06-C PD Architect ContractDRAFT
J:Wttorney~isa~esolntionsACiJRRENT~D - Brinkley-6argeut Contract.wptl
May 10, 2002
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING EXECUTION OF AN
AGREEMENT WITH BRINKLEY-SARGENT ARCHITECTS TO PROVIDE
ARCHITECTURAL SERVICES FOR CONVERSION OF THE UARCO
BUILDING TO A NEW POLICE, COURT, AND JAIL FACILITY; MAHING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 1 st day of May, 2000,
in Resolution No. 2000-058, authorize the execution of a professional services contract with Brinkley
Sargent Architects far the perfortnance of a needs assessment study and plan for a police and municipal
courts center far the City of Paris; and,
WHEREAS, on October 9, 2000, such study was presented to the City Council by Brinkley
Sargent Architects; and,
WHEREAS, the City Council did heretofore, on the 13th day of November, 2000, accept and
approve such study and contract with Brinkley-Sargent Architects to provide preliminary design and
planning services in furtherance of a potential new Police and Municipal Courts facility; and,
WHEREAS, on December 10, 2001, Brinkley-Sargent presented an architectural rendering of
said project; and,
WHEREAS, the City Council desires to contract with Brinkley-Sargent Architects to provide
substantive design and construction architectural services for conversion of the UARCO building to a new
police, court, and jail facility; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That the City Manager be, and he is hereby, authorized and directed to execute, on
behalf of the City of Paris, an agreement with Brinkley Sargent Architects, under the terms and conditions
and in the form shown in Exhibit A, attached hereto, for substantive design and construction architectural
services for conversion of the UARCO building to a new police, court, and jail facility.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 13th day of May, 2002.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
I
Apri129,2002 BRINKLEY SARGENT ARCHITECTS
Chief Karl Louis
Chief of Police
City of Paris
811 Bonham SVeet
Paris, Teras 75460
RE: ArchitecturalBngineering Proposal
Dear Cluef Louis:
We aze attaching a draft of a conVact for conversion of the UARCO Building to the Police and
Courts Faciliry as reques[ed.
We appreciate the oppor[unity ro be a part of such an importan[ projec[ for the City of Paris. Upon
review, please call with clarifications and quesGOns.
Sincerely,
wayne nnkley, AIA
M
3000 QUOAUM
SUI2E 123
DA[,LAS, TEXAS 73234
TEL 972 - 960 - 9970
FAX 972 - 960 - 975I
A Tezaa Corporatlon
1997
Standard Form of Agreement Betw
with Standard Form ofArchltect's
TABLE OF ARTICLES
1.1 INITIAL INFORMATION
1.2 RESPONSIBILITIES OF THE PARTIES -
1.3 TERMS AND CONDITIONS
1.4 SCOPE Of SERVICES AND OTHER SPECIAL TERMS AND
1.5 COMPENSATION
AGREEMENT made as of the 29th dayof ril
(In wo(ds, indica[e day, moj>[h and year)
BETWEEN the Architect's dient identified as
(Name, address and o[herin(orma(ion)
City of Paris
PO Box 9037
Paris. Texas 75461
and the Architect:
(Name, address and oeherinlormation)
Brinklev Saraent Architects
5000 Quorum Drive Suite 123
Dallas. Texas 75254 .4
For the following
(Indude detaled dem
ARTICLE 1.1
1.1.1 This
(Nofe (he dispa
app/icab/e," un)
is based on the-MIS
fo/%wing i[ems by inserting
. . "m'Yobede(em
~ slalemenf such as itol
flll anti al quotation of its provisions
United States and will subject the
ates U.S. copyright laws and will
y produced with permission of ihe
iiolation until the date of expiretion as
1121922, which expires on 70/31/2002.
1
This document has imporlam legal
consequeMes. Comulfation wifh an
attorney is encovraged with respeq to
ils complefion or rmdifica/ion.
AUTHENTICAIION OF TFdS
ELECIRONICALLY ORAFIED AIA
DOCUMENI MAY BE MADE BY USING
AIA DOCUMENT D401. .
O 1997 AIAO
AIA DOCUMENT 8741 - 7997
STANDARDFORM AGREEMENT
7he American Institute of Architects
1735 New York Avenue N.W.
Washington, D.C. 20006-5292
.
1.1.2.1 The objective or use is:
(/denti(yordeacribe, ifappropnate, pm
1.11.2 Zhe physical parameters are:
(Identify or descnbe, ifappropnate, size, /orafion, dimensions, or olher peninenf
reponsabout thesrle.J
To Be Determined
1.1.2.3 The Owner's Program is:
(/denlilydocumenla[ion ors[a[e the mannerin which !he program wiV be deve%pcd.)
Com lo eted
1.1.2.4 The legal parametets are:
(Identify petlinen[ /egal in(omafion, mdud)ig, i(appropliale, land surveyt
[hesileJ
N/A
7.1.2.5 The financial paramelers are as follows.
.1 Amount of the Owner's overall budget for
compensation, is: $6.000.000
.2 Amount of the Owner's budget for the
Architect's compensation, is: $5.573.000
1.1.2J The proposed procurement or
(/dentilymethod such as compe[itive bid, negoti,
Competitive Bid
1.1.2.8 Other parameters are:
(Identify specia/ charac(enstics or ne
!e[Juiremenls.)
N/A
7.7.3 PROJECT TEAM
1.1.3.1 The Ownei s Desi
(List name, address and olherin,
Chief Kari Louis
Chief of Police
811 Bonham Street
Paris. Texas 75460 A
CiN Manager All
PO Box 9037
Paris. Texas 75461
Represenlative is:
i antial quotation of its provisions
e United States and will subject ihe
olates U.S. copyright laws and will
cally produced with permission of the
iiolation until the date of expiration as
1121922, which expires on 10/3112007.
2
O 1997 AIAO
AIA DOCUMENT B141 - 7997
STANDARDfORM AGREEMENT
The American Institute of Architecis
1735 New York Avenue N.W.
Washington, D.C. 20006-5292
1.1.2.6 The time parameters are:
(ldrn[i(y, ilapprepda[e, miles[one dates, durations orfast VackschcdulingJ
N/A
Harold E. Saraent
Brinkley~Saraent Architects
5000 Quorum Drive. Suite 123
Dailas. Texas 75254
1.1.3.5 The consultants retained at the Architect's exE
(Lis( discip/ine anA, ifknow2 identily [hem byname and address.)
Mechanical. Electrical and Plumbing Engineer
Structural Engineer
LandscaQe Architect
AV / Acoustical Engineer
ADA Consultant
Civil Engineer
Interior Designer
1.1.4 Other important initial information is:
N/A
1.1.5 When the services under this Agreement inclu
General Conditions of the Contract for Conslruction
Azoi current as of the date of this Agreement, or as follo
1.1.6 The information contained in this Article i.i
Owner and Architect in determining the Architect's
recognize that such information may change and, in tl
shall negotiate appropriate adjustments in schedule, cc
acwrdance with Paragraph 1.33.
ARTICLE 1.2 RESPONSIBILITIES OF THE
1.2.1 The Owner and the Architect :
respedive obligalions under this Agreeme
working relationships among all members c
1.2.2 OWNER
1.2.2.1 Unless othetwise provided under ihis Agr e ner r mafl`dprtivide full
w, a ~ ~3~t .
information in a timely manner tegarding requirements fo2 an~~, zp ~lo lp'5 n,~~~?io~ecL The
Owner shall furnish to the Architect, within 19 days after''~t~tl~en request,
information necessary and relevant for the Architect to evaluate, g~v"e hpttoi enfo ce lien
[ights.
1.2.2.2 The Owner shall eri ~
p e,t for the Project indudmg thaL,tr'ton
allocated for the Cost of the tsignifcantly mcrease or dectease the
overall budget, the portion~~+', Cost of the Wqrk, p coni encies
included in the overall ~t'T8 porlion o ~el~ oF the
Architect to a correspon ' in the Proiec
required
Reproduction of the material
ion of the AIA violates the cop
document
noted below.
the Owner shall furnish tests,
Documents, such as structural,
i tantial quotation of its provisions
e United States and will subject the
olates U.S. copyright laws and will
cally produced with permission of the
riolation until the date of expiration as
1121922, which expires on 10/31/2002.
3
~
O 1997 AIAM
AIA DOCUMENT 8141 - 1997
STANDARDFORM AGREEMENT
The American Institute of Architecis ~
1735 New York Avenue N.W.
Washingion, D.C. 20006•5292
mechanica►, and chemical tests, tests for air and water polh
materials.
1.2.2.6 The Owner shall furnish all legal, insurance and
auditing services, that niay be reazonably necessary at any tir
Owner's needs and interests.
1.2.2.7 The Owner shall provide prompt written notice to the
aware of any fault or defect in the Projed, including any errors,
the Architect's Instruments of Service.
1.23.4 The Architect shall maintain the coli
as confidential by the Owner, unless wit <
create the risk of significant harm to the ~l
claim or defense in an adjudicatory proceedii
consultants similar agreements to mainlain
designated as confidenlial by the Owner.
73.1.2
noted
Reproduction of the material
on of the AIA violates the cop)
rtion. WARNING: Unlicensed p
~i~iY.osacution. This document
at current markei rates of labor and
fg,ned, specified, selected or specially
j.tantial quotation of its provisions
Ite United States and will subject the
folates U.S. copyright laws and will
ally produced with permission of the
liolation until the date of expiretion as
1121922, which expires on 1031/2002.
