HomeMy WebLinkAboutRES 97-136 RESOLUTION NO. q7-1
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with
Steinman & Associates Architects, Inc. for the construction of a new neighborhood fire
station to be located on the west side of South Major Drive north of Washington Boulevard.
The contract is substantially in the form attached hereto as Exhibit "A" .
PASSED BY THE CITY COUNCIL of the City of Beaumont this the/
% day
of 2i , 1997.
- Mayor -
AGREEMENT FOR ARCHITECTURAL SERVICES
This Agreement made as of the day of , 1997 between the City of Beaumont,
Texas, hereinafter referred to as "Owner", and Steinman & Associates Architects, Inc.,
hereinafter referred to as "Architect" for the following Project: Development and construction
of a Neighborhood Fire Station, City of Beaumont, Texas, hereinafter referred to as "Project".
The Owner and Architect agree as set forth below.
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services performed by the
Architect, Architect's employees and Architect's consultants as enumerated
in Articles 2 and 3 of this Agreement and any other services included in
Article 11.
1.1.2 The Architect's services shall be performed as expeditiously as is consistent
with a high degree of professional skill, care, and diligence practiced by
Architects of Jefferson County and the orderly progress of the Work. The
term "high degree of professional skill" shall require more than mere
average professional work, but shall not be construed herein to require
perfection. Upon request of the Owner, the Architect shall submit for the
Owner's approval a schedule for the performance of the Architect's services
which may be adjusted as the Project proceeds, and shall include allow-
ances 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 and approved by the Owner shall not,
except for reasonable cause, be exceeded by the Architect or Owner, and
any adjustments to this schedule shall be mutually acceptable to both
parties.
1.1.3 The services covered by this Agreement are subject to the time limitations
contained in Subparagraph 10.4.1.
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EXHIBIT 664W
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2
through 2.6 and any other services identified in Article 11 as part of Basic
Services, and include without limitation normal structural, mechanical and
electrical engineering services and any other engineering services necessary
to produce a set of Construction Documents, which will be sufficient and
adequate to fulfill the purposes of this project (see 2.3.1), as described by
and required in Paragraph 2.4.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect, in consultation with the Owner, shall develop a written
program for the Project to ascertain Owner's needs and to establish the
requirements for the Project.
2.2.2 The Architect shall provide a preliminary evaluation of the Owner's
program, construction schedule and construction budget requirements, each
in terms of the other, subject to the limitations set forth in Subparagraph
5.2.1.
2.2.3 The Architect shall review with the Owner alternative approaches to design
and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction
budget requirements, the Architect shall prepare, for approval by the
Owner, Schematic Design Documents consisting of drawings and other
documents illustrating the scale and relationship of Project components.
The Schematic Design shall contemplate compliance with applicable laws,
statutes, ordinances, codes and regulations.
2.2.5 The Architect shall submit to the Owner a preliminary detailed estimate of
Construction Cost based on current area, volume or other unit costs and
which indicates the cost of each category of work involved in constructing
the Project and establishes an elapsed time factor for the period of time
from the commencement to the completion of construction.
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2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments
authorized by the Owner in the program, schedule or construction budget,
the Architect shall prepare for approval by the Owner, Design Development
Documents consisting of drawings and other documents to fix and describe
the size and character of the Project as to architectural, structural,
mechanical and electrical systems, materials and such other elements as
may be appropriate, which shall comply with applicable laws, statutes,
ordinances, codes and regulations. Notwithstanding Owner's approval of
the documents, Architect will provide Documents and specifications which
will be sufficient and adequate to fulfill the purposes of the Project.
2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary
estimate of Construction Cost in a further Detailed Statement as described
in Paragraph 2.2.5.
2.3.3 The Architect shall provide the owner with an analysis of the estimated
operating costs of the completed project.
