1997-154-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 29TH DAY OF APRIL 1996
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RESOLUTION NO. 97-154
WHEREAS, the City Council of the City of Paris did heretofore, on the 29th day of April,
1996, in Resolution No. 96-037, as the nominating entity for the Greater Paris Development
Foundation, Inc., apply for the Statewide Transportation Enhancement Program Grant for the
project entitled" Paris Santa Fe Frisco Railroad Depot Rehabilitation"; and,
WHEREAS, the City Council ofthe City of Paris did heretofore, in said resolution, accept
the donation of the depot from the Kiamichi Railroad, which depot will be placed towards the
City's twenty percent (20%) cash match necessary under the terms of the grant; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 13th day January,
1997, in Resolution No. 97-004, authorize the execution of the Agreement with the Texas
Department of Transportation for the Paris Santa Fe Frisco Railroad Depot Rehabilitation Project,
CSJ #0901-29-012; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 14th day of July,
1997, in Resolution No. 97-084, authorize the execution of the Lobbying Certification for
Contracts, Grants, Loans, and Cooperative Agreements as a part of said agreement with the Texas
Department of Transportation for said project; and,
WHEREAS, the City of Paris is in need of architectural services under the Paris Santa Fe
Frisco Railroad Depot Rehabilitation Project as funded in the aforementioned Statewide
Transportation Enhancement Program Grant; and,
WHEREAS, Keystone Architects has made a proposal for such services, and it is deemed
appropriate that such proposal be accepted and that a professional services contract be executed;
and,
WHEREAS, the form of the Standard Form of Agreement Between Owner and Architect,
attached hereto as Exhibit A, should, in all things, be approved, and the Mayor of the City of
Paris, Eric S. Clifford, should be authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the
proposal of Keystone Architects for architectural services for the Paris Santa Fe Frisco Railroad
Depot Rehabilitation Project be, and the same is hereby, accepted; and,
BE IT FURTHER RESOLVED, that the form of the Standard Form of Agreement
Between Owner and Architect, attached hereto as Exhibit A, be, and the same is hereby,
approved; and,
BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be,
and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Standard
Form of Agreement Between Owner and Architect for the Paris Santa Fe Frisco Railroad Depot
Rehabilitation Project, under the terms and conditions and in the form shown in Exhibit A,
attached hereto.
PASSED AND ADOPTED this 19th day of December, 1997.
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APPROVED AS TO FORM:
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T. K~~~tAttorney
THE
AMERICAN
INSTITUTE
o F
ARC H t T E C T S
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AlA Document BI41
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Standard Form of Agreement Between
Owner and Architect
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
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AGREEMENT
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made as of the Fifteenth
Nineteen Hundred and Ninety-Seven
BETWEEN the Owner:
(Name and address)
day of
December
in the year of
City of Paris
P.O. Box 9037
Paris, Texas 75461-9037
and the Architect:
(Name and address)
Keystone Architects
P.O. Box 50570
Austin, Texas 78763-0570
For the following Project:
(Indude detailed description of Project, local/on, address and scope.)
Rehabilitation of the Santa Fe-Frisco Depot in accordance with the Secretary of the Interiors Standards
for use as a Visitor & Transportation Center. Community Meeting Rooms and Center of Transportation
History of Paris, Texas. The property is located at the intersection of US 82 and SW 11 th Street in Pari
Texas.
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The Owner and Architect agree as set forth below.
Copyright 1917,1926, 1948, 1951, 1953. 1958, 1961,1963, 1966,1%7, 1970,1974,1977,@1987byTheAmerlc:mInstitute
of Architects, 1735 New York Avenue, N.W., W2ShingtOn, D.C. 20006. Reproduction of the nulerW herein or substantL:al
quotation of iu provlslons without written permission of the AlA vio1:ltes the copyright laws of the United SUteS and will be
subject to legal prosecution.
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AlA DOCUIIENT 8141 . OWNER.ARCHITECT AGREEMENr . FOURTEENTH EDITION' AlA. . e 1987
THE AMERICAN tNSTITIJTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASlfINGTON, D.C. 20006
WARNING: UnIJoenaed photocopying viol.... US. copyright IIMI and la subiect to k!Io-l proeecutIon.
8141-1987 1
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EXHIBIT A
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.
fonned by the Architect, Architect's employees and Architect's
consultant'li as enwnerated in Articles 2 and 3 of this Agret."mem
and any other services included in Article 12.
1.1.2 The Architect's services shall be performed :IS expedi-
tiously as is consistent with professional skill and care a.."1d the
orderly progress of the Work. Upon request of the Owner, the
Architect shall submit for the Owner's approval :J. schedule for
the performance of the Architect's services which may be
adjusted as the Project proceeds, and shall include ~Uowances
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 sh:Ll1 not, except for reasorutbk: cause, he exceeded
by the Architect or Owner.
1.1.3 The services covered by this Agreemem are subject to
the time limitations contained in Subparagnph 11.5.1.
ARTICLE 2
SCOPE O~ ARCHITECT'S BASIC SERVICES
2.1 DEANITION
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 Anlcle 12 as pan of B:lSic 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 [0 ascertain the requirements of the Project and shall
arrive at a mutual understanding of such requirements Wit~l the
Owner.
2.2.2 The Architect shall provide a preliminary evalu:uion of
the Owner's program, schedule and construction budget
requirements, each in terms of the other, sublect to th~ limita-
tions set forth in Subparagraph 5.2.l.
2.2.3 The Architect sha11 review with the Owner alternative
approaches to design :md construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule
and construction budget requirements, the Archhect 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 :l preliminary
estimate of Construction Cost based on current area, volume or
other unit costs.
2,3 DESIGN DEVELOPMENT PHASE
2.3.1 llased on the approved Schematic Design DoCUIDl:nts
and any adjustments aulhorized by the Owner in the progr.lJTl,
schedule or construction budget, the Architect shall prepare,
for :Jpproval 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, strue.
[Ural, 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 Construction Cost.
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2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Developmem DocU-
ments and any further adjustments in the scope or quality of
the Project or in the construction budget authorized by the
Owner, the Architect shall prepare, for approval by the Owner,
Con.'Hruction Documents consisting of Dr.l.wings and Spedfica-
tions setting forth in detail the requirements for the construc.
tion of the Project.
2.4.2 The Architt:ct shaJI assist the Owner in the preparation of
the necessary bidding information, bidding forms, the Condi-
tions of the Contract, and the form of Agreement between the
Owner and Contf'J.ctor.
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2.4.3 The Architect shall advise the Owner of any adjustments
to previous preliminary estimates of Construction Cost indi-
c~aed by changes in requirements or general. market conditions.