4
provided for by the Architect, including the costs of managemi
construciion or inslallation provided by a separale construction manag
reasonable allowance for their overhead and profit In addition, a re
contingencies shall be induded for market conditions al the Lime of bid
the Work.
13.13 The Cost of the Work does not include the compensation o,
Architect's consultants, the costs of the land, rights-of-way and financin
the responsibility of the Owner.
1.3.2 INSTRUMENTS OF SERVICE
73.2.1 Drawings, specifications and other documents, including
prepared by the Architect and the Architect's consultants aze InsC
solely with respect to this ProjecL The Architect and the Arc~
deemed the authors and owners of their respective Instrumentssqi
common law, stawtory and other reserved rights, induding cop~
lectronic form,
Service for use
dtants shall be
shail ret
13.2.2 Upon exewtion of this Agreement, the Archilect grat'oq~ i ' e Owner a no °
license to reproduce the Architect's Inslruments of Service~'b~el~ °~urposes of co
using and maintaining the Project, provided that the Ow~eF Mµ
induding ptompt payment of all sums when due, undet~i'~ m ~ ll
obtain similar nonexclusive licenses from the Architect's coiYSil{t&3i
AgreemenL Any terminalion of this Agreement prior to completion ¢+a 9~
terminate this license. llpon such termination, the Owner sha➢ refrain ftom m'
reproductions of Instruments of Service and shall return to ihe Architect within seven days o
termination all originals and reproductions in the Owner's possession or controL If and upon
the date the Architect is adjudged in default of this Agreement, the foregoing license shall be
deemed terminated and replaced by a second noneacryT1 e license,„pec{~Qyltm~ ~h i
autho[ize other similady credentialed design m' ~'d5sion"d~~o ~prdde~~~ d av~i~''
by law, lo make changes, corrections or a~ it14~~~~o~t~te Irf3CnYment;s r~~
purposes of completing, using and maintaitupgil~~P{q~7c'~'"`~'';~"~~ ~a
13.2.3 Except for the licenses granled in Subp"aniijia~R.2~ pa othen ccO ht shall
be deemed granted or implied under this Agreemen~. e C~wwn$haU t~4~~4 elegate,
sublicense, pledge or otherwise transfer any license grantedfieTetri ~~pthCA^ ~ thout the
prior written agreement of the ArchitecL However, the Ownerrs~a~,C~`~~~ CIM'Jo authorize
the Contractor, Subcontractors, Sub-subcontractors and material"oCAmPmC~p~iers to
reproduce applicable portions of ihe Inslmments oF Service appropnate to'dnd eir
exewtion of the Work by license granled utt$ubparagraph i.3.z.z. SuUmissioh UX c~ts~ , b~~ : f
Instruments of Serv ice to meei,~ ~!'a~ Ulaio teqwrements or For simi~a~' in
~ ~ °
i~t"~kmas pul~lication in derogation of t~~
connection with the Project is ed
rights of the Acchilect and ~ S,G~t~su~ h1s~'k7ie Owner shall not use the ~ ments
of Service for future addiq' Vless the
Owner oblains the prior~ reement of tfi;~ ct~"~i~'s e`'~h~tecEs~ ultants.
c
An unauthorized use cisk and
without liability to ther
1.3.2.4 Prior to th miot
form or the Own ~ Instruments of Secn ~forth ihe specifc conditdata, including any special limitations or
1.3.3
1.3.3.1
noted
Reproduction of ihe material
'on of the AIA violates the copl
tion. WARNING: Unlicensed F
~tssetution. This document
Instruments of Service in electronic
mc data for mcorporation into the
l by separate written agreement set
hi~sir40"1& of Service or electronic
~ `pi4~l~ iii this Agreement.
services required of the ArchitecCs
Agreemenl, without invalidating lhe
~ircumstances beyond the ArchitecCs
tantial quotation of its provisions
k
e United States and will subject the
tlates U.S. copyright laws and will
ly produced with permission of ihe
iiolation until the date of expiretion as
1121922, which expires on 10/31/2002.
5
This documenl has importanf legal
mrisequences. Consultation with an
attornrey is encouraged with respect to
in completion or modification.
AUTHENTICAiION OF THIS
EIECiRONICALLY DRAFiED AIA
DOCUMENT MAY BE MADE BY USING
AIA DOCUMENT D401. .
~
.1~~.
f ~
O 7997 AIAO
AIA DOCUMENT 8141 - 1997
STANDARDFORM AGREEMENT
The American Institute of Architects
1135 New York Avenue N.W.
Washington, D.C. 20006-5292
control, or if the Architect's services are affected as described in Subparagraph i
absence of mutual agreement in writing, the Architect shall notify the Owner prior
such services. If the Owner deems that all or a pari of such Change in Services is
the Owner shall give prompt written notice to the Architect, and the Architec
obligation lo provide those services. Except for a change due to the fault o
Change in Services oF the Architect shall entitle the Architect to a
compensation pursuant lo Paragraph 1.5.2, and to any Reimbursable Exp
Subparagraph 13.9s and Paragraph 1.5•5•
133.2 If any of the following circumstances afEect the Architect's serv~ ' roject, the
Architect shall be entitled to an appropriate adjustment in the Arc~itY ;8~chedule and
compensation:
.1 change in the instructions or approvals given by t' that necessitate llu's documenl has imPortant le8al
tevisions in Instrumenis of Secvice; ' conseqoences. Corsultation wirh an
.Z enadmenl or revision of codes, laws or regulati ' ~E f~itial inlerpret arrorneyisencouragedwirhrespectto
itscompletionormodification.
which necessitate changes to previously prepared ~.p~i~of Service; AUTHENTIGATIONOFTHIS
, ~ . t.
3 decisions of the Owner nol rendered in a timely ELECTRONICALLY DRAFTED rVA
.4 signifiwnt change in the Project induding b}~ mited to, size DOCUMENT MAY BE MADE BY USING
complexity, the Owner s schedule or budget o~pr t~t„method; AIA DoCUMENr o401.
.5 failure of performance on the parl of the
contractors, .6 preparation for and attendance at a public heari~i
proceeding or a legal proceeding except where the Architect is pa ~tti
.7 change in the information contained in Article i.i.
1.3.4 MEDIATION
1.3.4.7 Any claim, dispute or other malter tn quegt;q~~,{~ma[~s~ng, Pul o~~elattw~;
Agreemenl shall be subject to mediation ~ nd ~
t~~{tkE
instiWtion of legal or equitable proceeding
subject of a lien arising out of the Architect,"ksj~p S~~Arzhi~enE*i4~ay 7iF't5ct'~i~ C;,
with applicable law to comply with the lien hd~t~'~.',,4 ` yydg deadtines prior to :~S$Ttit &~of the
matter by mediation or by arbitration.
noted below.
Reproduction of the material
bn of the AIA violates the cop
9 ion. WARNING: Unlicensed I
tfzecution. This documenl
i4tantial quotation of its provisions
q~J~e United States and will subject the
~{olates U.S. copyright laws and will
Ically produced with permission of the
iiolation until the date of expiration as
1121922, which expires on 10/31/2002.
6
ix -wlil3ng -+vM ihe sther -perFy -ke -this Agreemefit -en4 -wM {he Amepieett
Asseeie6iee: d
rlaemend-€ee-erHitrekiensHa!!~e-niedewitlttft-a teesene4k-titne
'.~-'.m #e oFbitreFiett -eeising -out -&F -ff -reFetixg -te 4his .~i -g~` -
--o Thisdocument hasi nt lal
etA ~igned { by ~He -9wner; ~ ~y, ~HeF -~eESea ~ ~e -~e -jeixe~: - mporta eg
:6ensen4-tearthikrakiee-inve4ving-m addikieHa!-perseH1_' ~ eamsem-te- conse9uences. Consultafion with an
~etFetieF1 -o€-aty e}aiftdis¢tike -or okkeE -xnekke~ -in ~ne5fien. . -it 4ke _ attorrrey is encovraged with respect to
. i. its completion or rra dification.
lh~
AUTHENTICATION OF THIS
erbitreleothe agFeefaents+a-;~iteateivi!lren~ieftek
ELfCTRONICALLYDRAFTEDAIA
te-'te4es4e4kis-Agree+nenks~a$'hespeeifiealh`-MIE-HC~~i DOCUMENT MAY BE MADE BY USING
h"""'o a _ _ "'~'""°°E ~ ~ ~G AIA DOCUMENT D401.
_ ~t2@we[d-[@HdMC'd*4he-efbibFeleE6f '
+6. e d 'SFf l!v ~ft. S. •
1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Architect and the Owner waive consequenlial damages for daims, disputes or other
mallers in question arising out of or relating to this AgreemenL This mulual waiver is
applicable, without limitation, to all consequential damages due to eilher pariy's termination in
accordance with Paragcaph 1.3.8.
