ORDER NO. 3403 AP'P'ROVAL OF STRNDARD CONTRRCT BETWEEN KERR CDUNTY AND HOLLAND & F'ATTERSON RRCHITECTS, FOR PROPOSED OFFICE BUILDING FOR KERR COUNTY EXTENSION On this the 1st day of July 1996, upon motion made by Commissioner Oehler, seconded by Commissioner^ Holekamp, the Cour^t unani~ously approved by a vote of 5-0-0, to appr^ove the standard contract between Kerr^ County and Holland & Patter^son Architects for^ the proposed office building far the Extension Office on the Ag Barn Grounds as pr^esented to the Cour^t and when the time comes we need to have someone oversee the work. HOLLAND & PATTERSON June 12, 1996 County Judge Robert A. Denson Kerr County Courthouse 700 Main Street Kerrville, Texas 78028-5389 ARCHITECTS Re: Office Building County Grounds Kerr County, Texas Dear Judge Denson Enclosed are two copies of the Standard Contract for the above referenced project. Please sign both copies, retain the original for your files, and return the copy to our Corpus Christi office. We look forward to working with Kerr County on this project. Sincerely William H. Holland Enclosures ~~~~q6 ~ P ~~ ~~^~ 5700 S. STAPLES F-5 CORPUS CHRISTI TEXAS 78413 512-993-7336 FAX: 512-993-6426 8600 WURZBACH RD. STE. 801 SAN ANTONIO TEXAS 78240 210-614-7440 FAX: 210-692-3579 H E A M E R I C A N I N S T I T U T E "Tho.Texas Board of Architectux Examiners, 5555 North lamar Blvd., Building H-117, Aust' ;'~ Texas 78751, phone: 512-458-1363, has juris- ;- diction over individuals licensed under the Architect's Registration law, Article 249aVTC . A/A Doct/ment B141 O F A R C H I T E C T S Standard Form of Agreement Between Owner and Architect 1987 EDITION TH/S DOCUMENT HAS /MPORTANT LEGAL CONSEQUENCES; CON'SULTATION' IK7TH AN ATTOR,NE}' LS ENCOURAGED lY7TH RESPECT TO /TS COMPLETION' OR MODIF/CAT/ON. AGREEMENT made as of the 'IWelfth (12) day of June Nineteen Hundred and Ninety-six (96) BETWEEN the Owner: County Judge Robert A. Denson (A'ame and address) K2rr County Courthouse 700 Main Street Kerrville, Texas 78028-5389 and the Architect: (Name and address) Holland & Patterson, Architects 8600 Wurzbach, suite 801 San Antonio, Texas 78240 For the follovc~ing Project: (/nc(udr demi(ed desmiption of Pro~ecC fourkor; address ar:d scope.) Office Building County Grounds Kerr County, Texas The Owner and Architect agree as set forth below. in the year of Copyright 1917, 1926, 1948, 1951, 1953, 1958, ]961, 1963, 1960, 196', 1970, 1974, 1977, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.Vf~., V:'ashington, D.C. 20006. Reproduction of [he material herein or substantial quotation of its provisions without written permission of [he AIA viola[es the copyright laws of the United S[a[es and will be subject to legal prosecution. AIA DOCUMENT 8111 ~ OtC'NER~ARCHITECT AGREEMENT ~ FOCRTEENTH EDITION ~ AIAe • ©198' THE AMERICAN INSTITCTE OF ARCHITECTS, 1735 NEIX' 1'OR6 AVENUE, N u., RABHINGTOR, D C 2(N106 8141-1987 t i TERASS AND CONDITIONS OF AGREEhIENT BETVi'EEN OVi"NER 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? and 3 of this Agreement and anc other services included in Article 12. 1.1.2 The Architect's services shall he performed as expedi- tiousl}~ as is consistent with professional skill and care and the orderly progress of the Vi'ork. Upon request of [he 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 [he Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded b}' the Architect or Owner. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph ] 1 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 identified in Article 12 as part of Basic Services, and include normal stmc- [ural, 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 [he Project and shall azrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limita- tions set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and conswetion of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and constmction 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 [he Owner a preliminary estunate of Construction Cost based on current area, volume or other unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by [he Owner N the program, schedule or constmction budget, the Architect shall prepare, for approval b} the Owner. Design Development Document,. consisting of drawings and other documents to fix and describe the size and character of the Project a~ ro architectural. struc- tural. mechanical and electrical svs;ents, material> and such other elements a~ ma} be appropriate 2.3.2 The Architect shall advise the Owner of anc adlusunenh to the preliminar} estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the appmccd Design Development Doco- men[s and any further adjustments in the scope or qualit}~ of the Project or in the constmction budget authorized by the Owner, the Architect shall prepare, for approval by [he Owner. Construction Documents consisting of Drawings and Specifica~ [ions setting forth in detail the requirements for the conttruc- tion of the Project. 