2.4.4 The Architect shall assist the Owner in connection with
the Owner's responsibility for filing documenrs required for
the approval of govemmenul :mthorities 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 rhe latest prdiminary estimate
of Construction Cost, shall assist the Owner in obtaining bim
or negotiated proposals and assist in awarding and preparing
comr.tcTS for construction.
2.6 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide Basic Services
for rhe Construction Ph:lSe under this Agreement commences
with the aW:lrd of the Comnct for Construction and termi-
nates at the earlier of the issuance to the Owner of the final
Certificate for p..tyment or 60 days after the date of Substan.
tial Completion of the Work.
2.6.2 The Architect shall provide administration of the Con-
tract for Construction as set forth below and in the edition of
AlA Docwnent A20l, Genet2l Conditions of the Contract for
Construction, current as of the date of this Agreement, unless
otherwise provided in this Agreement.
2.6.3 Duties, responsibilities and limitations of authority of the
Architect shall not be restricted, modified or extended without
written agreement of the Owner and Architect with consent of
the Contractor, which consent shall nOt be unreasonably
withheld,
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AlA DOCUMENT B141 . OW':'ER.,\RCHIHCl' AGREEMENT . FOURTI:E~nl EOIT[O:-.l . A..I."" . ~lytl7
THF.AMER[CAN INSTITUTE OF ...RCHITF.CTS, 1735 ~EW YORK AVEr-;UE. r-;,'il:'" WASHl:-.lGTO~.l),C.lO()(X)
B141-1987 2
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2.6.4 The Architect shall be a representative of and shall advise
:lIld consult wirh rhe Owner (I) during COo.'Hruction until final
payment to the ContractOr is due, and (2) as an Addition:d Ser~
vice at the Owner's direction from time to tlme during the cor-
recrion period described in the Coner-Jet for Construction. The
Architect shall have authority to act on behalf of rhe Owner
only to the extent provided in this Agreement unless otherwise
modified b)' written instrument.
2.6.5 The Architecr shall \'isir rhe site ar intervals appropriate
to the stage of construction or as otherwise agreed hy the
Owner and Architect in writing ro become generally famili;tr
wirh the progress and quality of the Work completed and to
determine in general if the Wark is being performed in a man.
ner indicating lh~t the \Vork when completed will be in accor-
dance with the Contract Documents, However, the Architect
shall not be required to make exhaustive or continuous on-site
inspections to check the quality or quantiry of the Work. On
the basis of on-sire ohservations as an architect, rhe Architect
shall keep the Owner informed of the progress and qualit}' of
rhe Work, and shall endeavor to gUJId the Owner agaimt
defects and deficiencies in the Work. (More extensit'e site
representation may be agreed to as an Additional Service, as
descn'bed in Paragraph 3.2.)
2.6,6 The Architect shall nor have control ov~r or charge of
:md shall nOt be responsible for construction means, methods,
tet.hniques, sequences or procedures, or for safety precautions
and programs in connection wirh the Work, since these are
solely the Contractor's responsibility under the Contnct for
Construction. The Architect shall not be responsible for the
Contractor's schedules or failure to CJIry our the Work in ;lccor-
dance with the Contract Documents. The Architect shall not
have control over or charge of acts or omissions of the Contrac-
tor, Subcontractors, or their agents or employees, or of Jny
other persons performing portions of the Work.
2.6.7 The Architect shall at all times ha\'e access to the Work
wherever it i'i in preparation or progress.
2.6.8 Except as may otherwise be provided in the Conrr;lCt
Documents or when direct communications have heen spe-
cially authorized, the Owner and Contr:lctOr shall communicate
through the Architect. Communicnions by and with the Archi.
teet's consultams shall be through the Architect.
2.6.9 13:L'icd on the ArChitect's obseC'o.ations and evaluations of
the Contractor's Applications for Payment, the Architect shall
review and cenify the amoums due the Contractor.
2.6.10 The Architect's certification for paymem shall consti.
ture a representation to the Owner, based on the Architect's
observations at the site as provided in Subparagraph 2.6.5 and
on the dau comprising the Contractor's Application for P:.lY-
mem, that, to the beSt of the Architect's knowledge, informa-
tion and belief, the Work has progressed to the point indicated
and the quality of \'\brk is in accordance with the Contract
Documents. The foregoing representations are subject to :m
evalw.tion of the Work for conformance with the Contract
Documents upon Substantial Completion, to result~ of subse-
quent tests and inspections. ro minor deviations from the Con-
tract Documents correctable prior to completion and to spe-
dflc qualifications expressed by the Architect. The issuance of a
Certificate for Paymenr shall further conSlitute a representation
that the Contractor is emided to payment in the amount certi-
fied. However, the issuance of a Certificate for Payment shall
nO[ be a representation that the Architect has (1) made exhaus-
tive or cominuous on-sire inspections to check the quality or
quantity of the Work, (2) reviewed construction means, meth-
ods, techniques, sequences or procedurcs, (3) reviewed copies
of requisitions received from Subcontractors and material sup-
pliers and mher dara requested by the Owner to substantiate
Ihe Contractor's right to payment or (4) ascertained how or for
what purpose the Contractor has used money previously paid
on :J.ccoum of the Contr.lct Sum.
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2.6.11 The Architect shall have aurhority (0 reject Work which
docs nO[ conform to the Contract Documents. 'X'henever the
Ar::hitect considers it necessary or advisable for implementa-
tion of the inrent of the Comract Document.'i, the Architect will
h:lVC authority to require additional inspection or testing of the
\X:'ork in accordance with the provisions of the Contr:J.ct Doeu-
mems, whether or not such Work is fabricared, installed or
completed. Hc)wever, neither this authority of the ArchiteCt nor
:t decision made in good f:tith either to exercise or nOI to exer.
cise such authority shall give rise to a duty or responsibility of
the Architect to tbe ContractOr, SubcontractOrs, material and
equipment suppliers, rheir agents or employees or other per-
som performing portions of the Work.
2.6.12 The Architect shall review and approve or take other
appmpriare u.ction upon COOlractor's submittals such as Shop
Drawings, Product Data and Samples, but only for the limited
purpose of checking for conformance with information given
and the design concept expressed in the Contract Documents.
The A.rchitecr's acrion shall be taken with 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 sufficienr time in the Architect's profeSSional judgment to
permit adequate review. Review of such submittals is not coo-
Liucted for the purpose of determining the accuracy and com-
pleteness of other de~s such as dimensions and quantities or
for stlbstantiating instructions for install:nion or perfonnance of
equipment or systems designed by the Contractor, all of which
remain the responsibility of the Contractor to the extent
required by the Contract Documents. The Architect's review
sll:tll not constitute approval of safery precautions or, unless
olhcf\vise specifically stated hy the Architect, of construction
me.ms, methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall nm indicate
appro\'al of :m as.sembly of which the item is a component.