PP,
1.3.7 MISCELLANEOUS PROVISIONS~~~~ s~ti
ffPy~$Jm,~~`
1.3.7.1 This Agreement shall be govecned'IS'~~e~1v;'of p`ncipal place of bUSI~ e
hrwise provi~$'ptt~t`~~'aza~~'d~l~ t 4 2 ~b~~~~
Afeh4eet City of Paris, unless ot e
1.37.2 Terms in this Agreement shall have the same mrdtiut~~s t~p~~tn ~he edrillitin of AIA
Document Azoi, General Conditions of the Conlract for CotiSttuctlq~lt`s'A~12~~ni ~s nf the date of
this Agreemenl. _4~~~~~~~~,
1.3.7.3 Causes oE action between the Qarlies to this Agreemenl peda~mng to acts 6c fa~I o 11 act shall be deemed to have accru ~ t~E "a~pL€ab~e staWtes of limitat~ons shaU ce
to run not later than euher ~F ~~~i~ti`~5tan~al Completion for acts or fai[u2 act
occuaing prior to Substanl ~ ~l~q~u'~0'Y t~ d8te o[ issuance of the final Cedi~e for
Payment for acts or failure~}' . mng aRgr~~4`rl~siantial Com ~etion~ In no ~r t shall
such statules of limitali~ N' nce to run aq~r teT"~than the°~t '4 eA'lllen , hitect's services are sustantiaAt
'
~ ~t a =
13J.4 To the exl ' s ate covered t; tt s'~t~nce during construction, lhe
Owner and the A' t ri hts a h other and against the contractors> p 1997 AIAS
consultants, amages, except such rights as ihey may AIA DOCUMENT 8141 - 1997
have to the proce S{~ tAU tttCe;}~~lhe edilion of AIA Documenl Azoi, STANDARD FORM AGREEMENT
General Conditions oE the ' ~C` gSxo~; e date of this Agreemenl.
The Owner or the Architect, as apptopn a~~~' consultants, agents 7he American Institute of Architects
and employees of any of them similar waivers m Ca t~ uftl~~ u~etp~FRY4 ~numerated herein. 7135 New York Avenue N.W.
Washington, D.C. 20006-5292
1.3.7.5 N L hall create a contractua relationship with or a
cause of ~i u~~!e Owner or Architect.
Insj%6,j eproducton of
wit h e material her e;~Un of the AIA violates te copy
righ 'f ~ vioionWARNINGUnlicensed phof ~f ~sutinThis doament w i "~~ioh'~1our lice o noted be~~"~' r 7127922, which expires on 10/312002.
7
1.3J.9 The Owner and Architect, respectively, bind the4j5g-- b ~ f o ,
assigns and legal representatives to the other party to Ye'`n s,
successors, assigns and legal represeniatives of such other parl "ctith:" b5p
this Agreement. Neither the Owner nor the Architect shall assign this e}"~ „
written consent of the other, except thal the Owner may assign this Agreem
instiWtional lender providing financing for the ProjecL In such event, the lender shall assume
the Owner's rights and obligalions under this AgreemenL The Architect shal( execute all
consents reasonably required to facilitate such assignment.
1.3.8 TERMINATION OR SUSPENSION
r:
13.8.1 If the Owner fails to make payt#~eYY a the 1lrC~fFeE
Agreement, such failure shall be considececI fs `~tanU~l i h$npi
termination or, at the ArchitecCs option, caus`~'f"q s n of pe
SCIXICCS °;Pt'{b1~~~.0
this Agteement. If lhe Atchiteci elects lo suspen
Architect shall give seven days' written nolice to the C}i~rTer'~ ~1
services, the Architect shall have no liability to the Owner qt,d
Owner because of such suspension of services. Before resumingse`i
paid all sums due prior to suspension and any expenses incurri
resumption of the Architect's services. The ArchitecCs fees for the
time schedules shall be equitably a4j.4st~e~ ~fin..._
13.8.2 If the Project is su .,th~~~
Archiied shall be compe~`'; ' ~etv~t~i"'~`
When the Project is re suchitect sha
interruption and resump Architect's
senices and the time sc~' ll be equitabl
13.83 IF the Projet£`'~ ded or the
conseculive days '
days' written noti~F
than 30 consecutive
to nolice ofsuch=;st
ces, the
ision of
sed the
shall be
on and
the
in the
are suspended for more than 90
d by giving not less than seven
1.3.8.4 This Agreement may be te ~~~9 .t~ Y~tiO~ot~~ess than seven days'
written notice should the other party fail substa 1[~.t Fbt'm;1i~~3~rdance with the terms
of this Agreement thr a 1g thrt_ri~IIq~t~#t}:
1.3.8.5 Owner upon nol less than seven days'
wrilten ~ and wilhoul cause.
nated below.
Reproduction of fhe material
~on of the AIA violates ihe cop)
. WARNING: Unlicensed F
, ..~l~ukqln..Thisdocument
ipitantial quotation of its provisions
~ie United States and will subject the
,olates U.S. copyright laws and will
tcally produced with permission of the
iiolation until the date of expiration as
1121922, which expires on 10/31/2002.
8
~
IS,
~
i'++F: ;r
O 1997 AIAS
AIA DOCUMENT 8141 - 1997
STANDARDFORM AGREEMENT
The American Institute of Architects
7735 New York Avenue N.W.
Washingfon, D.C. 20006-5292
13.8.6 In the event of termination not the fault of the Architect, the
compensated for services performed prior to termination, together with Reir
then due and all Terminalion Expenses as defined in Subparagraph 13.8.7.
13.8J Termination Expenses are in addition to compensation for
Agreement and include expenses directly attributable to termination for )
not otherwise compensated, plus an amount for the Architect's anticipati
of the services not performed by the Architect.
1.3.9 PAYMENTS TO THE ARCHITECT 4RII
1.3.9.1 Payments on account of services rendered and for Reimbursable
shall be made monthly upon presentation of the Architect s st#,41
deductions shall be made from the Archited's compensation on accp
damages or other sums withheld from payments to contractors cG
changes in the Work other than those for which the Architect
, ~ ~tx; .ar
1.3.9.2 Reimbursable Expenses are in addition to compensaffprO,o
and indude expenses incurred by the Architect and Archt~NE4s etit
directly related to the Project, as identified in the following p Ia`"~$es
.1 transportation in connection with the Proje,~ onz~
subsistence, and electronic communications
.2 fees paid for securing approval of authorities having fu~ns
3 reproductions, plots, standard form documents, poslage,
Instruments of Service;
f services. No
alty, liquidated
of the cost of
to be liab ,
Architect
es and cc
.4 expense of overiime work requiring higher than regular rates if authorized in
advance by the Owner,
.5 renderings, models and mock-ups requgsled by tbe~Ownec r~g
.6 expense of professional l~ability ~eat~}, P.atCd ezclusNCly [QI1h~s . ry
the expense of additional insu 'b {y ~ ~~'~{3~r ~ZU4~' ~ues}ed ~Zjr t~e
excess of that normally carriedl Itect and the ArchItctt s cot~su7t
.7 reimbursable expenses as designa~i~~~~,~''tC£~~L~'d~h t 5 5 N4 ~
.8 other similar direct Project-related exe~~4}~
i~s~
7.3.9.3 Records of Reimbursable Expenses, of expenses 1.
oF services performed on the basis of hourly rates or a i
shall be available to the Owner or the Owner's authorized
times.
13.9.4 Direct Personnel
engaged on the Project
contnbutions and benefii
employee benefits, insurai
similar contributions. ;
ARTICLE 1.4
AND
salaries of the
f their mand
ices, and
Expense
and
CONDITIONS
This documem has imponanr legal
consequences. Consultation with an
atforney is encovraged with respxt to
its mmpletion or rtadilication.
AUTHENTICATION OF TMS
ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY USING
AIA DOCUMENT D401.
~
1.4.1 Enumer
he ree i'
Agreement represents the entire and
p 1qg7 AIAS
integraled
A
e
Archrted and supersedes all prior
AIA DOCUMENT 8141 - 1997
negotialion
estd%60
"
or oraL This Agreement may be
STANDARD FORM AGREEMENT
amended only by written ins~
tSq
er~ ~4~d chitect. This Agreement
comprises the documents listed below.
4~
R
The American Institote of Architects
1735 New York Avenue N.W.
1.4.1.7 Standar wyr~rt
D€
. y
r
f
e~e~b,Beiween Owner and re i,t; AIA Document Biyi-
A
Washin8ton, D.C. 20006-5292
~
1997
e
sv
Institut ~ cts. Reproduction of the material here
witho rmission of the AIA violates the topyrigh,
viol tion. WARNING: Unlicensed phot
su6 ec tion. This document w~
AI our lice
noted below.
~
~tantial quotation of its provisions
~ United States and will subject the
lates U.S. copyright laws and will
ally produced with permission of the
..violation until the date of expiration as
r 1121922, which expires on 101312002.
9
1.4.1.2 Standazd Form of Architect's Services: Design and Contrac
Document B141a997, or as follows:
(List o[herdxumen[s, ifany, de/ineaGng Archilx('s scope ofsemces.)
Aooendix A
Appendix D
Aooendix E
ARpendix F
1.4.1.3 Other documents as follows:
(L(st wherdxuments, i(any. (orming part oftheqgreemenc)
1.4.2 Special Terms and Conditions. Special terms and
Agreement are as follows:
ARTICLE 1.5 COMPENSATION
1.5.1 For the Architect's services as desaibed
computed as follows:
Refer to Appendix D
1.5.2 If the services of the Architect are changed as described in Subparagral3li
Architect's compensation shall be adjusted. Such adjustment shall be calculated as descn
below or, if no method of adjustment is indicated in Lhis Paragraph 1.5.2, in an equitable
manner.
