ORDER N0.28601 PROFESSIONAL SERVICES AGREEMENT Came to be heard this the 12a` day of April 2004, with a motion made by Commissioner Letz, Seconded by Commissioner Nicholson, the Court unanimously approved by a vote of 3-0-0 to authorize the execution of Professional Services Agreement pursuant to the Texas Department of Transportation General Aviation Terminal Grant. s~~c~/ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINNAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY TRHE COURT. MADE BY: David C. Pearce OFFICE: Airport Manager MEETING DATE: April 12, 2003 TIME PREFERRED: As early as possible SUBLECT: (PLEASE BE SPECIFIC) Consideration and Approval to authorize execution of Professional Services Agreement Pursuant to the Texas Department of Transportation General Aviation Terminal Grant. The County & City_p~roved this project when grant funding was received to design and construct a General Aviation Terminal facility in November 2003. We are now ready to enter into the fast sta e of this proiect. This Joint Resolution is for County Commissioners and City Council to authorize staff to enter into an agreement for Architectural Services to design a General Aviation Terminal facility vehicle- parkinQ lot and any necessary apron improvements funding, A Request for Qualifications (RFQ) was advertised and six firms responded A committee reviewed the RFQ's and recommends selection of GRW WILLIS INC to perform the Architect Services Project Funds of $600,000 are available. Professional Services will not exceed $80 000. This Resolution authorizes _ ex enditure of 80 000 for Professional Services. Request Commissioners and Council members support the committees Architect selection EXECUTNE SESSION REQUESTED: (PLEASE STATE REASON) None NAME OF PERSON ADDRESSING THE COURT: David C. Pearce ~.. ESTIMATED LENGTH OF PRESENTATION: 10 Minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE N/A 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: 5:00 P.M. Tuesday. 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 the time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Rules Adopted by Commissioners' Court. CITY OF KERRVILLE, TEXAS RESOLUTION NO. -2004 COMMISSIONERS COURT OF KERR COUNTY, TEXAS RESOLUTION NO. 2 $ 6 01 A JOINT RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE DESIGN OF A GENERAL AVIATION TERMINAL AND VEHICLE PARKING AREA AT THE KERRVII.LE/KERR COUNTY MUNICIPAL AIRPORT WHEREAS, the City of Kerrville, Texas (City), and Kerr County, Texas (County), as j oint owners of the Kerrville/Kerr County Municipal Airport (Airport), received a grant to construct a general aviation terminal and associated improvements at the Airport; and WHEREAS, the Aviation Division of the Texas Department of Transportation (TxDOT) has authorized the City and County to proceed with the design of a general aviation terminal and related improvements; and WHEREAS, the Airport Manager recently advertised for and then obtained six (6) proposals from professional architectural and engineering firms related to the preparation of a preliminary study and design specifications for the project; and WHEREAS, a committee then determined that GRW Willis, Inc. of Arlington, Texas, presented the most advantageous proposal for such services at rates and charges that are fair and reasonable; and WHEREAS, the City Council of the City of Kerrville, Texas, and the Commissioners Court of Kerr County, Texas, find it to be in the public interest to enter into the professional services agreement with GRW Willis, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KERRVILLE, KERR COUNTY, TEXAS AND THE COMMISSIONERS COURT OF KERB COUNTY, TEXAS: SECTION ONE. That the Mayor and City Clerk, acting on behalf of the City of Kerrville, Texas, and the County Judge and County Clerk, acting on behalf of the County of Kerr, Texas, are hereby authorized to execute and attest, as appropriate, a professional services agreement with GRW Willis, Inc., 1161 Corporate Drive West, Suite 170, Arlington, Texas 76006, to provide professional architecturaUengineering services related to the preliminary study and design specifications for the construction of the general aviation terminal and related improvements at the Kerrville/Kerr County Municipal Airport, the provisions of which contract shall be substantially as set forth in Exhibit "A", attached hereto and incorporated herein by reference. SECTION TWO. That the City Finance Director is hereby authorized and directed to pay GRW Willis, Inc., an amount not to exceed $80,000.00 in accordance with the provisions ofthe contract described in Section One, above, upon receipt of invoice and approval by the City Manager from current funds -i- available for such purposes in Budget Account No. 75-940-602-O1. PASSED AND APPROVED ON this the day of ATTEST: Sheila L. Brand, City Clerk Stephen P. Fine, Mayor A.D., 2004. PASSED AND APPROVED BY THE C MMISSIONERS COURT OF KERR COUNTY, TEXAS, ON this the j~2 day of , A.D., 2004. ATTEST: Janneft Pieper, County Clerk ~' VED AS TO FORM: ~ ~ 9C~VNTY, ~~ ' •Mo ey, County Attorney U:~Lega1WIRPORTIRES~Architectural Services GRW Willis 033004.doc fem.