2.3.4 Providing interior design and similar services required for or in connection
with the selection, procurement or installation of furniture, furnishings and
related equipment.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents 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, Construction Documents consisting of Drawings and
Specifications setting forth in detail requirements for the construction of the
Project, which shall comply with applicable laws, statutes, ordinances,
codes and regulations.
2.4.2 The Architect shall, with assistance of the Owner, prepare the necessary
bidding information, bidding forrns, the Conditions of the contract, and the
form of Agreement between the Owner and contractor, and other required
bidding documents necessary to provide the Owner a completed bid
document.
2.4.3 The Architect shall advise the Owner of any adjustments to previous
preliminary estimates of Construction Cost indicated by changes in
requirements or general market conditions.
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2.4.4 The Architect shall assist the Owner in connection with the Owner's
responsibility for filing documents required for the approval of other
governmental authorities having jurisdiction over the Project.
2.5 BIDDING
2.5.1 The Architect, following the Owner's Approval of the Construction
Documents and of the latest preliminary detailed estimate of Construction
Cost, shall assist the Owner in obtaining bids and assist in awarding and
preparing contracts for construction.
2.5.2 If the lowest bid for the construction of the Project exceeds the total
construction cost of the Project as set forth in the approved Detailed
Statement of Probable Construction Costs of the Project submitted by the
Architect, then the Architect, at its sole cost and expense, will revise the
Construction Documents in a continuous fashion so that they are completed
in a timely manner as may be required by the Owner to reduce or modify
the quantity or quality of the work so that the total construction cost of the
Project will not exceed the total construction cost set forth in the approved
Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
2.6.1 The Architect's responsibility to provide Basic Services for the
Construction Phase under this Agreement commences with the award of the
Contract for Construction and terminates at the completion of the one (1)
year warranty period.
2.6.2 The Architect shall provide administration of the Contract for Construction
as set forth below and in the edition of AIA document A201, General
Conditions of the Contract for Construction, current as of the date of this
Agreement, unless otherwise provided in this Agreement or approved by
the City.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of
the Architect shall not be restricted, modified or extended without written
agreement of the Owner and Architect.
2.6.4 The Architect shall be a representative of and shall advise and consult with
the Owner (1) during construction, and (2) at the Owner's direction from
time to time during the correction, or warranty period described in the
Contract for Construction. The Architect shall have authority to act on
behalf of the Owner only to the extent provided in this Agreement unless
otherwise modified by written instrument.
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2.6.5 The Architect shall visit the construction site at least two times a week,
regardless of whether construction is in progress, to become familiar with
the progress and quality of the Work completed and to determine if the
Work is being performed in a manner indicating that the Work, when
completed, will be in accordance with the Contract Documents. Architect
shall provide Owner a written report subsequent to each on-site visit. On
the basis of on-site observations as an architect, the Architect shall keep the
Owner informed of the progress and quality of the Work, and shall exercise
care and diligence in discovering and promptly reporting to the Owner any
defects or deficiencies in the work of Contractor or any subcontractors.
The Architect represents that he will follow high professional standards as
described in 1.1.2 herein in performing all Services under this Agreement.
The Architect shall promptly correct any defective designs or specifications
furnished by the Architect at no cost to the Owner. The Owner's approval,
acceptance, use of or payment for all or any part of the Architect's services
hereunder or of the Project itself shall in no way alter the Architect's
obligations or the Owner's rights hereunder.
2.6.6 The Architect shall not have control over or charge of and shall not be
responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the
Work. The Architect shall not be responsible for the Contractor's
schedules or failure to carry out the Work in accordance with the Contract
Documents. The Architect shall not have control over or charge of acts or
omissions of the Contractor, Subcontractors, or their agents or employees,
or of any other persons performing portions of the Work.
2.6.7 The Architect shall at all times have access to the Work wherever it is in
preparation or progress, but shall have no responsibility for jobsite safety.
2.6.8 Except as may otherwise be provided in the Contract Documents or when
direct communications have been specially authorized, the Owner and
Contractor shall communicate through the Architect. Communications by
and with the Architect's consultants shall be through the Architect.