(Insen basis ofcompensation, induding rates and mu/tiples o(Direct PersonnelExpense forPnncipa/s and em lo ees
and iden(i!y Pnncipa/s and dassily emp/oyees, i(requi ' Qi. ~frnt/vi~~ ~ "
compensa[ion apply.) . „ ~ . ;Yiy'~d~~~ .
amoun.
1.53 For a Change in Services of the Ar2fi
computed as a multiple of 9ne and one tenth
Architect for such services.
1.5.4 For Reimbursable Expenses as described in Subparagraph .3v9°4i,~
included in Paragraph 1.5.5 as Reimbursable Expenses, the compensalion sh81
multiple of one and one tenth . " imi" ~,expenses incurred by the
Architect's employees and consy~, „ ~ ~ ~ ` „
1.5.5 Other
1.5.6 The rates and or services of
set forih in this Agr 1 be adjusted ;
practices. A
1.SJ An initiTwiM
Agreemenl and is the m mi
Owner's account ai fnal payment. u
and where appGcable, shall be in proportion to
Agreement.
1.5.8
noted
Reproduction of the material
on of the AIA violates the copl
9 WARNING: Unlicensed F
tosecUtion. This doament
U6-pall be
16illid to the
,O'
~A:
y oth er items
amp~4~ 3a
1(2cl$G i~'~•he
~
N;
. .
! n`sultants as ~f
salary review ~
be made upon execution of this
t shall be credited to the
4~~}jall be made monthly,
~0~',$asis set forth in this
days from the date of the Architect's
ioice date shall bear inierest at the rate
itantial quotation of its provisions
°e United States and will sobjecf fhe
. olates U.S. copyright laws and will
ally produced with permission of the
iiolation ontil the date of expirotion as
1121922, which expires on 10/31/2002.
10
O 1997 AIAO
AIA DOCUMENT 8141 - 7997
STANDARDFORM AGREEMENT
The American Institute of Architecis
1735 New York Avenue N.W.
Washington, D.C. 20006-5292
entered below, or in the absence thereof at the legal rate prevailing from time to
principal place of business of the Architect.
(/nseri rete olin(erest agreed upon.)
~
(Usury /aws end reyuirements under 1he Federa/ Truth in Lending Act, similar s[ate and
end oeha regulations at the Owner's and Architere's p)7cipal p/eces of business the /
elsewhere mayaff'xt the validityo((his provision. Specific lega/advice should be obtained
modi6cations, and also regarding requirementssuch as wnuen disdasures or waivers.)
1.5.9 If the services covered by this Agreement have not been
fgyl (24 ) months of the date hereof, through no fault of the
ArchitecCs services beyond that lime shall be compensated as provi(
This Agreement entered into as of the day and year first wrilten above.
OWNER (Signaiure)
Michael Malone, Citv Manager
(Prin[ed name and (i(/e)
1.5.2.
This document has important legal
consequences. Corsultation with an
attorney is encouraged with respen to
its complefion or modification.
AUTHENTICATION OF TFpS
ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY USING
AIADOCUMENT D401. .
O 1997 AIAS
AIA DOCUMENT B741 - 1997
STANDARDFORM AGREEMENT
The American Insiitvie of Architecis
1735 New York Avenue N.W.
Washington, D.C. 20006•5292
1997 Edition - f
Standard Form of Architect's Services:
Design and Contract Administration
TABLE OF ARTICLES
noted
Reproduction of ihe material
ion of the AIA violates the cop)
a ion. WARNING: Unlicenzed F
nxil%ution. This document
rIl antial q uotation of its provisions
United States and will subject fhe
ates U.S. copyright laws and will
y produced with permiszion of ihe
iiolation until the date of expiretion as
1121922, which expires on 10/31/2002.
12
This document has imporfant legal
consequences. Consultation with an
attorney is encouraged with respect to
its mmplefion or modificafioa AUTHENTICATION OF THIS
ELEfTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY USING
AIADOCUMENT D401.
. .
@ 1997 AIAm
AIA DOCUMENT B741 - 1997
STANDARD FORM AGREEMENT
7he American Insiitute of Architecis
1735 New York Avenue N.W.
Washingion, D.C. 20006-5292
~
2.7.5 The Architect shall submit design documents to the Owner at intervals
the design process for purposes of evaluation and approval by the Owner. The
be entitled to rely on approvals received from the Owner in the furiher devel
design.
1
2.1.6 The Architect shall assist the Owner in connection with the Owner's
filing documents required for the approval of govemmental authorities havi
the Project.
2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK
2.1.7.1 When the Project requirements have been sufficiently identified, t~ rchitect shal(
prepare a preliminary estimate of the Cost of the Work. This estimat based on current
A~ ~•c~ ihis doament has im rtant le al
area, volume or similar conceptual estimating techniques. As th ~ t'ocess progresses corsequerxes.Consulionwithan
through the end of the preparation of the Construction Document~ ` t itect shall update anomey is encouraged wirh respect to
and refne the preliminary estimate of the Cost of the Work i8ct
shall advi incompletionormodification.
Owner of any adjustments to previous estimates of the Cost of,~i~u u t~ indicated by c' nuiNENIICAIION oF rfus
in Project requirements or general markel wndilions. If al an~ allrchiled's esl' ELECTRONICALLYDR4FTEDAIA
the Cost of the Work exceeds the Owner's budget, lhe all make ag . DoCUMENI MAY BE MADE BY USING
recommendations lo the Owner lo adjust the ProjecCs size,~ ~budgel, and ' AIA DOCUMENT D401.
shall cooperate with the Architect in making such adjustm,e'~1~~`~" R
2.1.7.2 Evalualions of the Owner's budget for the Project, TEielprel~t8' , Cost of the Work and updated estimates of the Cost of the Work prepar`~
represent ihe Architect's judgment as a design professional familiar wtth industry. It is recognized, however, that neilher the Architect nor the Owner has control over
the cost of labor, materials or equipment, over the Contractor's methods of determining bid
prices, or over competitive bidding, market or negotiating conditions. Accordingly, the
Architect cannot and does not warrant or reprgse~;t,that 6 ~ tds or negptmtedpnces~wilF~ "
from the Owner's budget for the Project o«[~p a,
~€~~jeoS}~; the X
evaluation prepared or agreed to by the Architec~ ;E~ tr~~~~~~~~~~§~R~~~i~ ~ u.
2.1.7.3 In preparing estimates of the Cost'617thi~+',-1,~~I~ crchiled shall ted to
include contingencies for design, bidding and pnCLye5c b{g c~eterm~u'~v~#a`C 44aterial5,
equipment, component systems and types of construct,btt C+Contract
Documents; to make reasonable adjustments in the scope`ofihe~' f
d'IfS:~ftitUde in the
Contract Documents alternate bids as may be Bt~
necessary to of the
Work to meet the Owner's budSet for the Cost of the Work If a m
n crC~ tn e Co'nt[act Sum
occurring after execution of the Contract belween the Owner and the COniracloK c1 6~ he
budget for the Cost of the Work to be ~aeeded„,.4hal budget shall be increased ~cdbtdln~.',
Institvt cts. Reproduction of the material her ..'7'' ubitantial quotation of its provisions
witho ~ ermission of the AIA violates the copyngh §~je United States and will subjecf ihe
viola tion. WARNING: Unlicensed phot ) s polates U.S. copyright laws and will
wb , Vtion. Thiz document
AI . w ~~~ally produced with permission of ihe
our lice N
noted below. ~ iolation until the date of expiretion as
r 1121922, which expires on IORI/2002.
13
Paragraph 2.1.7. The Architect shall be entitled to compensation in accorda
Agreement for al1 services performed whethet or not construction is commenced.
ARTICLE 2.2 SUPPORTING SERVICES
2.2.1 llnless specifically designated in Paragraph 2.8.3, the services in this
provided by the Owner or the Owner's consultants and contractors.
2.2.1.1 The Owner shall furnish a program setting forih the Owner's
constraints and crileria, incWding space requirements and relationshi~
systems and site requirements.
2.2.1.2 The Owner shall furnish sucveys to describe physical
and utility localions for the site of the Project, and a written
surveys and legal information shall indude, as applicabte, g[
pavements and adjoining properly and structures; adjacent dra
easements, encroachments, zoning, deed restrictions, bound
locations, dimensions and necessary dala with respecy;
improvements and trees; and information concerning avail
b~
public and private, above and below grade, including inverts
the survey shall be referenced to a Project benchmark.
~F~, legal limitations
iiiri of the site. The
s of streets, alleys,
ay, restri ,
ntours of t R~e;
buildings' c
ices and C
"
the info ~ a
2.2.13 The Owner shall furnish se[vices of geotechnical engin4eii.w~~~:y~t~'~lf
not limited to test borings, test pits, determinations of sal bearing valuk~~i
evaluations of hazardous materials, ground corrosion tests and resistivity tests,
necessary operations for anticipating subsoil conditions, with repods and a
recommendations.