2.4.2 The Architect shall assist [he Owner in [he preparation of the necessary bidding information, bidding forms, the Condi- tions of [he Contract, and the form o(Agreemrnt be[w~een the Owner and Contractor 2.4.3 The Architect shall advise the Owner of any adjustments to precious preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibilitc for filing documents required for the approval of governmental authorities hating jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the constmction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect s responsibiliry~ to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at [he earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the VG'ork, unless extended under the terms of Subparagraph 10.3.3. 2.6.2 The Architect shall provide administration of the Con- tract for constmction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Constmttion, current as of the dare of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Dtities, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonahl}~ withheld. AIA DOCUMENT 1111 • OTt~NER~ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA• • G19R~ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEIX' TORE AVENGE, N V:-, Tt'ASHINGTON, D.C. 2fxx)G 8741-1987 2 2.6.4 The Architect shall be a representative of and shall advise and consult w'i[h the Owner (i) during construction until final pavmem to the Contractor is due. and (?) as an Additional Ser- vice at the Owner's direction from time w time during the cor- rection period described N the Contract for Construction. The Architect shall hate authority' to act on behalf of the Owner only to the extent provided in this Agreement unless o[herw'ise modified be written instrument. 2.6.5 The Architect shall visit the site at inten~als appropriate to the stage of construction or ac otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and qualit}' of the U"ork completed and to determine in general if thr Wurk is being performed in a man ner indicating that the ~l'ork when completed will be in accor- dance with [he Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the qualit}' or quan[iq' of the AX'ork. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and qualip' of the Vfork, and shall endeavor to guard the Owner against defects and deficiencies N the VC"ork. (More eatersit~e sire represerttatiwt may be agreed to cts nn Addiriortal Serrice, as described in Paragraph 3.2.) 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for consruction means, methods. techniques, sequences or procedures. or for safe[}' precautions and programs in connection with the ~Y'ork, since these are solely the Contractors responsibilitc under the Contrac[ for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the IX'ork in accor- dance with [he Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Convac- tor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Vfork. 2.6.7 The Architect shall at all [[roes have access to the V:'ork wherever it is in preparation or progress. 2.6.8 Except as map otherwise be provided in the Contract Documents or when direct communications have been spe- cially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Archi- tect's consukants shall be through [he Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the anmounts due the Contractor 2.6.10 The Architect's certification for payment shall consti- tute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Pay- ment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for confommance with the Contract Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- tract Documents correctable prior to completion and to spe- cific qualifications expressed b}' the Architect. The issuance of a Cenificate for Payment shall further constitute a representation that the Contractor is emitlyd to payment in the amount certi- fied. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaus- tive or continuous on-site inspections to check the quality or quantity of the VGOrk, (2) reciew~ed construction means, meth od-c. techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material sup- pliers and other data requested by [he Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor hac used money prev'ioush~ paid on accoum of the Contract Sum 2.6.11 The Architect shall have authorin~ to reject Vtbrk which does not conform to the Contrac[ Documents. IX'henever [he Architect considers it necessan or advisable for implementa- tion of thr intent of [he Contract Documents, the Architect w'ilI hate authorin~ to require additional inspection or testing of the Vibrk in accordance with the provisions o(the Contract Docu- ments, whether or no[ such Vibrk is fabricated, installed or completed. Huw-ever, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exer- cise such authoriq• shall give rise to a duty• or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or emplo}ees 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 onl}~ for the limited purpose of checking for conformance w•i[h information given and the design concept expressed in the Contract Documents. The Architect's attion shall be taken w•i[h such reasonable promptness as to cause no delay in the Work or in the con- struction of the Owner or of separate contractors, while allow- ing sufficient time in the Architect's professional judgment to permit adequate review. Review' of such submittals is not con ducted for the purpose of determining the accuraq~ and com- pleteness of other details such as dimensions and quantities or for substantiating instructions Cor installation or performance of equipment or s}'stems designed b}' the Contractor, all of which remain the responsibilit}' of the Contractor to the extern required b}' the Contract Documents. The Architect's review shall not constitute approval of safer' precautions or, unless otherwise specificall}' stated by the Architect, of constmetion means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. y%'hen professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such cenification to establish that the materials, systems or equip- ment will meet the perfommance criteria required b}' the Con- tact Documents. 