2.6.9 Based on the Architect's observations at the site of the work and evaluations
of the Contractor's Applications for Payment, the Architect shall review
and certify the amounts due the Contractor.
2.6.10 The Architect's certification for payment shall constitute a representation
to the Owner, based on the Architect's observations at the site as provided
in Subparagraph 2.6.5 and on the data comprising the Contractor's
Application for Payment, that the Work has progressed to the point
indicated and that the quality of the Work is in accordance with the
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Contract Documents. The foregoing representations are subject to minor
deviations from the contract Documents correctable prior to completion and
to specific qualifications expressed by the Architect. The issuance of a
Certificate for Payment shall further constitute a representation that the
Contractor is entitled to payment in the amount certified. However, the
issuance of a Certificate for Payment shall not be a representation that the
Architect has (1) reviewed construction means, methods, techniques,
sequences or procedures, or (2) ascertained how or for what purpose the
Contractor has used money previously paid on account of the Contract
Sum.
2.6.11 The Architect shall have the authority to reject Work which does not
conform to the Contract Documents. Whenever the Architect considers it
necessary or advisable for implementation of the intent of the Contract
Documents, the Architect will have authority to recommend to the Owner
additional inspection or testing of the Work in accordance with the
provisions of the Contract Documents, whether or not such Work is
fabricated, installed or completed. However, neither this authority of the
Architect nor a decision made in good faith either to exercise or not
exercise such authority shall give rise to a duty or responsibility of the
Architect to the Contractor, Subcontractors, material and equipment
suppliers, their agents or employees or other persons performing Portions
of the Work.
2.6.12 The Architect shall review and approve or take other appropriate action
upon Contractor's submittals such as Shop Drawings, Product Data and
Samples for the purpose of (1) determining compliance with applicable
laws, statutes, ordinances and codes; and (2) determining whether or not
the Work will be in compliance with the requirements of the Contract
Documents. The Architect shall act with such reasonable promptness to
cause no delay in the Work or in the construction of the Owner or of sepa-
rate contractors, while allowing sufficient time in the Architect's
professional judgment to permit adequate review. Review of such
submittals is not conducted for the purpose of determining the accuracy and
completeness of other details such as dimensions and quantities or for
substantiating instructions for installation or performance 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 shall not constitute review or approval of safety
precautions, nor of construction means, methods, techniques, sequences or
procedures. The Architect's approval of a specific item shall not indicate
approval of an assembly of which the item is a component. When
professional certification of performance characteristics of materials,
systems or equipment is required by the Contract Documents, the Architect
shall be entitled to rely upon such certification to establish that the
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materials, systems or equipment will meet the performance criteria required
by the Contract Documents.
2.6.13 The Architect shall prepare Change Orders and Construction Change
Directives, with supporting documentation and data if deemed necessary by
the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the
Owner's approval and execution in accordance with the Contract
Documents, and may authorize minor changes in the Work not involving
an adjustment in the Contract Sum or an extension of the Contract Time
which are not inconsistent with the intent of the Contract Documents.
2.6.14 On behalf of the Owner, the Architect shall conduct inspections to
determine the dates of Substantial Completion and Final Completion, and
shall issue Certificates of Substantial and Final Completion. The Architect
will receive and review written guarantees and related documents required
by the Contract for Construction to be assembled by the Contractor and
shall issue a final certificate for Payment upon compliance with the
requirements of the Contract Documents.
2.6.15 The Architect shall interpret and provide recommendations on matters
concerning performance of the Owner and Contractor under the
requirements of the Contract Documents on written request of either the
Owner or Contractor. The Architect's response to such requests shall be
made with reasonable promptness and within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Architect shall be consistent with the
intent of and reasonably inferable from the Contract Documents and shall
be in writing or in the form of drawings. When making such
interpretations and initial decisions, the Architect shall endeavor to secure
faithful performance by both Owner and Contractor, and shall not be liable
for results or interpretations or decisions so rendered in good faith in accor-
dance with all the provisions of this Agreement and in the absence of
negligence.