ARTICLE 2.3 EVALUATION AND PLANNIN RVIG~S~~~r#'mrh
2.3.1 The Archilect shall provide a preli u8Ud11 t~~pl~rny
the Owner under this Agreement, includin~~ 6~ pGOgcd~`t~xi,~9c~ig
and budget for the Cosi of the Work each fiY;k o;f fhe~~qiher.fie Architec
information to ascertain that it is consistent k ac~u 3ments oF ihe
notify the Owner of any other information or dn'sultattt0[~!t ,c that n
a ~
needed for the ProjecL ' °s"°N a.. ~ ~i
~a ;3•,a .
23.2 The Architect shall provide a preliminary evalualion of th`e` )
based on the information provided by the Owner of site conditions,
schedule and budget for the Cost of the Work.
233 The Architect
construclion services and
have on the Owner's proQ
ARTICLE 2.4 DESIGN
2.4.1 The Architec
electrical enaineerinp-I
2.4.2 SCHEMF~~'I~fi~44
2.4.2J The Architec~
agreed-upon program, sc
establish the conceptual
Projed componenis. The
noted
services
I melhod of coi
impacts thal such
and the_scone,of il
i'flpocuments based on the muWally
iedule, h` 1~ {~ie ;S'he documenis shall
design of the i6'relationship of the
Schematic Design Documen~s s~t~1l CbncepWal site plan, if
"d' s, sections and elevalio~s~lti6`the Architect's option,
cu a d; udy models, perspective sketches, electronic
~ seledions of major building systems and
ll~e Nocribed in writing.
Reproduction of ihe material
on of ihe AIA violates the copl
ltion. WARNING: Unlicensed p
VWarosecution. This document
i~istantial quotation of its provisions
~~e United States and will subject the
4 lates U.S. topyright laws and will
ally produced with permission of the
,iolation until the date of expirotion as
1121922, which expires on 10/3112002.
14
This documenl has important legal
consequences. Comvltation with an
attorney is encouraged with respxt to
its complelion or modification.
AUTNENTICATION OF 1H15
ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY US1NG
_
AIA DOCUMENT D401.
(D 7997 AIAO
AIA DOCUMENT 8141 - 1997
STANDARDFORM AGREEMENT
The American Institute of Architecis
1735 New York Avenue N.W.
Washington, D.C. 20006•5292
2.43 DESIGN DEVELOPMENT DOCUMENTS
2.43.1 The Architect shall provide Design Developmenl DocumenL
Schematic Design Documents and updaled budget for the Cost of
Developmenl Doeuments shall illustrate and describe the refinemei
Project, establishing the scope, telationships, forms, size and appea;
means of plans, sections and elevations, typical construction details,
The Design Development Documents shall include specifications that
and systems and establish in general their quality levels.
2.4.4 CONSTRUGTION DOCUMENTS
2.4.4.1 The Architect shall provide Construction Documents 1
Development Documents and updated budget for the Cost of
Documents shall set forth in detail the requirements for con,
Construction Documenis shall indude Drawings and Specificati
quality levels of materials and systems required for the Project. A
2.4.4.2 During the development of the Construction Docu ` p~,"ttx"Arch
Owner in the develo ment and re aration of (i) bid i~cure
form ofeagreeement between the Ownerdi nd the Clontra~[~q'~r~Y(2}Pthe~
Contract for Construction (General, Supplementary and other itondi[l~j
shall compile the Project Manual that includes the Conditions oF the Conl
and Specifications and may indude bidding requirements and sample Forms.
ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES
2.5.1 The Architect shall assist the Owner in obtaining either
proposals and shall assist the Owner in awardmgppd~pk'C~g t
2.5.2 The Archiled shall assist the
contractors.
2.53 The Architect shall assisl the Owner in Gid~1`~il
determination of the successful bid or proposal, if any. I~"i, i
shall notify all prospective bidders or contractors of the bid
2.5.4 COMPETITIVE BIDDING
2.5.4.1 Bidding Documenls shall
General Conditions and SuoolemeYi
2.5.4.2 If tequested by th~
of Bidding Documents fo
the cosi of reproduction
burs,
2.5.4.3 If requested '
er, the
prospective bidders
st their re
Archited shall ma'
received from an
2.5.4.4 The Architect shall consl
D«uments, and shall prepare and
prospective bidders.
2.5.4.5
noted below.
the
Reproduction of the material
on of the AIA violates the cop)
Yon. WARNING: Unlicensed p
; ' ecktAOn. This document
for
roved Design
Construction
in
bids
and
i~~~~ kjiCictly for
Documents to
; process. The
eposits, if any,
~lelion of the biddii
and the amounts of
ed by the Bidding
substiwtions to all
Owner's direction, shall organize and
R fitantial quotation of its provisions
'e United States and will subjxt the
olates U.S. copyright laws and will
Ically produced with permission of the
uiolation until the date of expiration as
7121922, which expires on 70/31/2002.
15
This document has imponant legal
cortseqvemes. Corevltation with an
atrorney is encouraged with respxt to
its completion or modification.
AUTHENIICATION OF THIS
ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY USING
AIA DOCUMENT D40I.
.
~
OO 1997 AIA@
AIA DOCUMENT B147 - 7997
STANDARDFORM AGREEMENT
The American Insfitute of Archifecis
1735 New York Avenue N.W.
Washingfon, D.C. 20006-5292
2.5.4.6 The Architect shall prepare responses to questions from prospective
provide clarifications and interpretations of the Bidding Documents to all prospi
in the form of addenda.
2.5.4.7 The Architect shall participate in or, ai the Owner's direction, :
conduct the opening of the bids. The Architect shall subsequeni►y document
bidding results, as directed by the Owner. A
2.5.5.2 ir___. _..t_a b...h,, n.... _ .t,, n_,.h:.,.,.. ..t..n..~
0f-gE8p95@E vr~_vE"••~artxcx~"••i~ -[0F 4A -pE6Sp2EtlV0
i€-reqeested*4Ae~Awner-tk
~.TTTT 1TC AFT[CRS[C'l.T~tltO!lJRC['E
D9fii3A2Rks,9t1~S~2fl~-@Ef'p@E29Hd-di5kf
~.r5.5.5 4{-Ee9ttesied-b1`412OWH2F-14
ARTICLE 2.6 CONTRACT ADMINISTRATIO ~C~E~5~
2.6.1 GENERAL ADMINISTRATION
~
2.6.1.1 The Architect shall provide adm' ~~thr~ nltgti~
the Contractor as set forth below and in~" G$ti~uf IA Docu
Conditions of ihe Contract for Construction e date
Modifications made to t6e General Conditions ~v ~6~Y~Cc4~8s
Documents, shall be enforceable under this Agreemen tt,l}~'~ly t~~~
consistent wilh this Agreement or approved in writing by the
they are
2.6.1.2 The ArchitecCs responsibiLty to provide the Contract Admmtstrattott Sernce' ' der
`
d
this Agreement commences wilh l~ aw&[d, Qf the inilial Conlract for Cti,lii9tntcEi6
terminates at the issuance to lb al Certificate for Payment.'Ho' r he
Architect shall be entitted t4~i~
Contract Adminislration Sem ~6j ~ tl~`~~
~~accordance w~th Paragraph hen
t6g date of Subslanlial GomPlgtion of
n
the Work.
I~y ~
~
2.6.13 The Architec epresentative
~
~e 0Y!j~ tfie Owner
+
during lhe provision a ontract Adm
Aichitect shall have
authority to act on e Owner only
provided in this Agreement unless
otherwise modifiecLr 771111
~imSn4
2.6.1.4 Duties, respo
2.6 shall not be restrici
Architect with consenl
2.6.1.5
noted
Contrador,
Reproduction of the material on of the AIA violates the copy
W n. WARNING: Uniicensed p
I~aMV.tion. This documenf
Architect under this Artide
#etnent of the Owner and
iiuyirt"tinablv withheld.
timely req'uMs by the Contractor for
ts. A properly prepared request for
iall be in a form prepared or approved
Stantial quotation of iis provisions
Ae United Statet and will subject the
~iolates U.S. copyright laws and will
i"cally produced with permission of the
+iolation until the date of expiretion as
1121922, which expires on 70/31/2002.
16
This document has important legal
corsequences. Consultation with an
attorneyis encouroged with respecl to
in completion or mndification.
AUTHENTICATION OF TMS
ELECTRONICALLY DRAFlEO AIA
DOCUMENT MAY BE MADE BY USING
AIA DOCUMENT D401. .
MW
.
i+1Fi ti'
~
OO 1997 AIA(P
AIA DOCUMENT 8741 - 7997
STANDARDFORM AGREEMENT
The American Institute of Architects
7735 New York Avenue N.W.
Washington, D.C. 20006-5292
This document has important legal
consequences. Corsultation with an
atiorney is encouraged wifh respecf fo
ia completion or rmdilication.
AUTHENTICATION OF THIS
ELECTRONICALLY ORAFTED AIA
DOCUMENT MAY BE MADE BY USING
AIA DOCUMENT D401.