2.6.13 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if deemed necessar}~ by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Comrac[ Sum or an extension of [he Contract Tune which are not inconsistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dales of Substantial Completion and the date of final completion, shall receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract Documents and assem- bled b}' [he Contractor, and shall issue a final Certificate for Pay- ment upon compliance with the requirements of the Contract Documents. AIA DOCUMENT 871 ~ OMNER-ARCHITECT AGREEMENT ~ FOURTEEf TH EDITION ~ AIA~ ~ ©19N' 3 8741.1987 THE AMERICAN INSTITt'TE OF ARCHITECTS, 1735 NEw'YORK AVENUE,NQ'., R'ASHINGTON, QC. 200(K. 2.6.15 The Architect shall interpret ano decide matters com cerning performance of the Owner and Contractor under the requrements of the Contract Dexumencs on written request of either thr Owner or Contractor The Archirect'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 be consistent with the intent of and reasonably inferable from [he Contract Documents and shall be N writing or N the form of drawings When making such interpretations and ini[ial deci- sions, the Architect shall endeavor m secure faithful perfor manes b}' both Owner and Contractor, shall not show partialin to either, and shall not be liable for results of interpretations or decisions so rendered N good fai[h 2.6.17 The Architect's decisions on matter. relating to aesthe- tic effect shall be final if consistem with the invent expressed in the Conuact 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 to the execu- tion or progress of [he Work as provided in the Contract Documents. 2.6.19 The Architect's decisions on claims, disputes or other ma[rers, including [hose in question be[w~een the Owner and Contracor, except for those relating to aesfietic effect as pro vided in Subparagraph 2.6.1?, shall be subject to arbitration as provided in this Agreement and m [he Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Sen•ices unless so identified in Article 12, and [hey shall be paid for by the Owner as provided in this Agreement, in addition [o 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 33 are required due to circumstances beyond the Architect's control, the Architect shall notifi- the Owner prior to com- mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Addi- tional Services are not required, [he Architect shall have no obli- gation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 ~ If more extensive representation at the site than is described in Subparagraph 2.6.5 B required, the Architect shall provide one or more Project Representatives to assist in carry- ing out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed be the Archirect, and the Architect shall be compen- sated dmere(or as agreed by the Owner and Architect. Thr du[ies, responsibilities and 1unitations of authoriq~ of Project Representatives shall be as described in the edition of AIA Document B352 current as of [he date o(this Agreemen[, unless otherwise agreed. 3.2.3 Through the ooservuions be such Projec[ Represem tatives, the Architect shall endeavor to provide further protec- tion for the Owner against defects and deficiencies in the V('ork, but the furnishing of such project representation shall not modifi~ [he rights, responsibilities orobligations of [he Architect as described elsewhere in this Agreement. , 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings. Specifications or other documents when such revisions arc: .1 inconsistent with approvals or instructions preciously given be the Owner, including revisions made neces- sary be adjus[ments in the Owner's program or Proj- ect budge[; .2 required by the enactmen[ or recision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's fail- ure to render decisions N a timely manner 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qual- irv, complexiq~, the Owner's schedule, or the method of bid ding or negotiating and contracting for mnstmction, except for services required under Subparagraph 5.2.5 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor s proposals, and providing other services in connection with Change Orders and Construction Change Dvectives. 3.3.4 Providing services in connection with evaluating substi~ tu[ions proposed by the Contractor and making subsequem recisions to Drawings, Specifications and other documen[ation resul[ing therefrom. 