rates mod/ar mu/teples uJ U(rect !'ersonnel Fcperxse f ^' Pru¢lpaL. and ernp(ul'ee-a. mod edivebjy !'rueapa[s one[ c[ae'-a fV employees. iJ regrared /den[JV sped/!~ servxes to n'b+ and modifications fo the payment and campercsahorz terms ircduded in this Agreennerct) Maintain and provide proof of an errors and omissions insurance policy in the amount of one million and no/100 dollars ($1,000,000) 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 ($500,000) in the amount of $ 5,204.47 This Agreement entered into as of the day and year first written above. owNEa: KERB COU~TY~COMMISSIONERS COURT nxcxtTecT;DI STEFANO/SANTOPETRO ARCHITECTS,INC. ~~~~ (Signature) (Signature) Hon. W. G. Stacy, County Ju (Printed name and h'tte) Christopher Di Stefano, President 'n~nted name and title) AIA DOCUMENT 8111 •OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION •AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, I'35 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B~ 4~-~ 9B7 l O ..ENOVATION PLANS FOR THE KERB Q +TY COURTfIOUSE JAIL Construction Specification Books Construction Plans~~~~,~~ i~ ~ ~~ ~~~ ~ ~~ Set # 7 ; ~7~9i ' u~hE" _ _:~ ~_ ~~ 9 ~~ 10 ~~ 11 ~~ 1s ~~ l~ f ,~ e• n a sTp~l /c~ 20 ~~ 6 " Mr. Lovett ~~ 15 Lro~n~, ~ ii-/z-9/ 2 '~54°a ~c~r~WEa ~~"?"`/~ ~~ Gibraltar Construction ,10-30-91 16 & 17 2-13-92 Returned Gooden Constructor Corp. _ - .-- ~ L ~f1~('Lr~r.,i.~GG~ ~` 9-/3' ~ do (.,~--7~ 3531 /o Z; 5 c) ~ ~. ~ VG.J4'~/~~ 6.- G~2c.'~r.L L C C {2v' ~/. ~ -~.. ~`~{t ~V~\~ ~ ~~ ~ y ~~ o ~_ t~ Sd o F t S V ;~o-'~-`'l ~! dl N' ~~ Faso 1 //~~ rG ~ /N f~12EDEl~/ ~` /JAN SSd~ c ~ ~ ~~ '''' T~ L_ ~ , / ,; ~-, ~-v ~-2 ~" •;~ ~ ~,-rl .~ S ~ .~6 0~ ~ ~ S~, :~ ~ ~ ~ e~ ~• • b ~k f r ~ Ja -j;~: ~ ~ ~b • a ~j ~7 ~~~-ru; l ~P lx . ~~ I ~~ ~,P~l Ele~fr,~ ~ Tom. 5~~ K~41h; weZ j/r ._..y~ p'-s~ is%~~ ~ ~~l ~ "' Y ,GiX ~ 7 i C ~`C, f ~ ~ , , ~ , ~S/ > i -~ -- f tea- ~~ r~ ~ ( ~1 _ _ i f ~i Q 0 ~ - _S L YI'( .-i i ~`, Q~ / \ n ` 1 >~- ,, 5,- ~-'t' ~ i ~~~ ~ - - ~} V ~ Y -- (r ~ !_ r, ~- ~ / ~' 1 / ~1 _