2.6.17 The Architect shall render written decisions within a reasonable time on all
claims, disputbes or other matters in question between the Owner and
Contractor relating to the execution or progress of the Work as provided in
the Contract Documents.
2.6.18 The Architect (1) shall render services under the Agreement in accordance
with the high professional standards as described in paragraph 1.1.2 herein;
and (2) by acknowledging payment by the Owner of any fees due, shall not
be released from any rights the Owner may have under the Agreement or
diminish any of the Architect's obligations thereunder.
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2.6.19 The Architect shall provide the Owner with one (1) set of reproducible
prints showing all significant changes to the Construction Documents
during the Construction Phase. Drawings shall indicate significant changes
in the Work made during construction based on marked-up prints, drawings
and other data furnished by the Contractor to the Architect.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.l The services described in this Article 3 are not included in Basic Services
unless so identified in Article 11, and they shall be paid for by the Owner
as provided in this Agreement, in addition to the compensation for Basic
Services. The services described under Paragraphs 3.2 and 3.4 shall only
be provided if authorized or confirmed in writing by the Owner. If
services described under Contingent Additional Services in Paragraph 3.3
are required due to circumstances beyond the Architect's control, the
Architect shall notify the Owner prior to commencing such services. If the
Owner deems that such services described under Paragraph 3.3 are not
required, the Owner shall give prompt written notice to the Architect. If
the Owner indicates in writing that all or part of such Contingent Additional
Services are not required, the Architect shall have no obligation to provide
those services. Owner will be responsible for compensating the Architect
for Contingent Additional Services only if they are not required due to the
negligence or fault of Architect.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in
Subparagraph 2.6.5 is required, the Architect shall provide one or more
Project Representatives to assist in carrying out such additional on-site
responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the
Architect, and the Architect shall be compensated therefore as agreed 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 B352 current as of the date of this Agreement, unless
otherwise agreed.
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3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents
when such revisions are:
3.3.1.1 inconsistent with approvals or instructions previously given
by the Owner, including revisions made necessary by
adjustments in the Owner's program or Project budget:
3.3.1.2 required by the enactment or revision of codes, laws or
regulations subsequent to the preparation of such documents,
or
3.3.1.3 due to changes required as a result of the Owner's failure to
render decision in a timely manner.
3.3.2 Providing services required because of significant changes in the Project
including, but not limited to, size, quality, complexity, the Owner's
schedule, or the method of bidding and contracting for construction, except
for services required under Subparagraph 2.5.2.
3.3.3 The Architect shall provide documents for alternate, separate or sequential
bids or providing services in connection with bidding or construction prior
to the completion of the Construction Documents Phase.
3.3.4 Providing consultation concerning replacement of Work damaged by fire
or other cause during construction, and furnishing services required in
connection with the replacement of such Work.
3.3.5 Providing services made necessary by the default of the Contractor, or by
failure of performance of either the Owner or Contractor under the
Contract for Construction.
3.3.6 Providing services in connection with a public hearing, arbitration
proceeding or legal proceeding except where the Architect is party thereto.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies of
prospective sites.
3.4.3 Providing special surveys, environmental studies and submissions required
for approvals of governmental authorities or others having jurisdiction over
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the Project.
3.4.4 Providing services relative to future facilities, systems and equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make
measured drawings thereof.
3.4.6 Providing services to verify the accuracy of drawings or other information
furnished by the Owner.
3.4.7 Providing coordination of construction performed by separate contractors
or by the Owner's own forces and coordination of services required in
connection with construction performed and equipment supplied by the
Owner.
3.4.8 Providing services in connection with the work of a construction manager
or separate consultants retained by the Owner.
3.4.9 Providing detailed quantity surveys or inventories of material, equipment
and labor.
3.4.10 Making investigations, inventories of materials or equipment, or valuations
and detailed appraisals of existing facilities.