-.._~ - - --Pat-Trey, ounty Judge - 2 - PROFESSIONAL SERVICES AGREEMENT BETWEEN OWNER AND ARCHITECT This AGREEMENT is made this the 2004, between the City of Kerrville, hereinafter referred to as "OWNER", and GRW WILLIS, INC., 1161 Corporate Drive West, Suite 170, Arlington, Texas 76006, hereinafter referred to as "ARCHITECT", for architectural and engineering services in connection with the preparation of plans and specifications for the design of a new general aviation terminal building at Kerrville County/Kerrville Municipal AirporUSchreiner Field Airport, Kerrville, Texas. WITNESSETH: OWNER and ARCHITECT do hereby agree as follows: ARTICLE 1 SCOPE OF ARCHITECT'S SERVICES AND RESPONSIBILITIES The ARCHITECTS Basic Architectural Services shall consist of the following phases described in Paragraphs 1.1 through 1.6 and include normal structural, mechanical, and electrical engineering services. Civil Engineering Services shall be included in project fees, but will be accounted for separately due to the separate grant funding for the building and parking. 1.1 ARCHITECT'S SERVICES 1.1.1 The goal of the project is to construct a new General Aviation Terminal Building and related automobile parking lot at Kerrville County/Kerrville Municipal Airport/Schreiner Field Airport. Upon request of the OWNER, the ARCHITECT shall submit for the OWNER's approval a schedule for the performance of the ARCHITECT's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the OWNER's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the OWNER shall not, except for reasonable cause, be exceeded by the ARCHITECT or OWNER. 1.1.2 The project architectural design shall be generally limited to the terminal building and an area extending five feet (5') from the building perimeter in all directions except that provisions for access, utilities connections at the site or coordination with related projects will be included as basic services. Design of projects outside the five-foot (5') perimeter shall be accomplished as additional services or as separate projects as shown in the project budget. 1.1.3 The ARCHITECT shall not begin on any phase of the work until authorized by the OWNER in writing. 1.2 PRELIMINARY DESIGN (PHASE 1) (Includes programming and schematic design) 1.2.1 The ARCHITECT shall review the Project requirements furnished by the OWNER to ascertain the scope of the Project and shall review the understanding of such scope with the OWNER. 1.2.2 The ARCHITECT shall provide a Project program which generally defines the basic Project in terms of areas, function, materials, other basic attributes and estimate of time for services and construction. 1.2.3 The ARCHITECT shall review with the OWNER alternative approaches to design and construction of the Project. 1.2.4 Based on the mutually agreed upon program and Project budget requirements, the ARCHITECT shall prepare, for review and approval by the OWNER, Preliminary Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. Preliminary design shall contemplate compliance with all applicable rules, statutes, ordinances, codes and regulations. 1.2.5 The ARCHITECT shall establish the scope and advise OWNER of any field surveys and test, which in the opinion of the ARCHITECT may be required for design and shall submit a request to OWNER for such work to be done for OWNER's account. 1.2.6 The ARCHITECT shall submit to the OWNER a cost estimate based on current area, volume or other unit costs. ,_„ 1.3 DESIGN DEVELOPMENT (PHASE 2) 1.3.1 Based on the Preliminary Design Documents and any adjustments authorized by the OWNER in the program or Project budget, the ARCHITECT shall prepare, for review and approval by the OWNER, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to architectural, structural, mechanical and electrical systems, materials, and such other elements as may be appropriate. 1.3.2 ARCHITECT shall prepare six (6) copies of design development documents for use by OWNER. 1.3.3 The ARCHITECT shall submit to the OWNER another refined cost estimate. 1.4 CONSTRUCTION/CONTRACT DOCUMENTS (PHASE 3) 1.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the Project budget authorized by the OWNER, the ARCHITECT shall prepare and present to OWNER for review all construction contract documents using forms supplied by OWNER (which do not include plans or technical specifications) and construction contract documents including plans and specifications setting forth in detail the requirements for construction. .