,",'nen professional certification of performance char.tcteristics
of materials, systems or equipmem IS required by the Contract
Documents, the Architect shall be emitled to rel)' upon such
(cnification to establish that the materials, systems or equip-
ment will meet the performance criteria required by the <':on-
Iract Documents.
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2.6.13 The Architect shall prepare Change Orders and Con-
~[rucuon Ch:mge Directives, with supporting documentation
and d:lJJ if deemed necessary by the Architect as provided in
Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and
cxecution in accordance with the Contract Documents, and
may authorize minor changes in the Work not involving an
:Jdiustment in the Contract Sum or an extension of the Contract
Time which are nOt inconsistent with the intent of the Contr.1ct
Documents.
2.6.14 The Architect shall conduct inspections to determine
the date or cbtes of Subsuntial Completion and the due of fmal
completion, shall receive and forw;lrd to the Owner for the
Owner's review :rnd records \vcirtcn warranties and related
documents required by the Contract Documents and assem-
bled b)' the Contractor, and shall issue a final O.:rtifiC'.tte for Pay-
ment upon compliance with the requirements of the COntr.1ct
Documents.
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3 6141-1987
AlA DOCUMENT 8141 . OWNER.ARCHITECT AGREEMDIT. FOURTEENTH EDITlON. AlA- . @1987
THE AMERICAN INSTtTtTE OF .'RCHtTECTS, t 735 ;-JEW YORK AVENUE, :'II,W., WASHINGTON, D,C. 20006
WARNING: Unlicensed photocoP'llng viollltll$ US. copyl1ght 18W1IIInd Is subject to legal prosecution.
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2.6.15 The Architect shall interpret and decide maUers 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 shaJl be made with reasonable promptness and
within any lime limits agreed upon.
2.6.16 Interpretations and decisions of me Architect shall be
consistent with the intent of and reasonably inferable from the
Contr.tct Documents and shall be in writing or in the fonn of
drawings. When making such interpretations and initial deci-
sions, the Architect shall endeavor to secure faithful perfor-
mance by both Owner and Contractor, shall not show paniality
to either, and shall not be liable for result'i of interpretations or
decisions so rendered in good faith.
2.6.17 The Architect's decisions on matters rei.:lting to aesthe-
tic effect shall be final if consistent with the iment expressed in
the Contract Document'i.
2.6.18 The Architect shall render written decisions within a
reasonable time on all claims, disputes or other matters in quc;s-
tion between the Owner and Contractor relating to the execu-
tion or progress of the Work :l5 provided in the Contmct
Documents.
2.6.19 The Architect's decisions on claims, disputes or other
matters, including those in question between the Owner aOLI
Contractor, except for those relaring to aesthetic effect as pro-
vided in Subparagf2ph 2.6.17, shall be subject to arbitration as
provided in this Agreement. and in the Comr::lct Documents.
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 thls Agreement, in
addition to the compensation for Basic Services. The ~rvices
described under Paragmphs 3.2 and ).4 shall only be provided
if 2mhorized or confirmed in writing by the Owner. If services
described under Contingem Additional Services in Paragraph
3.3 are required due to circumstances beyond the Architect's
comrol, the Architect shall notify the Owner prior to com-
mencing such services. If the Owner deems that such services
described under Pamgraph 3.3 arc not required, the Owner
shall give prompt written notice to the Architect. If the Owner
lncticHes in writing that all or part of such Contingent Add!.
tional Services are not required, the Architect shall have no obli-
garion to provide lhose services.
3.2 PROJECT REPRESENTATION BEYOND BASIC
SERVICES
3.2.1 If more extensive represem:uion at the site than L<;
described in Subpar:lgraph 2.6.5 L~ required, the Architect shall
provide onc 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 by the A.rchitect, and (he Architect shall be compen-
sated therefor as 3greed by the Owner and Architect. The
duties, responsibilitieS and limitations of authority of Project
Representatives shall be as described in the edition of AIA
Document D3;2 current as of the ciate of this Agreemem, unless
otherwise agreed.
3.2.3 Through the observations by such Project Represen-
tatives, the Architect shall ende-Jvor to provide further protec-
tion for the Owner ag:tinst defects and deficiencies in the Work,
hut the furnishing of such project representation shall not
modify the rights, responsibilities or obligations of the Architect
3S described elsewhere in this Agreement.
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3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings, Specifications or other
documents when such revi'iions <lre:
.1 inconsistent with approvals or instructions previously
given by the Owner, including revisions made neces-
sary by adjustments in the Owner's program or Proj-
ect budget;
.2 required by the enactment or revision of codes, b.ws
or regulations subsequent to the preparation of such
documents; or
.3 due to changes required as a result of the Owner's fail.
tire to render decisions in a timely manner.
3.3.2 Providing services required because of significant
changes in the Project including, but not limited to, size, qual-
ity, complexity, the Owner's schedule, or the method of bid-
ding or negotiating and contracting for construction, except for
services required under Subparagraph 5.2.5.
3.3.3 Preparing Drawings, Specific:ltions and other documen-
tation ana supporting elata, ev:uuating Contractor's proposals,
and providing other services in connection with Change
Orders and Construction Change Directives.
3.3.4 Pro....iding services in connection with evaluating substi-
tutions proposed by the Contractor and making subsequent
revisions to Drawings, Specifications and other documentation
rC"~'iulting therefrom.
3.3.5 Providing consulcnion concerning replacement of Work
cbmaged by flre or other cause during construction, and fur-
nishing services required in connection with the replacement
of such Work.
3.3.6 Providing services made necessary by the default of the
Contractor, by major defects Dr deficiencies in the Work of the
Contractor, or by (ailure of performance of either the Owner or
ComrnclOr under the Contract for Construction.
3.3.7 Providing services in evaluating an extensive number of
clalms submitted hy the ContractOr or others in connection
with the \'('ork.
3.3.8 Providing services in connection with a pubHc hearing,
arbitration proceeding or legal proceetting except where the
Architect is party thereto.
3.3.9 Preparing documents for alternate, separ.!te or sequential
bids or providing .services in connection with bidding, negoti:r-
tion or construction prior (0 the completion of the Construc-
tion Documents Phase.
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3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and progr.un.
ming lhe requirements of the Project.
3.4.2 Providing financi~u feasibility or Other special srudies.
3.4.3 Providing planning surveys, site evaluations or com.
par.1tive studies of prospective sites.