_
2.6.19 The Architect shall render initial decisions on clquesti
on between the Owner and Contractor as poHowever, the ArchitecCs decisions on matters relaling consistent with the intent expressed in ihe Contract Documents. '
2.6.2 EVALUATIONS OF THE WORK
2.6.2.1 The Architect, as a representative of the Owner, shall visil the site at intervals
appropriate to the slage of the Contradors operations, or as otherwise agreed by lhe Owner
and the Architect in Article 2.8, (i) to become Vnerally famt withar~d„3At~`~~ep~#p
informed about the progress and quality of thi p~Dn o~t&~, ,b~~le rb~iln~~l,,i~
to guard the Owner against defects and de~tcY~etds~ ui
genecal if the Work is being performed `a ~~7r0tai~dd"ic~tingChe i, x u y
completed, will be in aaordance w~th the Con'~y I`locumenis However, th ' cl shall
not be required to make exhaustive or continuou0n4~kxons to c1}~,3#}ie uality or
quantity of the Work. The Architect shall neither havg"~~~ o~r~'"t~~ nor be
responsible for, the construction means, melhods techniqi~~s~~ 4dUres, or for
safety precautions and programs in connection with the solely the
Contractor's rig6ts and responsibilities under the Contract Documenis° t~ 4~,~5!~'t ~
2.6.2.2 The Architect shall re theaiQ~'ne~ known devialions frbin~'~h~f p ct
Documenls and from the mo kc8kgptrutt~i4nischedule submitted by the ftor.
However, the Architect sha ` pons}1~~~ ~`bx the ConUactor s failure to perfoe~ the
Work in accordance with tlt isbEth~~bnlcact Documents The Arc~ri hall be
responsible for the Archit" ~ ent acts or~Oh~ ~ou$, bu ~all~ho~'hUVe°;ib~~" over or
charge of and shall not le fo~ tractors,
or their agents or empj f any the
Work.
2.6.2.3 The
progress.
2.6.2.4 Except as olherwise providM93P" ' ti
been specially authorized, the Owner shall en eav$r ;
noted below. Uie
Work wherever it is in preparation or
hehA ,u cgmmunicationshave
~n[anh the Contractor
re~aY9~~~°~?~ Cr tract Documents.
shall be throthe Architect.
that does noi conform to the
ssary or advisable, the Archilect
itantial quotation of its provisions
E United States and will subject the
ates U.S. copyright laws and will
y produced with permission of the
riolation until ihe date of expirotion as
1121922, which expires on 70131/2002.
17
. .
~
9) 7997 AIA(P
AIA DOCUMENT 8741 - 1997
STANDARDFORM AGREEMENT
The American Institute of Architects
1735 New York Avenue N.W.
Washington, D.C. 20006-5292
will have authority to require inspection or testing of the Work in accorda
provisions of the Contract Documents, whether or not such Work is fabricatei
completed. However, neither this authority of the Architect nor a decision made
either lo exercise or nol to exercise such authority shall give rise io a duty or r
the Archited to the Contractor, Subcontractors, material and equipment suppl'
or employees or other persons or entities performing poriions of the Work.
2.63 CERTIFICATION OF PAYMENTS TO CONTRACTOR
2.63.1 The Architect shall review and certify the amounts due the
Certificates for Payment in such amounts. The Architect's certif
constitute a tepresentation to the Owner, based on the ArchitecCs
provided in Paragraph 2.6.2 and on the data comprising the Co
Payment, that the Work has progressed to the point indicated ac
ArchilecCs knowledge, information and belief, the quality of the V
the Contract Documenls. The foregoing representations are sub~ecE~
Work for conformance with the Contract Documents upon Set~~
results of subsequent tests and inspections, (3) to correctiop
Conuact Documents prior to completion, and (4) to speafo ua~
Architect.
of
shall issue
ent shall
wf the Work as
Application for
~i the best of the
`accordance with
evaluation
3mpletion,
iations f
J~
express
2.63.2 The issuance of a Certificate for Payment shCs~~~"~'~,
Architect has (i) made e~austive or continuous on-site mspeclio ; t~ { ~t
quanlity of the Work, (z) reviewed construction means, methods, t
procedures, (3) reviewed copies of requisitions received from Subcontractors a`
suppliers and other data requested by the Owner to substantiate the Contractor's
paytnent, or (4) asceriained how or for what purpose the Contractor has used money p
paid on account of the Contract Sum.
2.633 The Architect shall maintain a
2.6.4 SUBMITTALS ,+4my :ymXg~`~:~sassrrua~r~re=:;rs~
2.6.4.1 The Architect shall review and approkg~4i tak~,~{b}h~er apptopnate,
Contractois submitlals such as Shop Drawings 1'roSluctRaf~~andH~ample~
limited purpose of checking for conFormance wuh mfocma~i~¢~gtv~
expressed in the Contract Documents. The Architectr's"~a on ~hat~~ ~~j
teasonable promptness as to cause no delay in the Work or'~'t} tKz~~CNitte
Contractor or separate contractors, while allowing sufficient Ume in tri~r,~'tlt`~chii
judgment to permit adequate review. Review of such submittals is nol='c,o
purpose of delermining the accurac ¢ com let`eness of other details such a'`s
quantities, or for substantiatin c'ttons~~oY allation or performance
systems, all of which remain, GonUactoc as required
Documents. The Architect's g rro'E`~i~n8p' Proval of safety precs
othenvise specifically staled, chitect, ~~tKUCtion me~$t kn~tF
sequences or procedures ect's approva '*`5 F."~
of an assembly of whica component
2.6.4.2 The Arcl
by the Contractor
noted
W~ The Architect shatl be entiQed to rely upon
"'certifiwtions or approvals performed
n the
I for the
concept
th such
Owner,
or
and copies of submiltals supplied
Contract Documents.
Adlesign professional related to
uu'es~ t~,~ -aint~ya_c}or by the Contract
pET~oi '.~~~Gik ~d,~Fa~gn cnleria lhal such
het submittals'iCC~ed ~e Work designed or
by the Contractor sull'~~ear such proFessional's
Reproduction of the material
on of the AIA violates the cop)
ion. WARNING: Unlitensed p
ptsecution. ihis document
Fa tan tial quotation of its provisions
e United States and will subject the
lates U.S. copyright laws and will
lly produced with permission of the
iiolation until the date of expiretion as
1121922, which expires on 10/31/2002.
18
This document has important legal
conseqvemes. Coruulfafion with an
altorney is encouraged with respecl fo
in mmpletion or modificarion.
AUTHENTICATION OF TWS
ELECIRONICALLY DHAFIED AIA
DOCUMENT MAY BE MADE BY USING
AIA DOCUMENT D401.
~
►;5~~
O 1997 AIAO
AIA DOCUMENT 8141 - 1997
STANDARD FORM AGREEMENT
The American Institute of Architects
1735 New York Avenue N.W.
Washington, D.C. 20006-5292
2.6.5 CHANGES IN THE WORK
2.6.5.1 The Archited shall prepate Change Orders and Construction Ch;
the Owners approval and execution in accordance with the Contract
Architect may authorize minor changes in the W6rk not involving an adju:
Sum or an extension of the Contract Time which are consistent with the inb
Documents. If necessary, the Architect shall prepare, reproduce and distril
Specifications to describe Work to be added, deleted or modified, as pr "
2.8.2.
2.6.5.2 The Architect shall review properly prepared, timely requests""Gygfie Owner or
Contractor for changes in the Work, including adjustments to the ~s as~l Sum or Contract
Time. A properly prepared request for a change in the Work shall b~;a - ' ied by sufficient
supporting data and information to permit the Archilect to make, le determination
without extensive investigation or preparation of additional dra~mv ` `'ecifications e
Architect determines that requested changes in the Work are nbt teVIy different fr
requirements of the Contract Documenls, the Architect may is3u~ er for a mino '
in the Work or recommend to the Owner lhat the requested c ,
lY~~t~, {,,~enied.
2.6.53 If the Architect determines that implementati t~°~ ~li~ff~""~5t~ ch " d
result in a material change to the Conlract that may cau djus ~!n[~ 11
e
or Contrad Sum, the Architect shall make a recommendatton~t6e 0t~ ,
authorize further investigation of such change. llpon such authonzati0m~, r~tid ~S ' ri
information furnished by the Contractor, if any, the Architect shall estimate the a~di r
and time that might result from such change, including any additional costs attributable to a
Change in Services of the Architect. With the Owner's approval, the Archiled shall incorporate
those estimates into a Change Order or other appropriate documentation for the Owneis
exewtion or negotialion with the Conlractoc qt U~ ~;'ri ~}~DESM
2.6.5.4 The Architect shall maintain
2.6.6 PROJECT COMPLETION ' ~ p.~
2.6.6.1 The Architect shall conduct inspections i 'c ihe date or
Completion and the date of final completion, sha(I re ce~vi~ ' in ihe
lC
the Owner, for the Owner's review and records, written
tQaetanCtes an,d
required by the Contract Documents and assembled by the Contrdit~rF;01
Ceriificate for Payment based upon a final inspection indicating t8e'WOi
requirements of the Contract Documents.
2.6.6.2 The Architect's
Representative to check
Documents and to verify i
of Work to be completed,
ARTICLE 2.7
2.7.1
noted
Reprodvction of the material
on of the AIA violates the copl
!,(ion. WARNING: Unlicensed F
I ,sewtion. This dowment
I with the Owner's L
the requirements of ihe
he lisl submiltedbv:t68'[
Work.
This document has importanf legal
consequences. Corsultation with an
attorney is encouraged with respect to
its completion or rtadification.