- 1.4.2 ARCHITECT shall prepare three (3) copies of each review set of plans and specifications for use by OWNER. 2 1.4.3 The ARCHITECT shall advise the OWNER of any adjustments to previous cost estimates indicated by changes in requirements or general market conditions by preparation of a revised cost estimate. 1.4.4 The ARCHITECT shall assist the OWNER in filing documents required for the approval of governmental authorities having jurisdiction over the Project, if any. 1.5 BIDDING/CONTRACTOR LIAISON (PHASE 4) 1.5.1 The ARCHITECT, following the OWNER's approval of the construction contract documents and of the most recent cost estimate, shall assist in obtaining bids, tabulating bids, and in awarding the contract for construction. The cost of advertising or publication of notice to bidders will be at OWNER's expense. The ARCHITECT shall arrange for the printing of the construction contract documents, the distribution of same to prospective bidders and to plan rooms, and the issuance of addenda (if any) following OWNER's prior approval. The cost for printing of construction documents shall be at OWNER's expense. The ARCHITECT will assist the OWNER in reviewing the Statement of Bidder's Qualifications, financial statements of bidders, lists of bidders' proposed subcontractors, and all other documents required by OWNER to be submitted with the bids, and shall make a recommendation to OWNER regarding award of bid. ARCHITECT will also conduct apre-bid conference and shall answer all questions of prospective or potential bidders and OWNER's staff and ,.., will make all necessary clarifications and interpretations of the construction contract documents. 1.6 CONSTRUCTION PHASE -ADMINISTRATION OF THE CONSTRUCTION CONTACT (PHASE 5) 1.6.1 The Construction Phase will commence with the award of the Contract for Construction and will terminate at the issuance to the OWNER of the final certificate for payment unless extended. The ARCHITECT's responsibility to provide basic services will terminate upon the issuance to the OWNER of the final certificate of payment. 1.6.2 Unless otherwise provided in this Agreement and incorporated in the construction contract document, the ARCHITECT shall provide administration of the Contract for Construction as set forth herein and in the construction contract documents approved by OWNER. Minor deviations from the construction contract documents that do not affect the validity of performance bond(s) are permitted. 1.6.3 The ARCHITECT shall be representative but not an agent of the OWNER during the Construction Phase, and shall advise and consult with the OWNER and provide advice, if any, to OWNER in writing. OWNER's instructions to the Contractor shall be forwarded through the ARCHITECT, unless (1) ARCHITECT is unavailable by telephonic communication or otherwise to issue instructions necessary for the proper progress and acceptance of work; (2) when jeopardy to life and/or property exists; and/or (3) when lack of instructions and/or unavailability of ARCHITECT will result in, in OWNER's opinion, harm to OWNER, in which case instructions may be forwarded -- directly to the Contractor by OWNER. The ARCHITECT shall have authority to act on behalf of the OWNER only to the extent provided herein and in the construction contract documents unless otherwise modified by written instrument in accordance with Section 1.6.8. Any instructions issued 3 directly by OWNER to Contractor shall be immediately communicated to ARCHITECT if the ARCHITECT was unavailable at the time of issuance of instructions. 1.6.4 The ARCHITECT shall not have control or charge of the Work and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for the acts or omissions of the Contractor, Subcontractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the construction contract documents. The ARCHITECT shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The ARCHITECT shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 1.6.5 The ARCHITECT shall at all times have access to the Work wherever it is in preparation or progress. 1.6.6 The ARCHITECT shall verify the amounts owing to the Contractor based upon on-site professional observations and on evaluations of the Contractor's Applications for Payment including comparisons of Contractor's monthly reports with his Applications for payment, and shall make recommendations for Payment in such amounts, as provided in the construction contract documents, or take such other appropriate action which the ARCHITECT deems necessary. 