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AlA DOCUMENT 81(1. O\Yt'NER-ARCHlTECT AGREEME."IT. FOURTEENTH EDI'nON. AlA- . @1987
THE AMERICA!\" INSTITt:TE 01' ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D,C.10006
B141-1987 4
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3.4.4 Providing special surveys, environmental studic.o; and
submissions required for approvals of governmental authorities
or others having jurisdiction over the Project.
3.4.5 Providing services relative [Q future facillties, systems
and equipment.
3.4.6 Providing services to investig:He exL'iting conditions or
facilities or to make measured dnwings thereof.
3.4.7 Providing services to verify the accuracy of drawings or
()[hcr information furnished b)' the Owner.
3.4.8 Providing coordination of construction performed by
separate 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 ofa con-
struction man3Rcf or separate consultants reuined 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 bbor.
3.4.12 Providing analyses of owning -and opef;}ting costs.
3.4.13 Providing interior design :md Olher similar services
required for or in connection with the selection, procuremcnt
or installation of furniture, furnishings :md related equipment.
3.4.14 Providing services for planning tenant or rental spaces.
3.4.15 Making invcstig::1tions, inventories of m:nerials or equip-
ment, or valuations and detailed appr:tisals of existing booties.
3.4.16 Preparing a set of reproducible 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.
3.4.17 Providing assistance in the utilization of equipment or
systems such as testing, adjusting and balancing, preparation of
opcrntion and maintenance manuals, training personnel for
operation and maintenance, and consultation during opera.tion.
3.4.18 Providing services after issuance to the Owner of the
final Certific:tte for Payment, or in the absence of a fInal Cer-
tificate for Paymem, mo~e than 60 d:J.Ys after the date of Sub-
stantial Completion of the Work.
3.4.19 Providing services of consult:mt.. for other than archi-
tectural, structural, mechanical and electrical engineering por-
tions of the Project provided as a part of Basic Services.
3.4.20 Providing any other services not otherwise included in
this Agreement or nm customarily Furnished in accordance
with generally accepted architecmral pf;}ctice.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full inform:uion regarding
requirements for the Project, including a program which shall
set foerh the Owner's objectives, schedule, constraints and cri-
teria, including space requirements and relationships, t1exi-
bllity, exp:lndabiliry, special equipment, systems and site
requirements.
4.2 The Owner shall establish and update an overall budget for
the Project, including the Construction 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 furnish e~i.
dence that financial arrangements have been made to fulfill me
Owner's obligations under this Agreement.
4.4 The Owner shall designatc a representative :mthorized to
act on the Owner's behalf with respect to the Project. The
Owner or such authorized representative shall render decisions
in a timely manner pen:J.ining to document.. submitted by the
Architect in order to avoid unre:lSOrmble delay in the orderly
and sequential progress of the Architect's services.
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4.5 The Owner shall .furnish surveys describing physical
characteristics, legalllmitations and utility IOCltions 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 structures; adjacent dr.tinage; rights-of-way,
restrictions, easements, encroachment.., zoning, deed restric-
tions, boundaries and contours of the site; locations, dimen-
sions and necessary data pert:J.ining to existing buildings, other
im;Jrovemems and trees; and information concerning :l.vai.bble
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 inclllde but arc nor limited to test borings, test
pit'i, determinations of soil bearing values, percol-ation tests,
evaJu:l.tions of haz:J.fdous materials, ground corrosion and resis-
tivity tests, including necessary operations for anticipatinK sub.
soil conditions, with reportS and appropri:ue professional
recommendations.
4.6.1 The Owner shall furnL..h the services of other consul-
tams when such services are reasonably required by the scope
of the Project and are requested by the Architect.
4.7 The Owner shall furnish Structural, mechanical, chemical,
air and water pollution tests, tests for hazardous materials, and
other l:J.bOf:J.rory and envirorunental tests, inspections and
reports required by law or the Contr:J.C[ Document.s.
4,8 The Owner shall furnish alliegal, accounting and insurance
counseling services as may be necessary' at any rime for the
Project, including auditing services the Owner may require [0
verify [he Contractor's Applications for Payment or to ascertain
how or for what purposes the Contrnctor has used (he money
p'lid by or on beh::J.!f of the Owner.
4.9 The services, information, surveys and reports required by
P:uagraphs 4.5 through 4.8 shall be furnished at the Owner's
expense, :mLl the Architect shall be entitled to rely upon the
:J.ccur:J.cy and completeness thereof.
4.10 Prompt written notice shall be given by the Owner to the
Architect if the Owner bccomes aware of any fault or defect in
the Project or nonconformance with the Contr:tct Documents.
4.11 The proposed langu-age of ceniticates or certifications
requested of the Mchitect or Architect's consultants shall be
submitted to the Architect for review and approval at least 14
days prior to execution. The Owner shall not request certifica"
tions that would require knowledge or services beyond the
scope of this Agreement.
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5 8141.1987
AJA DOCUMENT 81-41 . O'X'"ER-ARCH1TECT ^GH~:E~1ENT . t"Ol'RTEE!\'TH EDITIOl\' . AlA- . @1987
THE AMERlCA:'Ill~STITUn: OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006
WARNING~ Unlicensed photocopying viol.tecl U.S. copyright laws and 18 subject 10 legal pl'Os8Cutlon.
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ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Con.'itnlction Cost shall be the [mal cOSt or esti-
mated COSt (0 the Owner of all elements of the Proiecr designed
or specified by the ArchiteCt
5.1.2 The Construction Cost sh:dl include the cost at current
market rates of labor and m:ucrials furnished by the Owner and
equipment designed, specified, selected or spedally provided
for hy the Architect, plus a reasonable allowance for the Con-
trador's overhead and profir. In addition, :1 reasonable allow.
ance fOf contingencies shall be included for market conditions
at the time of bidding :md for changes in the Work during
construction.
5.1.3 Construction Cost does not include the compensation of
the Architect and Architect's consultants, the costs of the bnd,
rlghts-oC-WOlY, financing or other costs which are the respon-
siblJity of the Owner as provided in Article 4.
5.2 RESPONSIBIUTY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary
estimates of Construction Cost and detailed estimates of Con-
struction Cost, if any, prepared by the Architect, represent the
Architect's best judgmem as a design professional famil.i.:lr with
the construction industry. It is recognized, however, that nei-
ther the Architect nor the Owner has comrol over the cost of
!:l.bor, materials or equipment, over the Comractor's methods
of determining bid prices, or over competitive bidding, market
or negotiating conditions. Accordingly, the Architect cannot
and does not warrant or represent [hat bids or negotiated prices
will not vary from the Owner's Project budget or from any
estimate of Construction Cose or evaluation prepared or agreed
co by the ArchJtect.