3.4.11 Providing assistance in the utilization of equipment or systems such as
testing, adjusting and balancing, preparation of operation and maintenance
manuals, training personnel for operation and maintenance and consultation
during operation.
3.4.12 Providing services other than as provided in Section 2.6.4, after issuance
to the Owner of the final Certificate for Payment and expiration of the
Warranty period of the Contract for Construction.
3.4.13 Providing services of consultants for other than architectural, structural,
mechanical and electrical engineering portions of the Project provided as
a part of Basic Services.
3.4.14 Providing any other services not otherwise included in this Agreement or
not customarily furnished in accordance with generally accepted
architectural practice.
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ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Architect regarding requirements for the Project,
including (1) the Owner's objectives, (2) schedule and design constraints and
criteria, including space requirements and relationships, flexibility, expandability,
special equipment, systems and site requirements, as more specifically described
in Paragraph 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project, including
the Construction Cost, the Owner's other costs and contingencies related to all of
these costs.
4.3 The Owner Shall designate a representative authorized 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 pertaining to documents submitted by the
Architect in order to avoid unreasonable delay in the orderly and sequential
progress of the Architect's services.
4.4 The Owner shall furnish surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a written legal
description of the site. The surveys and legal information shall include, as
applicable, grades and lines of streets, alleys, pavements and adjoining property;
adjacent drainage; rights-of-way, flood plains restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and necessary data pertaining to existing buildings, other
improvements; and information concerning available public utility services and
lines, both public and private, above and below grade, including inverts and
depths.
4.5 The Owner shall furnish the services of geotechnical engineers when such services
are requested by the Architect and agreed to by the Owner. Such services may
include but are not limited to test borings, test pits, determinations of soil bearing
values, percolation tests, evaluations of hazardous materials and hazardous
materials storage, ground corrosion and resistivity tests, including necessary
operations for anticipating sub-soil conditions, with reports and appropriate
professional recommendations.
4.6 The Owner shall furnish structural, mechanical, chemical, air and water pollution
tests, tests of hazardous materials, and other laboratory and environmental tests,
inspections and reports required by law or the Contract Documents.
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4.7 The Owner shall furnish all legal, accounting and insurance counseling services as
may be necessary at any time for the Project, including auditing services the Owner
may require to verify the Contractor's Applications for Payment or to ascertain
how or for what purposes the Contractor has used the money paid by or on behalf
of the Owner.
4.8 The services, information, surveys and reports required by Paragraphs 4.5 through
4.7 shall be furnished at the Owner's expense, and the Architect shall be entitled
to rely upon the accuracy and completeness thereof in the absence of any
negligence on the part of the Architect.
4.9 The Owner shall give prompt written notice to the Architect if the Owner becomes
aware of any fault or defect in the Project or nonconformance with the Contract
Documents.
4.10 Architect shall propose language for certificates or certifications to be requested of
the Architect or Architect's consultants and shall submit such to the Owner for
review and approval at least fourteen (14) days prior to execution. The Owner
agrees not to request certifications that would require knowledge or services
beyond the scope of this Agreement.
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner
of all elements of the Project designed or specified by the Architect.
5.1.2 The Construction Cost shall include the cost at current market rates of labor
and materials furnished by the Owner and equipment designed, specified,
selected or specially provided for by the Architect, plus a reasonable
allowance for the Contractor's overhead and profit. In addition, a
reasonable allowance for contingencies shall be included for market
conditions at the time of bidding and 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 land, rights-of-way, financing or
other costs which are the responsibility of the Owner as provided in Article
4.
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5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of
Construction Cost and detailed estimates of Construction Cost prepared by
the Architect represent the Architect's best judgment as a design
professional familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Owner has control over the cost
of labor, materials or equipment, over the Contractor's methods of
determining bid prices, or over competitive bidding or market conditions.