AUlHENIICAIION OF THIS
ELECTRONICALLY DRAFTED AIA
DOCUMENi MAY BE MADE BY USING
AIADONMENTD40L .
orward to
ocuments
ue a final
wilh the
Cst' "'led
t'hlilract
~j~`tractor
n'~ ti~~~. 140;v
iform the induding ~
forward to the Owner. (i) consent
$"reta{tta e or the making of final
nds indemnifying the
Owner's Designated Representative
or facility operation services.
W$Y~'..fantial quotation of its provisions
E~e United States and will subject the
4 lates U.S. copyright laws and will
~ ally produced with permission of the
iiolation until the date of expiration as
1121922, which expires on 101`3112002.
19
O 1997 AIAO
AIA DOCUMENT 8141 - 1997
STANDARDFORM AGREEMENT
The American Instiiute of Architects
1735 New York Avenue N.W.
Washington, D.C. 20006-5292
2.7.2 Upon request of the Owner, and prior to the expiration o
Substantial Completion, the Atchitect shall conduct a meeting with i
Designated Represenlalive lo review the facility operations and
appropriate tecommendations to the Owner.
ARTICLE 2.8 SCHEDULE OF SERVICES
2.8.1 Design and Contract Administration Secvices beyond th
provided by the Architect as a Change in Services in accordance with
.1 up to Two ( 2) reviews of each Shop Drawing, Prod
similar submittal of the Contractor.
.2 up to limi ed O visits to the site by the Archite
Projed during conslruction.
3 up to Three (3 ) inspections for any portion of th '
such portion of the Work is substantially co
requirements of the Contract Documents. µ,F
~
.4 up to Three inspections for any porti nf~} +
completion.
lte duration of the
Thisdocumenthasimportantlegal
V
consequences. Corsultation with an
determi
attorney is encoureged with respect to
)tscomplelionormodifica lion.
ordanc
AUTHENTICATION
OFTWS
&
ELECTRONICALLY DRAFTED AIA
to dele
DOCUMENTMAYBEM/1DEBYUSING
.
AIA DOCUMENT D401.
2.8.2 The following Design and Contract AdministraCtott'$~[u"41~~J~JL t}e`i~iTp
Architect as a Change in Services in accordance with Paragraph t 3.3i~'~ ~5~ x
.1 review of a Contractor's submiual out of sequence from the su6~tnit ,
agreed to by the Architect;
.2 responses to the Contractor's requests for information where such information is
available to the Contractor from a careful study and comparison of the Contract
Documenls, field conditious, other Owne~ provided n, CSon.
prepared coordinauon draw}p poq5~documenlalion; 3 Change Orders and Constr o4proposals, including the prepa'rat~~ ' 1o~t~&pf Insiruments of ~ ~A 11 .4 providing consultation concemmg' ` enl ~ Work resultif~~iil~t fire or
other cause durinB constmction;
.5 evaluation of an extensive number of c~law~ ~~SU 1Ci~edy' ~'t1tAp Owner's
consultants, the Contractor or others in connecun ~th~h~ Wotk~~a~'
.6 evaluation oF substiwtions proposed by the Owner's 2onsutt 'antsroc coq4ractors
and making subsequent revisions to Insuuments oF Service resulUrig eRe
dtlCttmeAlation for alternale bid or jrrppos2~ ~y e3is
.7 preparation of desi and ~
roosed b the " S a
_fy
.8 Contract Admui ; cgs. <5o days after the date of Su , antial
Completion.~..~~~ ' ~ . ~ uaqj`~U
uh or
2.83 The Archi:ff~~
designat
ed:
Services .
.t
Programming
.z
Land Survey Services
.3
Geotechnical Services
.q
Sp
.5
~
M
J
.1
noted
Reproduction of the material
on of the AIA violates the cop}
g n. WARNING: Unlicensed p
?iSCasecution. This document
Location of Service
NotProvidexl) Descripfion
i15~tantial quotation of its provisions
~e United States and will subject the
~t'olates U.S. copyright laws and will
ally produced with permission of the
✓iolation until the date of ezpiration as
1121922, which expires on 70131/2002.
20
.W
z.
~
~r
C) 1997 AIAm
AIA DOCUMENT 6141 - 1997
STANDARD FORM AGREEMENT
The American Institute of Architecis
7735 New York Avenue N.W.
Washington, D.C. 20006•5292
.8
Environmental Studies and
Owner
Reporis
.9
Owner-Supplied Dala
N/A
Coordination
ao
Schedule Development and
N(A
Monitodng
.u
Civil Design
Architect
.iz
Landscape Design
r hi c
.13
Interior Design
Architect
.14
Special Bidding or Negotiation
N/i3
.15
Value Analysis
N/A
.16
Delailed Cost Estimating
Ar hiteC
.17
On-Site Project Representation
N/A
-
.i8
Construction Management
N
/
a9
Stari-up Assistance
f~/
.zo
Record Drawings
ContfaCtor
.u
Post-Contract Evaluation
N/A
.22
Tenant-Related Services
N/A
.23
Furniture Selection /
Architect
Procurement
•24
•ZS
Description of Services.
poser[ desrnpaons o(the servires designa[edJ
ARTICLE 2.9 MODIFICATIONS
2.9.1 Modificalions to this Standard
Administration, if any, are as follows:
By its execution, this Standard Form of Ari
Administration and modifications hereto are it
Agreement Between the Owner and Architect, AIA
by the parties as of the date:
(Signatute)
noted below.
Reprodvction of the material
ion of the AIA violates the cop
ltion. WARNING: Unlicensed I
zecution. This documenl
i of
into
(Signa[ure)
I tantial quotation of its provisions
e United States and will subject the
olates U.S. copyright laws and will
alty produced with permission of the
riolation until the date of expiration as
1121922, which expires on 70/31/2002.
21
This document has important legal
mnsequences. Corsulration with an
atrorney is encoureged with respect ro
its mmpletion or modification.
AUTHENTICATION OF TFqS
ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY USING
AIA DOCUMENT D401. .
al~~~a
ft~~s
~
@ 1997 AIAO
AIA DOCUMENT B741 - 1997
STANDARDFORM AGREEMENT
The American Institute of Architecis
7735 New York Avenue N.W.
Washington, D.C. 20006-5292
APPENDIX A
City of Paris
Police Facility
Article 7.1.2.5.1
Preliminary Project Budget
April 29, 2002
Land Cost 1,275,000
TesHng Services
Subsurface Soils
2,500
Construetion Materials
18,000
COnstructiOn -
Building
3,499,000
Note A
Fxisting Site Utilitias Relocation
0
Note B
Landscape
15,000
Contingency (7%)
245,000
Note E
FFBE
Furndure
210,000
Note C
AV Equipmant
30,000
Communications Tw+er
a
Police Lab Equipment
20,000
City Budgets
SRe Survey
4~000
Telephone / Computer
80,800
Moving Costs
2,000
Communications Relacation
0 Note D
Police Temporery Relacation Costs
0 Note D
Indireet Costs
AIE Basit Services
338,000
Cost Estimating
11,000
Civil Engineering
7,000
Landscape Design
6,500
FJV /ACOUSIical Engineer
12,000
ADA Consuftant
6,000
Interior Design & Fumiture Seiection
38.0130
As-BuiR
8,000
Reimbursable (Budgel Ony)
38,000
Tofal Project Cost
5,865,800 Note F
Projeet Contingueney (3%)
175,000
Tofal Projeet Budget
6,040,800
Nobs:
p;
Refer to Append'a B
B;
Budget assumes no existing util@ies to be relxated and all neeessary utilities
are available at sfte.
C:
Assumes partial new turniture and reuse of some exdsting.
p:
Assumes Pdice will remain in current facility during consVUCtion.
E:
7% of Total Canstructian Budget
F:
Budget assumes Bid Date of March 2003.
t
APPENDIX B
Paris Police and Courts
4/10/02
Construction Budget Breakdown
Area Area CosUSF Cost
Site Development
Parking (Phase 1- 70 cars)
28,000
$
3.75
$
105,000
Earthwork
145,640
$
2.00
$
70,000
Building
Police
20,351
$
95.00
$
1,933,341
Court
4,250
$
90.00
$
382,483
Holding
4,413
$
160.00
$
706,153
Sallyport (Enclosed)
816
$
95.00
$
77,565
Subtotal
29,831
$
109.77
$
3,274,541
Escalation to Mid Construction 4.2% er ear- Dec 2001 to Jul 2003 $ 3,499,000
APPENDIX C
CITY OF PARIS
POLICE FACILITY
ARTICLE 1.4.1.2.
1.4.1.2.2 SCOPE OF WORK - FURNITURE, FIXTURES, AND EQUIPMENT
Reseazch:
A. Site visit current facility and documents current fiuniture to remain.
B. Incorporate existing fiumiture into new building.
Design Development:
A. Meet with Police and City staff to establish FF&E requirements
B. Coordinate FF&E requirements with azchitectural floor plans.
C. Update Budget.
Construction Administration Phase
A. Meet with city staff to establish furniture standazds and requirements.
B. Present standards of quality finish and staffing hierazchy to city staff.
C. Establish and review Scope of FF&E based upon budgeting and interior
design constraints.
D. Present FF&E preliminary package to city staff.
E. Present final FF&E package to city staff and finalize Budget.
F. Complete specifications and drawings for purpose of bidding package.
G. Coordinate with city staff bidding package front end general conditions
consistent with city purchasing standazds.
H. Coordinate all MEP / D'unensional issues between bid package and
building Construction Documents.