5.2.2 No fixed limit of Construction Cost shall be established
as a condition of this Agreement hy the furnishin~, proposal or
e5tablis.hment of a Project budget, unless such fIxed limit has
been agreed upon in writing and signed by the parties hereto. If
such a tlxed limit has been esClblished, the Architect shall be
permitted to include contingencies for design, bidding and
price escalation, co determine what materials, equipment, com-
ponent systems and types of construction are to be included in
the Contract Docwnents, to make re3Sonable adjustments in
the scope of the Project and to include in the Contmct Docu-
ments alternate bids ro adjust the Construction Cost to the ftxed
limit. Fixed limits, tfany, shall be increased in the amount of:m
jncrea.<;e in the Contract Sum occurring after execution of the
Contract for Construction.
5.2.3 If the Bidding or Negotiation Phase has not commenced
within 90 days after the Architect submits the Construction
Documents to the Owner, any Project budget or fixed. limit of
Constmction Cost sh:ill be adjusted to reflect changes in the
general level of prices in the construction industry berween the
date of submission of the Construction Documents to the
Owner and the date on which proposals are sought.
5.2.4 If a fIxed limit of Construction Cost (adjusted as pro-
vided in Subparagraph 5.2,3) is exceeded by the lowest bona
ftde bid or negoti<ued proposal, the Owner shall:
.1 give written approval of an incre:lSe 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 Pa.ra.grJ.ph 8.3; or
.4 cooperate in revising the Project scope and quality as
required to rcduce 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.
tr:let Document,> as necessary to comply with the fixed limit, if
established as a condition of this Agreement. The modification
of Contract Documents shall be the limit of the Architect's
responsibility ari....ing our of the establishment of a fixed limit.
The Architect shall be entil\ed to compensation in accordance
with this Agreement for all services performed whether or nm
the Construction Phase is commenced.
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ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Dmwings, Specific:nions and other documents pre-
pared by the Architect for chis Project are instruments of the
Archlcect'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.
The Owner shall be petmitted to retain copies, including repro-
duable copies, of the Architect's Drawings, Spedfications and
other documents for information and reference in connection
with the Owner's use and occupancy of the Project. The Archi-
tect's Df'Jwings, Specifications or Other documents shali 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 dl..triburion of documents to meet official
regulatOry requirements or for similar purposes in connection
with the Project is not ro be construed as publication in deroga-
rion of the Architect's resef\'ed rights.
ARTICLE 7
ARBITRATION
7.1 Claims, disputes or other matters in question between the
parties to this Agreement arising out of or relating to this Agree-
meO[ or breach thereof shall be subject to and decided by arbi-
trminn in accordance with the Construction Industry Arbitm.
tion Rules of the American Arbitr.uion Association currently in
effect unless the parties murw.lly agree otherwise.
7.2 Demand for arbitration shall be ftled in writing with the
other party to this Agreement and with the American Arbitra-
{ion Association. A demand for arbitration shall be made within
a reasonable time after the claim, dispute or other matter in
question has arisen. In no event shall the demand for arbitra[\on
be made after the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in
question would be barred by the applicable staNtes of limit:.tion'i.
7.3 No arbitr.ltion arising Out of or relating to this Agreement
shall include. by consolidation, jOinder or in any other manner,
w additional person or entity not a party to this Agreement,
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AlA DOCUMENT 8141 . OWNER.ARCHITECT ^GREEMENT. FOURTE!Nlli EDITION. AlA- . @1987
THE AMERICA.."i INSTITUTE OF ARCHITECTS. t735 NEW YORKAVENUI!:, N.W., WASHINGTON, D.C. 20006
B141.1987 6
WARNING; Unlicensed photocopying violates U.S, copyright laws and Is subject to legal prosecution.
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except by written consent containing a specific reference to
this Agreement signed by the Owner, Architect, and any other
person or entity sought to be joined. Consent to arbitration
involving an additional person or entity slutl not constitute
consent to arbitration of any claim, dispute or other matter in
question not described in the written consent or with a person
or entity not named or described therein. The foregoing agree-
ment to arbitrate and other agreemenrs to arbitr.l.lc with an
additional person or entity duly consented to by the p:1rties to
this Agreement shaU he specifically enforceable in accordance
with applicable law In any Court having jurisdiCtion rhereof.
7.4 The award rendered by the :lfbitrator or arbitrators sh:tll be
final, and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 This Agreement may be terminated by either party upon
nor less than seven days' written norice should the other party
fail substantially to perform in accordance with the terrru;; of this
Agreement through no fault of the party initiating the termination.
8.2 If the Project is suspended by the Owner for more than 30
consecutive days, the Architect shall be compensated for ser-
vices performed prior to notice of such suspension. When the
Project is resumed, the Architect's compensation shall be equi.
tably adjusted to provide for expenses incurred in the interrup-
tion and resumption of the Architect's services.
8.3 This Agreement may be terminated by the Owner upon
nor less than seven days' written notice to the Architect in the
event that rhe Project is permanently ;lbandoned. lf the Project
is abandoned by the Owner for more than 90 consecutive days,
the Architecl may terminate this Agreement by giving written
notice.
8.4 Failure of the Owner to make payments to the Arcbitect in
accordance with this Agreement shall be considered substantial
nonperformance and cause for termination.
8.5 If the Owner fails to make payment when due the Archi-
tect for services and expen.ses, the Architect may, upon seven
days' written noUce to rhe Owner, sWipend performance ofser-
vices under this Agreement. Unless payment in full is received
by the Architect within seven <bys of the date of the notice, the
suspension shall take effect without further nocice. In the evem
of a suspension of services, the Architect shall have no Ii~bility
to the Owner ror delay or damage caused the Owner because
of such suspension of services.
8.6 In the event of termination not the fault of the .'\.rchitect,
the Architect shall be compensared for services performed prior
to termination, together with Reimbursable Expenses then due
and all Termination Expenses :lS defined in Patagraph 8.7.
8.7 Tetmination Expenses are in addition to compensation for
Basic and Additional Services, and include expenses which are
directlv attributable to termination. Tcrmin;ulon Expens~ shall
be co~pUled as a percentage of the total compensation for
Dasic Services and AdQ.itiona.l Services e:lrned to the time of ter-
mination, as follows:
.1 Twenty percent of the.- total compens;nion tor Dasic
and Adtlilional Services e'Jrned (Q dale if termin::uion
occurs before or during the predesign, site analysis, or
SchematiC Design Phases; or
.2 Ten percent of the tot:u compensation for Basic :md
Additional Services earned to date if termirution
occurs during [he Design Development Phasej or
.3 Five percent of the total compensation for Basic and
Additional Services earned to date if tennination
occurs during any subsequent phase.
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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.