3.3.5 Providing consultation concerning replacemen[ of VC'urk damaged b}- fire or other cause during construction, and fur- nishing services required in connection with the replacement of such Vi'ork. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Convactor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of dainms submitted by the Contractor or others in connection with the ~ti'ork. 3.3.8 Providing services in connection with a public hearing. arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for ahemate, separate or sequential bids or providing services in connection with bidding, negotia- tion or constmction prior to the completion of the Conswc- tion Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses o(' the Owner's needs and progranr nming the requirements of the Projen. 3.4.2 Providing financial feasibilitc or other special studies. 3.4.3 Providing planning surve}'s, site evaluations or com- parative studies ofprospective sites. AIA DOCUMENT Bltl • OR'NER~ARCNITECT AGREEMENT • FOURTEEKfH ED1710R •AIA• • C' 19A' THE AMERIC.l\[NST[iL'TE OF ARCFitTECTS,[735 NEW'YORKAVENUE,NC'., WASNINGTOS,DG 2(NNX> 8141-987 4 3.4.4 Pruciding special surveys. em irunmental studies and submission. required fur xppntcals of governmental authonurs or others having jurisdiction veer the Pntjret. 3.4.5 Pruciding services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or «t make measured drawing thereof. 3.4.7 Providing services « I verifi~ [he accuracy of drawings or other information Curnishrd be the Owner 3.4.8 Providing coordination of constmction perfi lmted bs separate contractors or by the Owner s nwn forces and ttx>rdi~ nation of services regwrrd in connection with constmetiun performed and eyuipment supplied be the Owner 3.4.9 Procidmg services in connecuon with the work of a tom strucuon manager or separate consultants retained b}' [he Owner 3.4.10 Pnwiding detailed estimates of Conswction Cost. 3.4.11 Providing detailed quantin sun'eys or inventories oC material, eyuipment and labor 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required fur or in connection w'i[h the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equip men[, or valuations and detailed appraisa6 of existing CaciGties. 3.4.16 Preparing a set of reproducible record drawings show- ing significant changes in the ~Y'ork made during construction based on marked-up prints, drawings and other data famished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals. training personnel for operation and maintenance, and consultation during operation. $.4.18 Providing services aher issuance to the Owner of the final Certificate for Payment, or in the absence of a final Cer- tificate for Payment, more than 60 dacs after the date of Sub- stantial Completion of the Work. 3.4.19 Providing services of consutants for other than archi- tectural, structural, mechanical and electrical engineering por [ions of the Project provided as a part of Basic Services. 3.4.20 Providing an}' other services not otherwise included in this Agreement or not custotnarily famished in accordance with generaGy accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide toll information regarding requvemerits 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 On nrr sh:dl rstarrhsh and update an overall budget fur the Project, including the Construction Cost. the Owner's other co<[> and rrasunahle contingrncirs related [u all of these cOFb. 4.3 If requested b} [he Architect. the Owner shall furnish eci~ dente [hat financial arrangements have been made to fulfill the Ow'ner's obligations under this Agreement. 4.4 Thr Ow-nee shall designate a representative authorized « ~ act on the Owner's behalf With respect to the Project Thr Owner nr such authorized representative shall render decisions in a timeh manner pertaining to ducumena submitted b} the Architect in order to as oid unreasonable delay in [he ordrrh and sequen[iai progress of the -Architect's sc n~ices. 4.5 The On nee shall furnish surveys describing phpsiral characteristics, legal limitations and utilin~ locations for the site of the Prujrct, and a written legal description of the site The surveys and legal information shall include, as applicable, grades and Gees of streets, alleys, pavements and adjoining prupertp and stmctures; adjacent drainage, rights-of-wa}', restnaions, easements. encroachments, zoning, deed restric- tions, boundaries and contours of the site; locations, dimen- sions and necessary data pertaining to existing buildings, other impnroemen[s and trees; and in(omtation concerning available utiliq' services and lines, both public and private, above and below grade, including inverts and depths. All the information on the rune} shall be referenced to a project benchmark. 4.6 Thr Ow-nrr shall furnish the services of geotechnical engi~ veers when such services are requested by the Architect. Such sen•ices mac 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- tivin tests, including necessary operations for anticipating sub- soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consul- tants when such services are reasonably required b}' the scope of the Project and are requested by the Architect. 