1. Issue package to city for city handling ofthe bidding process.
J. Advise Owner and Bidders on clarifications, substitutions and issuance of
Addenda.
K. Assist Owner in evaluating prices and make recommendation for contract
awards.
L. Advise Owner and Vendor(s) on clarification items following notice to
proceed.
M. Provide on-site representative during fumitwe installation. (2 days).
N. Make one (1) on site visit to review completed FF&E installation and
develop and process furniture punch list.
0. Make one (1) on site visit for review of completed punch list prior to
Owner's final acceptance.
Page 1 of 2
SCOPE OF WORK - ADDITIONAL SERVICES
A. Work set forth by the Owner which is not set forth in the Basic Services.
B. Revisioas to work that are inconsistent with previous approvals or
instructions.
C. Services related to the advertisement or issuance of bidding documents.
D. Work requested by Owner after 24 months from the commencement of this
project.
E. Services to develop and / or evaluate akernates for the bid documents.
F. Services to develop multiple bid documents other than stated above.
G. Services to develop record drawings.
H. Additional presentations other than stated above.
OWNERS RESPONSIBILITIES
A. Provide a single project representative.
B. Exercise review and approval function in accordance with the agreed project
schedule.
C. Provide all pertinent information developed to date due sent which will affect
the work to be performed for this project.
D. Advertise, issue and receive fiuniture bids.
E. Execute the contract awazds into signed agreements with the successful
furniture bidders.
F. Provide all management and coordination for the relocation of any existing
FF&E i.e., copiers, computers, microfiche, etc.
Page 2 of 2
APPENDIX D
CITY OF PARIS
POLICE FACILITY
ARTICLE 1.5.1
SERVICES AND COMPENSATION
1.4.1.2.3 BASIC AND SUPPLEMENTAL SERVICES INCLUDED IN CONTRACT
SCOPE OF WORK:
A. Basic A/E services fee $338.000
Reference Appendix A Preliminary Project Budget
Fees to be billed monthly by percent complete of each Phase as follows:
Schematic Phase 15%
Design Development 20%
Construction Document 40%
Bidding 5%
Construction Administration 20%
Total 100%
The initial Building Construction Budget is set at $3,759,000 (Reference Appendix
"A"). This budget may be adjusted from time to time by Ciry authorization. The
Architect will receive no adjustment in the fixed Fee should the actual accepted
construction bid amount vary from the budget and subsequently be approved by City.
B. Professional Cost Estimatine Services fee $11,000
Detailed Cost Estimates shall be provided at Schematic and Design Development
phases. (10,000).
Architectural Coordination ($1,000).
C. Interior DesiQn and FF&E selection fee $38,000
Selection, specification, and installation of furniture, and related equipment will be
provided as part of Basic Services. Reference Appendix C. Cost of these services shall
be $30,000.
Architectural coordination of all FF&E items will be $8,000 Services to be billed by
percent complete.
D. Acoustical AN consultant fees $12.000
Acoustical Sound Engineering and Audio Visual for training/Court Room ($11,000)
Architectural Coordination ($1,000).
E. Civil Eneineerins fees $7.000
Civil Engineering Services including property lineltopography verification, platting,
site horizontal control, water and sewer plans, utility plans, drainage maps, paving
plans, grading plans, erosion conhol, and utility coordination. ($6,500). Construction
Administration will be provided as part of Additional Services if required.
Architectural Coordination ($500).
Page 1 of 3
F. ADA Consultinrt Services fces $6,000 `
Review of schematic, design development documents by state approved firm for
conformance. State mandated construction document review, substantial completion
punch site review, and final state required inspeotion. ($4,000). Scope included ADA
review of entire current facility for conformance $1,500.
Architectural Coordination ($500).
G. Interior Desie,n fee $9,000
Interiors finish selection presentation, documentation, specifications, and shop drawing
review.
H. Landscape Desien Services Fee $6.500
Services shall include selection of plant material, flatwork, design of irrigation system
if area directly noRh of building at new parking location, and providing assistance in
bidding and construction administration of these elements. Work does not include
modifications to the existing irrigation systems. Designer shall coordinate all work with
appropriate City Agencies. ($6,000).
Architecmral Coordination ($500).
I. As-built Fee $.8.000
Survey of existing conditions at facility to be renovated and documentation of that
review coordination of contractor supplied As-built drawings at conclusion of
construction.
J. Reimbursable budeet estimate $35.000
Reimbursable costs are an estimate only and reflect the judgment of the Architect.
Budget assumes all Construction Company Bidders will make a non-refundable
payment equal to the actual cost of printing bid documents. Acmal savings or increases
will be forwarded to the City for action as additional service authorizations.
K. Several services contain estimates of compensation. Fees will be negotiated upon
definition of scope and any savings or increases in actual fees will be forwarded to Ciry
for action as additional service authorizations. Estimated Services include: Items C, F,
G,H,I,J,&K.
TOTAL PROFESSIONAL FEES $426,500
TOTAL REIMBURSABLE BUDGET$ 38,000
1.4.1.2.4 SCOPE OF WORKASSUMP'PIONS
A. Site survey to be provided by City.
B. Building site dces not require platting, zoning or site submitta] process.
C. City has complete As-Built drawings of existing building and site.
Page 2 of 3
D. Geotechnical RePort provided by City.
1.4.1.2.5 OPTIONAL ADDITIONAL SERVICES
A. Lighting Design Consultants as requested by City.
B. Graphic Design Consultants as requested by Ciry.
Page 3 of 3
APPENDIX E
CITY OF PARIS
POLICE FACILITY
ARTICLE 1.4.2
SPECIAL TERMS AND CONDITIONS OF THE CONTRACT
1.4.2.1 CHANGE ORDERS
A. Owner-requested Change Orders: The Architect's fees for all work
associated with Owner-Requested Change Orders shall be computed on an
hourly basis per Appendix "G" schedule.
B. Unknown Site Conditions: If the Architect, having used reasonable caze
in evaluating eatisting Drawings and field conditions, finds that those
existing conditions aze not in accordance with the Construction
Documents, therefore requiruig additional work or cost by the Contractor,
the cost of the additional or changed work shall be paid by the Owner.
The ArchitecYs fee for work associated with such Change Orders shall be
computed on an hourly basis per Appendix "G" schedule.
C. Omissions: If the Architect fails to include or omits an item from the
Contract Documents, which was fixlly anticipated to be included in the
Project, thereby necessitating the need for a Change Order, the Architect
will not receive a fee for work associated with the Change Order.
D. Design Error: If the Architect incorrectly designs or specifies an item
which the owner specifically requested to be part of the scope of work and
fails to correct the enor prior to installation in the Project, thereby
requiring its removal or change, the Architect shall be responsible for the
cost to replace said item with the proper item.
1.4.2.2 STANDARD OF CARE/CONTINGENCY
A. In performing Architectural Services, the Architect will strive to use that
degree of care and skill ordinarily exercised under similaz circumstances
by competent members of the architecture profession. Notwithstanding
compliance with this standard of care, the Owner can normally anticipate
that some changes and adjustments in the project will be required either
during or after construction. The Owner agrees to establish a contingency
fund to cover the reasonably anticipated costs of these changes and
adjustments as well as, changes due to code revisions and field conditions.
The Owner agrees to not seek costs related to item 1.4.2.1.C omissions
from Architect unless the aforementioned contingency funds are exhausted
by Non-Owner initiated changes.
Page 1 of 2
1.4.2.3 ADA COMPLIANCE
A. The Americans with Disabilities Act ("ADA") provides that it is a
violation of the ADA to design and construct a facility for first occupancy
later that January 26, 1993 that does not meet the accessibility and
usability requirements of the ADA except where an entity can demonstrate
that it is structurally impractical to do so. The parties acknowledge that
the ADA and the conesponding State of Texas laws regazding disability
barriers ("State Law") will be subject to vazious and possible contradictory
interpretations. The Architect, therefore will use reasonable professional
efforts to interpret and comply with all applicable ADA and State Law
requirements and other federal, state, and local laws, rules, codes,
ordinances and-regulations as they apply to the Project. The Architect,
due to such competing interpretations, does not warrant or guarantee that
the Project will comply with interpretations of applicable provisions of the
ADA and State Law. However, the Architect will timely submit the Plans
and Specifications to the applicable State of Texas agency with respect to
compliance with State Law in order for such State of Teacas agency to
review and comment to the Plans and Specifications prior to the scheduled
commencement of construction.
1.4.2.4 ARCHITECTURAL REGISTRATION
A. The Texas Boazd of Architectural Examiners, 8213 Shoal Creek
Boulevazd, Suite 107, Austin, Texas 78758 (512-458-1363) has
jurisdiction over individuals licensed where the Architect's Registration
Law, Texas Civil Status, Article 249a.
Page 2 of 2
Appendia F
Article 1.4.1.3.1
ARCHITECTURAL BILLING RATES 2002
TITLE RATE/hr.
Senior Principal 150.00
Principal 130.00
Sr. Associate 85.00
Project Manager 80.00
Construction Administrator 80.00
Project Architect/Designer
75.00
Staff Architect II
70.00
Staff Architect I
60.00
ArchiteMural Designer
55.00
Office Manager
60.00
Clerical
45.00
Billing Rates are reviewed by Architect yearly. Rates are subject to adjustment July
1" of each year.
1