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9.2 Terms in this Agreemem shall have the same meaning as
those in AlA Docume:=nt A20 I, General Conditions of the Con-
tr,lct rOr Construction, current as of the date of this Agreement.
9.3 C:lUses of action between the parties (Q this Agreement
perraining to acts or failures to act shall be deemed to have
accrued and the ::Jppllcable statures of limitations shall com-
mence to mn not later than either the date of Substantial Com-
pletion for acrs or fuilures to acr occurring prior to Substantial
Completion, or the date of issuance of the fmaJ Certificate for
Payment for acts or failures to act occurring after Substantial
Complerion.
9.4 The Owner and Architect waive all rights against each
other and ag3inst the contractors, consultants, agents and
employees of the other for damages, but only to the extent cov-
eted hy property insurance during construction, except such
rightS as They may have to the proceeds of such in'iuram::e as set
forth in the edition of AlA Document AlOI. General Conditions
of the Contract for Construction, current as of the date of this
Ageeemem. The Owner and Architect each shall require similar
waivers from rheir contractors. consultams and agents.
9.5 The Owner and Architect, respectively, bind themselves,
their pmners. successors, assigns and legal tepresemativr.5 ro
the other party to this Agreement and to the partners, succes-
sors. assigns and legal representatives of such other party with
respect to all covenants of this Agreement. Neither Owner nor
Architect shall 3SSign this Agreemem without the written con-
sent of the other.
9.6 This Agreement represents the enUre and integrated agree-
menr between The Owner and Architect and supersedes all
prior negotiations, representations or agreements, either writ-
ten or oral. This Agreement may be amended only by written
instrument signed by both Owner and Architect.
9.7 Nothing contained in this Agreement shall create a contrac.
tual rel::Jtionship with or a cause of action in favor of a third
party against either the Owner or Architect.
9.8 Unless otherwise provided In this Agreement. the Architect
and Architect's consultants shall have no responsibility for the
discovery, presence, handling, removal or disposal of or expo.
sure of persons to hazardous materials in any form at the Project
site. including but nOt limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or other toxic substmces.
9.9 The Architect shall have the right to include representa-
tions of the design of the Project, including photographs of the
exterior and interior, among the Architect's promotional and
professional materi31.s. The Architect's materials shall not
include the Owner's confidentia.! Ot proprietary information if
the Owner h:lS previously advised the Architect in writing of
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7 B141-1987
AlA DOCUMENT 8141. OWSER.ARCHITECT AGRRflMENT. FOURTEENTH EDITION. AlA- . @1987
THE A..\olERICA:-.lI;-l'STITL'TE Of ARCHITECTS. 1735 NEW YORKAVRNUE. N.W., WASHINGTON, D.C. 20006
WARNING: Unllcenaed photocopying violates U.S. copyright 1_ and Is sublect 10 legal prosecution.
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the specific infonnation considered by the Owner to be: c:lfifi-
dential or proprietary. The Owner shall provide profes..'ilonal
credit for the Architect on the comrrucrion sign :md in the: pro-
motional malertUs for the Proiect.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10,1 DIRECT PERSONNEL EXPENSE
10.1.1 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 mand:ltory and customary con.
tributions and benefits related theretO, such as employmenr
taxes and other statutory employee benefits, insurance, sick
leave, holidays, vacations, pensions and similar comribU[il)t~
and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses ate in addition to compensa-
tion for Basic and Additional Services and include c:xpeoses
incurred by the Architect and Architect's employees and con-
sultants in the interest of the Project. as identified in the foUO\v-
iog Clauses.
10.2.1.1 Expense of tr.msportation in connection with the
Project; expenses in connection wlth authori7.ed out-of-town
travel; long-distance communi~tions; and fees p-J.id for secur-
ing approval of authorities having jurisdiction over the ProieG.
10.2.1.2 Expense of reproductions, postage and handting of
Drawings, Specifications and O(her documents.
10.2.1.3 If authorized in advance by the Owner. expense of
overtime work requiring higher than regul:Jr rates.
10.2.1.4 Expcnc;e of renderings, model.. and mock-ups requested
by the Owner.
10.2.1.5 Expense of additional insur:mce coverage or limits,
including professional liability insut4nce, requested by lhe
Owner in excess of that normally carried by the Architect :md
Archilect's consultants.
10.2.1.6 Expense of computer-aided design and dF.l.fting
equipmenr time when used in connecrion with the ProJC'ct.
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An initial p~yment as set forth in Pangraph 11.1 is the
minimum payment under this Agreement.
10.3.2 Subsequent payments for Basic Services shall be made
monthly :md, where applicable, shall be in proportion to ser-
vices performed within each ph:lSe of service, on the basis set
fonh in Subparagraph 11.2.2.
10.3.3 If and to the extent th:H the time initially t:Stablished in
Subp'J.r".lgrnph 11.5.1 of this Agreemenr is exceeded or extended
through no fault of the Architect, compensation fOf any ser-
vices rendered during the additional period of time shall be
computed in the m2!lCler set forth in Subparagnph 11.3.2.
10.3.4 When compensation is based on a percent:lge of Con-
struction Cost and any portions of the Project are deleted or
orherwise nor constructed, compensation for those portions of
thl.: Project shall be: payable to the extent services are per.
formed on those portions, in accordance with the schedule ::iCt
forch in Subpar.l.graph 11.2.2, based on (I) the lowes( bona fide
bid Or negotiated proposal, or (2) if no such bid or proposal is
received, the most recent preliminary estimate of Construction
Cost or detailed esHm:zte of Construction Cost for such por-
tions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
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10.4.1 P;1yments on ;1CCOUnt of the Archi[ect's Additional
Services and for Reimbursable Expenses shall be made monthly
upon pre,senr:ltJon of the Architecr's sl2rement of services ren-
dered or expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions sh:lll be made from the Architect's com-
pensation on account of penalty, liquidated damages or other
sums wJthheld from payments to comractOrs, or on aCcount of
the cost of changes in the Work orher than those for which the
Architect has been found to be li<lbJe.
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimburs::ible Expenses and expenses pCf-
[aining (0 Additional Services and services performed on the
b:.1Sis of a multiple of Direct Personnel Expense shall be avail.
:.lbJe to [hl: Owner or the Owner's authorized representative at
mu[Ually convenient times.
ARTICLE 11
BASIS OF COMPENSATION
The Owner !:ihall compensate [he Architect as follows:
11.1 ANINITrALPAYME"To[ Ten Thousand Dollars 0011.,,(5 10,000.00)
sh:Ul be made upon exc(.."ULion of [his Agreement and credited to the Owner's account at fm:u JYJ.yment.