4.7 The Owner shall furnish stmetural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratoq' and em'ironmental tests, inspections and reports required b}' law or the Contract Documents. 4.8 The Owner shall famish all legal, accounting and insurance counseling services as may be necessar}' a[ any tine for [he 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 b}' or on behalf of the Owner 4.9 The services, information, surve}'$ and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be en[ided to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to [he 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 be submitted to the Architect for review' and approval a[ least 14 daps prior [o execution. The Owner shall not request certifica [ions that would require knowledge or services beyond the scope of this Agreement. AIA DOCUMENT 811 • OV(NER~ARCHITK:T AGREEMEST • FOURTEENTH EDITION • AIA• • G 19R- 5 8141.1987 THE AMERICAN INSTITCTE OF ARCHITEQS, I';5 NEw YORK AVENUE, N]l , M'ARHINOTOR D.C. 200n6 ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Corotnction Cost shall be the total colt or esti- mated cos to the Owner of all elements of the Project designed or speci0ed he the Architect 5.1.2 The Constmction Cost shall include the cost at currcm market rates of labor and materials furnished he rhr Owner and equipment designed. specified, selected or specials}' prncidcd for be the Architect. plus a reasonable allowance (or [he Con- tractor soverhead and pnrfu. In addition. a reasonable allow - ance for contingencies shall be included kir market conditions at the tune of bidding and fur changes in the ~ urk during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-o6w~ac, financing or other costs which are the respon- sibilitc of the Owner a~ provided in Article i. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, prcliminan~ estimates of Construction Cost and detailed estimates of Corr struction Cost, if ans. prepared by the Architect, represent the Architect's best judgment ac a design professional Camiliar with the construction indus[n~. It is recognized, however, that nei- ther the Architect nor [he 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 warrant or represent that bids or negotiated prices wID not can' from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to b}'the Architect. 5.2.2 No feed 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 feed 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 construction are to be included in the Contract Documents, to make reasonable adjustments N the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Constmction Cos[ to the fixed Iunit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract -Sum occurring after execution of the Contract fof Cotstruction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Conswction Documents to the Owner, any Project budget or fixed limit of Constmction Cost shall be adjusted to reflect changes in [he general level oCprices m the construction industry between the date of submission of the Consmctiun Documents to the Owner and [he date on which proposals are sough[. 5.2A If a Cixed 5mit of Conswction Cost (adjusted as pro- vided N 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 limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned. terminate in accordance with Paragraph R i. or .4 cooperate in revising the Pntject scope and yualin a~ required to reduce [he Consvuaian Cost 5.2.5 I(the Ow-nee chcxlses to proceed under Clause 5.2.v.4. the Architect, without additional charge shall modifi~ the Con tray Ik ~atmen[s as necessan to compl}~ w-ith the tied Imtit. if established a a condition of rhi+ Agreement. The modification of Con[rait Documents shat; be [hr limit o! [he Architect's respnnsibilip~ arising out of the establishtnen[ of a fixed limit. The Architect shall br entitled to compensation in accordance with this Agreement fur all serciccs performed whether or no[ [hr Consvucuun Phase is commenced ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings. Specifications and other documents pre- pared b} the Architect for tht~ Project arc instruments of the Architect's service for use solrl}~ w~i[h respect to this Project and, unless otherwise provided, the Architect shall be deemed the author oRhese documents and shall retain all common law, statuton~ and other resen~ed rights, including the cup}~right The Owner shall be permitted to retain copies, including repnt- ducible copies, of [hr 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- tect's Drawings, Specifications or other documents shall no[ be used by the Owner or others nn other projects, for additions to this project or for completion of this Project be others, unless the Architect is adjudged [o be in default under this Agreement, except by agreement in writing and with appropriate comprn- sa[ion to the Architect. 