1.6.7 The ARCHITECTSs certification for Payment shall constitute a representation by ARCHITECT to the OWNER, based on the ARCHITECT's observations at the site as provided in Subparagraph 1.6.4 and on the data comprising the Contractor's Application for Payment, that to the best of the ARCHITECTS' knowledge, information and belief, the Work has progressed to the point indicated; that the quality of the Work is in acceptable conformance with the construction contract documents (subject to an evaluation of the Work for conformance with the construction contract documents upon Substantial Completion, subject to the results of any subsequent tests required by or performed under the construction contract documents, subject to minor variations from the construction contract documents correctable prior to completion, and subject to any specific qualifications stated in the Certificate for Payment); the issuance of the Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the ARCHITECT has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the construction means, methods, techniques, sequences or procedures, (3) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 1.6.8 The ARCHITECT shall have the responsibility and authority to reject Work which does not conform to the construction contract documents. Whenever, in the ARCHITECTS opinion, it is necessary or advisable for the proper implementation of the intent of the construction contract documents, the ARCHITECT will have authority to require special inspection or testing of the Work in accordance with the provisions of the construction contract document, whether or not such Work ,,.., be then fabricated, installed or completed. However, neither this authority of the ARCHITECT nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the ARCHITECT to the Contractor, Subcontractors, material and equipment 4 suppliers, their agents or employees or other persons performing portions of the Work. The ARCHITECT shall monitor and review the work and results of all testing laboratories as required by OWNER. 1.6.9 The ARCHITECT shall prepare Change Orders for the OWNER's approval and execution in accordance with the construction contract documents, but shall not issue change orders not previously approved in writing by OWNER, and no course of conduct on the part of ARCHITECT or OWNER shall act to amend, waive or alter this provision. 1.7 CLOSE OUT SERVICES (PHASE 6) 1.7.1 This phase consists of primarily of administrative and technical services relative to completion of the construction and acceptance of the building and related improvements. 1.8 ADDITIONAL SERVICES For the purposes of this Contract, additional services will be considered to be all services not included in the basic contracted services as identified in Article 1, excluding Section 1.8. Additional services shall be provided if authorized or confirmed in writing by the OWNER, as provided in this '~ Agreement, and compensation shall be in addition to that specified for basic services. Compensation for additional services shall be in accordance with Article 8 of this Agreement. Additional services shall include but not be limited to the following potential work items: 1.8.1 Making revisions in plans, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given or are due to other causes not solely within the control of the ARCHITECT. 1.8.2 Additional copies of construction contract drawings, specifications, and other construction contract documents other than those provided for in paragraph 1.4.2 hereof as a part of Basic Services. 1.8.3 Preparation and issuance of Addenda made necessary by OWNER's requested changes or modifications which are inconsistent with written approvals or instructions previously given or are due to other causes not solely within ARCHITECT's control. 1.8.4 Preparation of special documents for information or public relations use such as architectural renderings, photographs or models. 1.8.5 Resident Project Representation beyond that provided as a part of Basic Services. 1.8.6 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practices. 5 1.9 TIME SCHEDULE 1.9.1 The ARCHITECT shall submit to the OWNER within 150 calendar days of the date of this contract, the final construction contract documents, plans and specifications. As used herein the term "final" construction contract documents, plans and specifications shall be interpreted to mean the construction contract documents, plans and specifications as reviewed and finally approved by the OWNER. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The OWNER shall provide full information regarding requirements for the Project. Such information may include program requirements, which shall set forth the OWNER' design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirements. 