Accordingly, the Architect cannot and does not warrant or represent that
bids will not vary from the Owner's Project budget or from any estimate
of Construction Cost or evaluation prepared or agreed to by the Architect.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of
this Agreement by the furnishing, proposal or establishment of a Project
budget, unless such fixed limit has been agreed upon in writing and signed
by the parties thereto. If such a fixed limit has been established, the
Architect shall be permitted to include contingencies for design, bidding
and price escalation, to determine what materials, equipment, component
systems and types of construction are to be included in the Contract
Documents, to make reasonable adjustments in the scope of the Project and
to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Fixed limits, if any, shall be
increased in the amount of an increase in the Contract Sum occurring after
execution of the Contract for Construction.
5.2.3 If the Bidding Phase has not commenced within 90 days after the Architect
submits the Construction Documents to the Owner, any Project budget or
fixed limit of Construction Cost shall be adjusted to reflect changes in the
general level of prices in the construction industry between the date of
submission of the Construction Documents to the Owner and the date on
which proposals are sought.
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Architect for
this Project are instruments of the Architect's service for use solely with respect
to this Project and, unless otherwise provided, the Architect shall be deemed the
author of these documents and shall retain all common law, statutory and other
reserved rights, including the copyright. The Owner shall be permitted to retain
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copies, including reproducible copies, of the Architect's Drawings, Specifications
and other documents for information and reference in connection with the Owner's
use and occupancy of the Project. The Architect's Drawings, Specifications or
other documents shall not be used by the Owner or others on other projects for
additions to this Project or for completion of this Project by others, unless this
Agreement is terminated because Architect is in default of this Agreement, at
which time the documents become the property of the City of Beaumont.
6.2 Submission or distribution of documents to meet official regulatory requirements
or for similar purposes in connection with the Project is not to be construed as
publication in derogation of the Architect's reserved rights.
ARTICLE 7
TERMINATION, SUSPENSION OR ABANDONMENT
7.1 Architect may terminate this Agreement upon not less than thirty days written
notice should the Owner fail substantially to perform in accordance with the terms
of this Agreement through no fault of the Architect. Owner may terminate this
Agreement or any phase thereof upon thirty (30) days prior written notice to the
Architect with the understanding that immediately upon receipt of such notice, all
work and labor being performed under the Agreement shall cease immediately.
Before the end of the thirty (30) day period, Architect shall invoice the Owner for
all work it performed prior to the receipt of such notice. No amount shall be due
for lost or anticipated profits. All plans, field surveys, and other data related to
the Project shall become property of the Owner upon termination of the Agreement
and paragraph 6.1 shall not apply and they shall be promptly delivered to the
Owner in a reasonably organized form. Should Owner subsequently contract with
a new architect for continuation of services on the Project, Architect shall
cooperate in providing information.
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the
Architect shall be compensated for services performed prior to notice of such
suspension. When the Project is resumed, the Architect's compensation shall be
equitably adjusted to provide for expenses incurred in the interruption and
resumption of the Architect's services.
7.3 This Agreement may be terminated by the Owner upon not less than seven days
written notice to the Architect in the event that the Project is permanently
abandoned. If the Project is abandoned by the Owner for more than 90 consecutive
days, the Architect or the Owner may terminate this Agreement by giving written
notice.
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7.4 Failure of the Owner to make payments to the Architect in accordance with this
Agreement shall be considered substantial nonperformance and cause for
termination.
7.5 If the Owner fails to make payment to Architect within thirty (30) days of receipt
of a statement for services properly performed, the Architect may, upon seven days
written notice to the Owner, suspend performance of services under this
Agreement. Unless Architect receives payment in full within seven (7) days of the
date of the notice, the suspension shall take effect without further notice. In the
event of a suspension of services under this section, the Architect shall have no
liability to the Owner for delay or damage caused the Owner because of such
suspension of services.
7.6 In the event of termination not the fault of the Architect, the Architect shall be
compensated for services properly performed prior to termination.