11,2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES, as described in Arricle 2, and any olher services induded in t\rtide 12 as parr of Basic Services, Basic
Compensation shall be computed as follows:
(fluert basis of compensation, including slipulcdec( sums, mu/lipl4?s or pl!rCl'lllai</f!s. and ide'nfi!y phases /(J wbicb partiCII/ar methods oj compt'nsatimz apply, if
n('CI!Ssary.)
A lump sum fee of $ 150,000.00 billed in progress payments in accordance with Sectionll,2.2.
Fee Calculation will be made in the following manner: All rates are according to Exhibit A "Billing RatesM attached.
(150,000 x (Percentage of Completion)+ Reimbursible Expenses (Sec:ion 11.4)+ Additional Expenses(Section 11.3}
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AlA DOCUMENT B141 . OWNER.A.RCHITECT ^GREEMENT. FOURTEENTH EDITION. AlA- . @19H7
THE .-\MERICAN I:-lST1TUTE Of ARCIIlTECTS, 1735 NEW YORK AVENUF., N,'\t'.. W...,SIIINGTON, D.C. 20006
B141.1987 8
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WARNING: Unlicensed photocopying violate. U.S. copyrighllaws and Is subject to legal prosecution.
11.2.2 Where compensation is based on a stipulated sum or percctUage of Construction Cost, progress payments for Basic Services
in each phase shall [Otal the following percentages of the [mal Basic Compcns:ztion payable:
(l,ueTt addWo,1a/ phases as dppropriute.)
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percent ( 15 %)
~rcent( 25%)
percent (45 %)
percent (10 %)
_~rcent ( ~ %)
one hundred percent (100%)
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Schem:uic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
Tm:tl BasIc Compensation:
11.3 COMPENSATION FOR AODITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paogi.lph 3.2, compensation shall be com-
puted as follows:
On a time and materials basis based upon the hourly rates at the time such services are provided.
Fee Calculation= Hourly Rate x Hours to nearest quarter hour + expenses (Sections 11.3.3 &11.4)
Travel cost is not to exceed $ 7,500.00 for this contract. All rates are according to Exhibit A
"Billing Rates" attached.
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11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITFCT, as described in Articles 3 and 12, other than (I) Addition:ll Project
Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding
services of consultants, compensation shall be compU[~d as follows:
(Insert basts of compensation, mcluding roles and/or mullipJe_~ of [)tr"C! Per5wlnel Hxp.mse for Principals ami emplo:vees. wtd identify Principals and Classify
employees. if required. Iden/ify speCIfIC Iertlices 10 u'hlch particular ,...",thuds uj r::ump.'llsation apply. if n<<essary.)
Computed as defined by section 11.3.1
Engineering and hazardous materiais testings and lab analysis will be charged as a reimbursible expense
per 11.4.
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, induding addidona.l stn\Ctural, mechanical and electrica.l engineering
services and those provided under Subpaf"Jgr:lph 3.4.19 or identlfied in Article 12 as part of Additional Services, a multiple of
Ole (1 ) times the 3rTlounts billed [Q the Architec[ for such services.
(Idftrllify specllic types of consultants III Article 12. i/reql4irea.j All rates are according to Exhibit A "Billing Rates" attachec
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Par:::gr.tph 10.2, :lnd ,my other items included in Article 12 as Reimbursable
Expenses, a multiple of 01e ( 1 ) times the expenses incurred by the Architect, [he Architect's
employees and consultants in the: intere.st of the Project. All rates are according to Exhibit A "Billing Rates" attachec
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement haY~ nor been completed within
( 1 6 ) months of the date hereof, through no fault of the Ardlitec!, extension of the Architect's services beyond that time shall be
compensated as provided in Subpar.tgraph'i 10.3.3 and 11.3.2.
11.5.2 Payments are due and pay.able twenty 20 ) days from the d1tc of the Architect's invoice,
Amounts unpaid twenty ( 20 ) cbys after the mVOlce date shall bear interest at the r:a.te entered below, or
in the absence thereof at the legal rate prev:tiling from time [Q rime at the principal pillce of business of the Architect.
(Insert mte o[ interest a8rud upon)
None
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(Usury Jaws and requirements under tbt- FedeT:U Trutb in I.end/'Ig Act. rimilar Itat.' Imd load consumer credillaws alld otber regulalions at tbe OWrler's ana Archi-
lext's principal places oj bus,/'UlSs. the (OCllllon of tl.lf! Pro/t'et and elsewbt-re may afjro tbe va!itJlly of Ibis provision. Specific leHal MI'ice sboula t>e Obtained wilb
respect 10 deletions or modifiCAtions. a"a al.~o regarding requiremclts ;;u,h a.; /tTillen t/uc!osur/!'S or waivers.)
9 8141.1987
AlA. DOCUMENT 81~1 . OWNER-ARClIITECT AGREEMENT. FOURTEENTH EDlTION. AlAe. @19R7
THE AM.ERICAN [="$TfT~JTF. OF ARCHll'ECTS. 1735 NEW YORK AVENUE. N.W.. WASHINGTO~, D.C. 20006
WARNING: Unlicensed photocopying vlolmes U.S. copyright IlIW$ and is subject to legal prosecution.
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11.5,3ll\t:~~~)(!14~~~J\'Xi'I'~~~~~\t:~}t'ial(3/'~~Jt'x
P~~~M~fuxxxxxxx N/A
ARTICLE 12
OTHER CONDITIONS OR SERVICES
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(Insm dMcrlptfons of otber services, ldenJify Additional Survices Included within &uic Compensation and modi/ialttom to tbe payment l'Jnd compensuticmlerms
included in Ibis J'tgrf!emenl.)
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This Agreement entered into as of the day and ye~ fIrst written above.
OWNER
City of Paris
ARCHITECT Keystone Architect!
alft5o~
(5. re)
A. J. Garza, AlA CEO Keystone Architects
(Primed name and title)
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(Signature)
(Printed name and title)
r.rr:w CAUTION: You should sign an original AlA document which has this caullon printed In red.
~ An original assures that changes will not be obscured as may occur when documents are reproduced,
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDlTlON. AlA- . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVESUE, N.\l', , WASHINGTON, D.C. 20006
8141-1987 10
WARNING: Unllcenud photocopying violates US. copyright Isws andls subject to le<dal proucutlon.
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KEYSTONE ARCHITECTS
701 Brazos Street, Suite 500, Austin, Texas 78701
Mailing: PO Box 50570, Austin, Texas, 78763.0570
(512) 327-9800, fax (512) 327-7471, NET keystone@texas.net
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EXHIBIT A
BILLING RATES
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December, 1997
Reimbursable expenses for all are:
Travel Automohile
Travel Per Diem
Lodging
Keystone Architects
A. ], Garza
S. M. Soucie
Intern Architect/Designer
Draftsman/CAD
Administrative Staff/WP
Printing
Freight/Delivery
Photography Development
Laboratory Testing
Long Distance Phone
Travel Time
MLAW Engineering
Principal EngineerjKirby Meyer
SlafJ' Registered P.E.