2.2 The OWNER shall provide and implement a budget for the Project. It shall include contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the OWNER, including those described in this Article 2 and in Subparagraph 3.1.2. 2.3 The OWNER shall provide access to and make all necessary provisions for the ARCHITECT to enter upon public and private property as required for the ARCHITECT to perform its services under this Agreement. 2.4 The OWNER shall furnish geotechnical, structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the construction contract documents or as reasonably needed by the ARCHITECT. The ARCHITECT shall not be held responsible for its reliance on any such information supplied by OWNER provided that ARCHITECT does not know or reasonably cannot be expected to know of any deficiency or error in such information supplied by OWNER. 2.5 The OWNER shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the OWNER may require to ascertain how or for what purposes the Contractor uses the money paid by or on behalf of the OWNER. 2.6 The OWNER shall furnish information and services and shall render responses and conduct its review of written materials as expeditiously as possible. 2.7 The OWNER shall pay all costs incident to obtaining bids or proposals form contractors. 2.8 The OWNER shall either direct the ARCHITECT to perform any and all Additional Services necessary to complete the Project or shall furnish such services itself. 2.9 The OWNER shall pay all fees for filing and processing permits in connection with the Project. 6 2.10 The OWNER shall bear all costs incident to this Article. 2.11 OWNER shall furnish all necessary field surveys and geotechnical investigations which are required to provide design data. Field surveys for construction purposes generally include the layout of structures, pipelines, roadways, quantity and measurement determination, and surveys required to establish location of land boundaries and corners. Geotechnical investigations determine site, soil and subsurface data needed for design. The ARCHITECT shall establish the scope of said surveys and investigations as set forth in Article 1, paragraph 1.2.5. ARTICLE 3 CONSTRUCTION COST 3.1 DEFINITION 3.1.1 The Construction Cost shall be the total cost or estimated cost to the OWNER of all elements of the Project designed or specified by the ARCHITECT, and as approved by the OWNER. 3.1.2 Construction Cost does not include the compensation of the ARCHITECT and the ARCHITECT's consultants, or other costs which are the responsibility of the OWNER as provided in Article 2. . 3.2 RESPONSIBILITY FOR CONSTRUCTION COST 3.2.1 Evaluations of the OWNER's Project budget, preliminary and detailed cost estimates, if any, prepared by the ARCHITECT, represent the ARCHITECT'S best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the ARCHITECT nor the OWNER has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market of negotiating conditions. Accordingly, the ARCHITECT cannot and does not warrant or 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 to by the ARCHITECT. 3.2.2 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, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction 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 Construction. ARTICLE 4 TERMINATION, SUSPENSION OR ABANDONMENT ~. 4.1.1 This Agreement may be terminated by either party upon not less than 15 days written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 7 4.1.2 If the Project is suspended by the OWNER for more than 60 consecutive days, the ARCHITECT shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the ARCHITECT'S compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the ARCHITECT'S services. 4.1.3 This Agreement may be terminated by the OWNER upon not less than seven days written notice to the ARCHITECT in the event that the Project is permanently abandoned. If the Project is abandoned by the OWNER for more than 90 consecutive days, the ARCHITECT may terminate this Agreement by giving written notice. 4.1.4 Failure of the OWNER to make payments to the ARCHITECT in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 4.1.5 In the event of termination not the fault of the ARCHITECT, the ARCHITECT shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. ARTICLE 5 OWNERSHIP AND USE OF DOCUMENTS 5.1 The Drawings, Specifications and other documents prepared by the ARCHITECT for this Project are instruments of the ARCHITECT'S service for 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. 5.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. ARTICLE 6 MISCELLANEOUS PROVISIONS 6.1 Unless otherwise specified, this Agreement shall be governed by the laws of the State of Texas. 6.2 Terms in this Agreement shall have the same meanings as those in the construction contract documents executed by the OWNER and Contractor for this Project. 