ARTICLE 8
MISCELLANEOUS PROVISIONS
8.1 This Agreement shall be governed by the laws of the State of Texas.
8.2 Terms in this Agreement shall have the same meaning as those in AIA Document
A201, General Conditions of the Contract for Construction, current as of the date
of this Agreement.
8.3 The Owner and Architect, respectively, bind themselves, their partners, successors,
assigns and legal representatives to the other party to this Agreement and to the
partners, successors, assigns and legal representatives of such other party with
respect to all covenants of this Agreement. Neither Owner nor Architect shall
assign this Agreement without the written consent of the other.
8.4 This Agreement represents the entire and integrated agreement between the Owner
and Architect and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be amended only by written instrument
signed by both Owner and Architect.
8.5 Nothing contained in this Agreement shall create a contractual relationship with or
a cause of action in favor of a third party against either the Owner or Architect.
8.6 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 exposure of persons to hazardous materials in any form
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at the Project site, including but not limited to asbestos, asbestos products, poly-
chlorinated biphenyl (PCB) or other toxic substances, provided, however, Architect
shall have the responsibility to and shall report to the Owner the location of any
hazardous material that an architect of skill and expertise should have noticed.
8.7 Upon receipt of prior written approval of Owner, the Architect shall have the right
to include representations of the design of the Project, including photographs of the
exterior and interior, among the Architect's promotional and professional
materials. The Architect's materials shall not include the Owner's confidential or
proprietary information if the Owner has previously advised the Architect in
writing of the specific information considered by the Owner to be confidential or
proprietary. The Owner shall provide professional credit for the Architect on the
construction sign and in the promotional materials for the Project.
ARTICLE 9
PAYMENTS TO THE ARCHITECT
9.1 DIRECT PERSONNEL EXPENSE
9.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's
personnel engaged on the Project and the portion of the cost of their
mandatory and customary contributions and benefits related thereto, such
as employment taxes and other statutory employee benefits, insurance, sick
leave, holidays, vacations, pensions and similar contributions and benefits.
9.2 REIMBURSABLE EXPENSES
9.2.1 Reimbursable Expenses are in addition to compensation for Basic and
Additional Services and include expenses incurred by the Architect and
Architect's employees and consultants in the interest of the Project, as
identified in the following clauses.
9.2.1.1 Expenses in connection with authorized out-of-town travel;
long-distance communications; and fees paid for securing
approval of authorities having jurisdiction over the Project.
9.2.1.2 Expense of reproductions (except the reproduction of the
sets of documents referenced in Subparagraph 2.6.19),
postage and handling of Drawings, Specifications and other
documents.
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9.2.1.3 If authorized in advance by the Owner, expense of overtime
work requiring higher than regular rates.
9.2.1.4 Expense of renderings, models and mock-ups requested by
the Owner.
9.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
9.3.1 Payments for Basic Services shall be made monthly and, where applicable,
shall be in proportion to services performed within each phase of service,
on the basis set forth in Subparagraph 10.2.2.
9.3.2 When compensation is based on a percentage of Construction Cost and any
portions of the Project are deleted or otherwise not constructed,
compensation for those portions of the Project shall be payable to the extent
services are performed on those portions, in accordance with the schedule
set forth in Subparagraph 10.2.2 based on (1) the lowest bona fide bid or
(2) if no such bid or proposal is received, the most recent preliminary
estimate of Construction Cost or detailed estimate of Construction Cost for
such portions of the Project.
9.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
9.4.1 Payments on account of the Architect's Additional Services and for
Reimbursable Expenses shall be made monthly upon presentation of the
Architect's statement of services rendered or expenses incurred. Such
charges shall be included as a separate item on the Architect's statement for
Basic Services.
9.5 PAYMENTS WITHHELD
9.5.1 No deductions shall be made from the Architect's compensation on account
of penalty, liquidated damages or other sums withheld from payments to
contractors, or on account of the cost of changes in the Work other than
those for which the Architect is responsible.