Graduate Engineer
Senior Technician
Administrative Staff'
All reimbursable
MLAW Engineering (Cont.)
Travel Time;
Principal/Consultant
Staff Registered P.E,
Graduate Engineer
Senior Technician
ARCHITECTIJRE
MASTER PLANNING
$
$
$
00.28/mile
25.00/day or actual if less
70.00/day or actual if less
$
$
$
$
$
$
$
$
$
$
$
95.00/hour
95.00/hour
55.00/hour
45.00/hour
35.00/hour
actual cost
actual cost
actual cost
actual cost
actual cost
50% of hourly rate
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$
$
$
$
$
$
125.00/hour
DO.OO/hour
GO.OO/hour
50.00/hour
35.00/hour
actual cost plus 15%
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$ 75.00/hour
$ 45.00/hour
$ 30.00/hour I
$ 25.00/hour I
PRESERVATION
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DESIGN-BUILD
Summit Consultants, Inc.
Principal Engineer/Steve O'Kelley $
Principal Engineer/Brian Richards $
Staff Engineer/J. Jones $
Staff Engineer/]. William $
Staff Engineer/D. Graves $
Staff Engineer/C. Thelen $
Staff Engineer/G. Beaubouef $
Staff Engineer/Mechanical Engineer $
Staff Engineer/Electrical Designer $
Staff Engineer/Mechanical Designer$
Draftsman/CADD Tech. $
Administrative Staff $
Travel Time $
All reimbursable $
Omega Southwest
. Rate schedule attached.
123.20/hour
89.07/hour
8 1. 2 O/hour
74,20/hour
56.00/hour
64.60/hour
50AO/hour
70.00/hour
50AO/hour
50AO/hour
42.00/hour
33.60/hour
50% of hourly rate
actual cost plus 10%
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These rates are the best information available to date and are not audited rates.
Rates do correspond to experience and position in the respective fields. Historic
preservation is a specialty field and individuals with the profeSSional experience
levels required to complete the Rehabilitation of the Santa fe-Frisco Depot are not
widely available.
Thank You,
A. J. Garza, AlA
ARCHITECTIJRE
MASTER PLANNING
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PRESERVATION
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DESIGN-BUILD
HAZARDOUS 8U1LDING MAT~RIALS MANAG~MRN'I'
a.
b.
c.
INSPl!:CTION-recommend mlnlm\lm or asbestos and lead-based palnl
MANAGEMENT PLAN-should the building oWller choose not to abate
ABATEMENT PROJECT MANAGEMENT-should the bllildlng owner
cboose to abate
OTHER-addtlonal senlc.. and coordlnatloo adlvllles not included in
the preceedlng toplco (o,e., special meeting with city management)
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INSPECTION OF BUILDING MATERIALS
Asbestos.eontalnlng building material.
Field/rnpon lICI"icea $1250
Analylicaljees ($18/~'Ilmple) @ 30 samp'les 540
Lead-based paint
Field/report services 775
A/lolytical/otls ($20/Sl1mpk) @ 30 samples 600
Lead In drlllklng water 0'
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Field/report servi"",. 150 I
A/lalytical fees (MOIsample) @ 8 samples 320
Total fl1<ed price ror service. 21H I I
1'otal nIl/lUlled price lor allalytica' fee. $1469
AU the prictc aiven. abQvc wbkb are in fraUcs arc a fixed price: pa lUIIIIyai6 AIld ooum.o.tc of 4X)lil tnI;' ~h one.
based on lI1udpatcd DWIlber of >IlUlP1... An effOtlIw boOIl..".dc '" ovado tholl....bct of tWlIpl.. anticipated.
MANAGEMENT PLAN(S)
Asbestos-containing buildIng material.
Field/report scrvlces
I.ead.bued paint
field/report service.
$500
350
Lead In drinking "aler
F\cldhcport scryices
Total fixed price for servIces
250
$UOO
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ABATEMENT MANAGEMI!:NT
Ad'."o,-oonlait,;ng buildin, material.
Sp<cifications and Oid Package
Walk-through with Contmclors and Conlruc!Q{ Selection
One trip to Paris
tI second trip to Paris lor contraC/or soloc;,I(ft.
would involve an additional $;15Q.
Pre.abatement Air Monitoring
Pcrfonned duriD8 conlmctor walk-through
AddiliolltJl silo vIsit specifically for monllOrltlg-$400
Site Managentent and Moniloring During Abatentent
Daily Overvkw During Prep
Daily avervlow Durlllg Removal (Includes analysis 01
10 area samples with 24 hour tum-cuound,- otherwise,
there Is CUI additional charge of $20 pe' swnpk)
Final Air Clearance TesUng
No charge for peM o.nalyses
TEM Atlalysl.$ (mayor may nol be requlred)-
$120 per sample (minimum 5 samples per arell)
SwnmlU)'Rcport and Followup OJ! Proper
Dlsposall'Iuctices by the COnltllClor
L"ad-ba."d falllt
SpecificatiOns and Bid Package
Walk-through with ConlJllctotS and Coolruclor Selection
If perfonned lI5 part of the llSbestos abatement COlIlJ8clor
serection or on same day
O,Ullrlp to Paris jo, lead aba1emelll contractOr selection - $300
A second trip to Paris jor lead abaJemt'nJ conlrlll;tOr setectiQn
would involve an additional -$250
Pre-abatcmenl Air Monitoring
Perfonned during conlIaClO{ W8/k-lhrou~
Mditional site: visit speclftcally for monJtOring-$4oo
Site Management and OSHA Mowloring During Abatement
Site Overview During Prep-may not be required
Initial Couple Days of Abatunelll and
O,u;e a Week Slle Monitoring Overview
During Removal
ServIces
Anulylical fees ($35/sample)
Final Air Cleat'llllce Testing
SumntlU)' Report and Followup on Proper
Disposa1 Plll.Ctices by tbe ContraclOl'
$600
300
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225
350
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550
350
600
4.50
$400
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150
225
350
500
350
3.50
The cost for ab3lemeUlllUlll"ll"""'lIt wiJIlkpcDd moolly OD lb... lIUIllbc;r of da)'o antioipau:d .0 I"'d'ooo the
abatement. Wllboutllll'ol'lJl.ltloD" 10 tho ..,.leal of the material which ""'y ""Iuj", ebulcmalt, the... cooto CM
be hiShly voriable (ranpnll from Iwo day. to 6 wocb),
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