5.2 Submission or distribution of documents to meet official regularon~ requirements or for similar purposes in connection with the Project is not to be constmrd aa 8141-1967 8 11.2.2 lY~here compensation is based on a stipu)ated sum or percentage of Conswction Cost, progress papmenrs for Basic Sen~ices in each phase shall « xal the hdlowing.percen[ages of the totz Basic Comperation pa~~able (/oar r: uddennntl ph.l.e. as a(t( rr~~ntr / Schematic Design Phase: Design Decelopmem Phase Construction Drxuments Phase. Bidding or Negotiation Phase. Construction Phase. Total Basic Compensation: percent(20 %) percent (20 %) percent (50 9r 1 percent (10 ~ ) percent( %) one hundred percent (100 io) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3,1 FOR PROJECT REPRESENTATION BEYOND BASIC SER\1CE5, as described in Paragraph 3.2, compensation shall be com- puted as follows: an hourly basis. See attached schedule. This contract does not include providing Contract Adtninistration. Those services will be provided upon request of the Owner and will be billed on an hourly basis as shown in Article 12. Travel charges are an expense of the Architect. X1.3.2 FOR ADDITIONAL SER\7CES OF THE ARCHITECT, as descdbed N Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) sen•ices included in Article 12 as pan of Additional Services, but excluding ser- vices of consul ants, compensation shall be computed as follows: (/nsnt bests of mmp<+rsonon, Including roles and~or multiples of Drrx! Personnel Ezperue for Pn'ncipals arrd employees, arN iMrfiJt~ Pnnrijwfs and Vass Jf' emp/u}srs iJ requved ldnurJl spenfic sen'ires m u~bich parficufar mefhWS of mmperuolion app/1', if necessap'.J Refer to Article 12 for billing rate for additional services. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified N Article 12 as part of Additional Services, a multiple of One point two (1.20 ) tunes the amounts billed to the Architect for such services. (ldenfifP spa'ifir types of wnsulfonrs !n Article 11, !J required) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other i[ems included N Article 12 as Reimbursable Expenses, a multiple of one point two ~(1 .20 ) ~~ [he expenses incurred by [he Architect, [he Architect's employees and mnsultanrs in tfie inrerest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within ( 1 g ) mon[hs of the date hereof, [hrough no fault of the Architect, extension of the Architect's services beyond that [ime shall be compensated as provided !n Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable thirty ( 30 )days from the date of the Architect's invoice. Amounts unpaid thirty-one ( 31 )days after the invoice date shall bear interest at the 'rate entered below, or in the absence thereof at the legal rare prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreee upon J $ $ (Usury loos and requirements under fbe Fedrrd Trufb in Lending Acl, s/mi/ar smfr and lud con~vmrr rredir /aus and ofber regulations of (be Ounce's and Archi~ seer's pnnnpo/ plores of business, lbe lownon of flu ProJecf and elseurbere cool' aJ/erf the uahdiry of Ibis pror~rsion. Speci/ir kgd advice sAwld br o6fained utit6 resplrf fo deletions or mLdiJ¢afion3i and abo regarding requirements sod as u+itten disUosures or unirrrs ) Q 6141.1887 AIA DOCUMENT 8141 • OIX~RER~ARCHITECT AGREEMEIT • FOL'RTEE!s7H EDI710R • AIA~ • ©198" 7HE AMERICAR INSTITLTE OF ARCHITECTS, 1 ]35 REV:' YORK AVERCE. R.w., Q ASHIRGT01, D.C. 200(>F 11.5.3 The rates and multiples set furth for .4ddi[ional tien~ices shall hr annualh~ adjusted in accordance with normal salan~ review prat[ices of [hr Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (/rte rr( rG~+. rynurn e f o(brr sen xna rdrnhfr Apdxhorux: Serz eves vr. LrArJ uvbn Hu.n (nrnpnrux.rvn taru( mu,lxp,annrn k. Uu Jwrment mxd r'nrnjr~n.nnnrr (er ne+ InJudrd xn rb([ Agnraueni I The billing rate for additional services as described in Article 3,','Additional Services", shall be billed at the below listed rates per personnel involved. Principal-Architect/Engineer. . Project Architect. Interiors/Space Planners. . Construction Administrator (Field). . Senior Technician-Level I. . Senior Technician-Level II. . Technician-Level I . Word Processing. . $85.00/hour . $50.00/hour . $45.00/hour . $55.00/hour . .$35.00/hour . $30.00/hour . $17.50/hour . .$17.50/hour This Agreement entered into as of the day and year first written above. OW'NE COUNTY County Judqe Robe 1rt`'-lAl'.-Denson (Prin(ed ranee anA ti!![) ARCHITECT HOLLAND & PA~.'~ER.SON, ARCHITECTS (,SigrxalurO William H. Holland (f'rr>#ed name acrd !irle/ AIA DOCUMENT 8191 • OIX'\EN ARCHITECT .1GREE MF]7 • Ft rl kTEE]TH EDITIUI • AIA" • Cd 9H' THk. AAf ENll 1[NSTITCTt. OF'Ak(.HITECD 1-ii \EV:'YUR1. A~'t]t'E,1R V. ASHISGTU~,DC a(KKKr 81411987 1~ COMMISSIONERS' COURT AGENDA RiJ.)UEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Robert A. Denson MEETING DATE: JULY 1. 1996 SUBJECT: (PLEASE BE SPECIFIC) OFFICE: County Judge TIME PREFERRED: Consider and discuss Standard Contract between Ketr County and Holland & Patterson, Architects for the proposed Office Building on the Ag-Barn Grounds. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: County Judge Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 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 you request being addressed at the earliest opportunity. See Agenda 5:00 P.M. previous Tuesday. Request Rules Adopted by Commissioners' Court. ORDER NO. 23403 APPROVAL OF STANDARD CONTRACT BETWEIIV I{ERR COUNTY AND HOLLAND & PATI'ERS~Q ARCHITECTS, FOR PROPOSID OFFICE BUILDING FOR KERR COUNTY EXTINSICN OFFICE July 1,1996 Vol U, Page 523