9.6 ARCHITECT'S ACCOUNTING RECORDS
9.6.1 Architect shall make available to Owner or Owner's authorized
representative records of Reimbursable Expenses and expenses pertaining
to Additional Services and services performed on the basis of a multiple of
Direct Personnel Expense for inspection and copying during regular
business hours for three years after the date of the final Certificate of
Payment, or until any litigation related to the Project is final, whichever
date is later.
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ARTICLE 10
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
10.1 BASIC COMPENSATION
10.1.1 FOR BASIC SERVICES, as described in Article 2, and any other services
included in Article 11 as part of Basic Services, Basic Compensation shall
be as follows:
Eight Percent (8%) of the contruction cost which is estimated at
$400,000.
10.1.2 Progress payments for Basic Services in each phase shall total the
following percentages of the total Basic Compensation payable:
• Schematic Design Phase 15%
• Design and Development Phase 20%
• Construction Documents Phase 30%
• Bidding Phase 10%
• Construction Phase 25ya
• Total Basic Compensation 100%
10.2 COMPENSATION FOR ADDITIONAL SERVICES
10.2.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as
described in Paragraph 3.2, compensation shall be computed as follows:
Hourly Rate Schedule
Personnel Hourly Rate
Principal 100.00
Associate Architect 75.00
Project Architect 50.00
Draftsman 40.00
Draftsman 1 30.00
Secretarial 24.00
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10.2.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in
Articles 3 and 11, other than (1) Additional Project Representation, as
described in Paragraph 3.2, and (2) services included in Article 11 as part
of Additional Services, but excluding services of consultants, compensation
shall be computed as follows:
Hourly Rate Schedule
Personn Hourly Rate
Principal 100.00
Associate Architect 75.00
Project Architect 50.00
Draftsman 40.00
Draftsman 1 30.00
Secretarial 24.00
10.2.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional
structural, mechanical, electrical, and civil engineering and landscape design ser-
vices and those provided under Subparagraph 3.4.14 or identified in Article 11 as
part of Additional Services, a multiple of 1.25 times the amounts billed to the
Architect for such services.
10.3 REIMBURSABLE EXPENSES
10.3.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 9.2, and
any other items included in Article 11 as Reimbursable Expenses, a
multiple of 1.25 times the expenses incurred by the Architect, the
Architect's employees and consultants in the interest of the Project.
10.4 ADDITIONAL PROVISIONS
10.4.1 Payments are due and payable thirty (30) days from the date of receipt of
the Architect's invoice. Amounts for services properly performed which
remain unpaid sixty (60) days after the invoice date shall bear interest at the
rate of one (1%) percent per month.
ARTICLE 11
OTHER CONDITIONS OR SERVICES
11.1 Architect shall maintain, at no expense to Owner, a professional liability (errors
and omissions) insurance policy placed with a company rated at least B+/X by
Best's Key Rating Guide, authorized to do business in Texas, in an amount not less
than one million dollars ($1,000,000). Such policy shall require the giving of
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written notice to Owner at least thirty days prior to cancellation or non-renewal of
any policies . In addition, Architect shall furnish Owner with copies of said
policies or certificates as indicated in Attachment "B" .
11.2 Architect agrees to indemnify, hold harmless, and defend the City, at Architect's
cost, its officers, agents, and employees from and against any and all claims or
suits for injuries, damages, loss, or liability of whatever kind or character, arising
out of or in connection with the performance by the Architect of those services
contemplated by this Agreement, based upon allegations of negligent acts of
Architect, its officers, agents, employees, and expressly including allegations of
negligence, acts or omissions of the City of Beaumont, its agents, officers or
employees, when such allegations of negligence to the City arise from the actions
and professional work undertaken by Architect hereunder.
This Agreement entered into as of the day and year first written above.
CITY OF BEAUMONT, TEXAS STEINMAN&ASSOCIATES ARCHITECTS, INC.
BY: BY:
RAY A. RILEY, CITY MANAGER DOHN H. LABICHE, AIA
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