6.3 As between the parties to this Agreement, as to all acts of failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events when the party commencing said cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. 8 ARTICLE 7 PAYMENTS TO THE ARCHITECT 7.1 DIRECT PERSONNEL EXPENSE 7.1.1 Direct Personnel Expense is defined as the direct salaries of the ARCHITECT'S personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 7.2 REIMBURSABLE EXPENSES 7.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the ARCHITECT and ARCHITECT's employees and consultants in the interest of the Project, as identified in the following clauses. 7.2.1.1 Five project visits are included in the Basic Compensation for the project. Reimbursable expenses include transportation in connection with the Project beyond the five specified trips; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 7.2.1.2 Expense of reproduction, postage and handling of Drawings, Specifications and other documents. 7.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 7.2.1.4 Expense of renderings, models and mock-ups requested by the OWNER. 7.2.1.5 Reimbursable expenses must be approved by the OWNER in advance of expense being incurred. 7.3 PAYMENT ON ACCOUNT OF BASIC SERVICES 7.3.1 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in 8.1. 7.3.2 If and to the extent that the time initially established in Subparagraph 1.9.1 of this Agreement is exceeded or extended through no fault of the ARCHITECT, compensation for any services rendered during this additional period of time shall be computed in the manner set forth in Subparagraph 8.2.1. 9 ARTICLE 8 BASIS OF COMPENSATION The OWNER shall compensate the ARCHITECT for the Scope of Services provided, in accordance with Article 8, Payments to the ARCHITECT, and other terms and conditions of this Agreement, as follows: The total fee paid to ARCHITECT for basic services shall not exceed $69,929.00. 8.1 BASIC COMPENSATION 8.1.1 Total not-to-exceed fees for Basic Architectural Design Services, as described in Paragraphs 1.2 through 1.6, shall be computed as follows: Phase 1 Preliminary Design Phase 2 Design Development Phase 3 Construction/Contract Documents Phase 4 Bidding/Contractor Liaison Phase 5 Construction Phase/General Administration Phase 6 Close-Out $ 9,196.00 $ 13,782.00 $ 26,206.00 $ 2,466.00 $ 4,070.00 $ 2,470.00 TOTAL BASIC ARCHITECUAL DESIGN COMPENSATION** $ 58,190.00 * Includes programming and schematic design ** Does not include fees for surveying, geotechnical or professional cost estimates. 8.1.2 Total not-to-exceed fees for Basic Civil Engineering Design Services shall be computed as follows: Phase 1 Preliminary Design $ 4,005.00 Phase 2 Design Development $ 0.00 Phase 3 Construction/Contract Documents $ 5,997.00 Phase 4 Bidding/Contractor Liaison $ 1,000.00 Phase 5 Construction Phase/General Administration $ 2,000.00 Phase 6 Close-Out $ 610.00 TOTAL BASIC CIVIL ENGINEERING COMPENSATION** $ 11,639.00 ** Does not include fees for surveying, geotechnical or professional cost estimates. 8.1.3 Fees for cost estimating, surveying and geotechnical services anticipated by and obtained on behalf of the OWNER shall be as follows: Cost Estimating $ 1,600.00 ,~., Surveying $ 1,200.00 Geoeechnical $ 3,254.00 10 8.2 COMPENSATION FOR ADDITIONAL SERVICES 8.2.1 For Additional Services of the ARCHITECT, as described in Paragraph 1.7, Compensation shall be computed as follows: Principal $134.00/hour Architect $ 78.00/hour Structural Engineer $ 80.00/hour Mechanical Engineer $ 80.00/hour Civil Engineer $ 80.00/hour Technician $ 43.00/hour Clerical $ 32.00/hour The above-listed cost shall include all salary costs, overhead and profit. ARCHITECT shall prepare an estimate of fees prior to undertaking additional services and OWNER's written approval will be obtained prior to initiating the work. 8.2.2 Hourly rates shown in Paragraph 8.2.1 shall be valid for a period of one year, unless otherwise agreed upon by ARCHITECT and OWNER. If project service requirements exceed one year, the hourly rates may be renegotiated. 8.3 Reimbursable Expenses paid as a part of this Agreement as provided in Article 7.2, shall be billed by the ARCHITECT to the OWNER at cost, plus 10%. 8.4 The OWNER and the ARCHITECT agree in accordance with the Terms and Conditions of this Agreement that if the scope of the Project or of the ARCHITECT'S Services is changed materially, the amounts of compensation shall be renegotiated. Such change shall be subject to approval by the OWNER and the ARCHITECT. KERRVILLE COUNTY By: Pat Tinley County Judge CITY OF KERRVILLE ,~ By: Stephen P. Fine Mayor GRW WILLIS, INC. B. Charles A. Willis, AIA, NCARB Vice President 11