R-98-06-11-13D1 - 6/11/1998WHEREAS, the City of Round Rock has previously entered into a
contract ( "Contract ") with Spencer Godfrey Architects for
architectural services for the design of the Clay Madsen Recreation
Center, and
WHEREAS, it has been determined that it is necessary to change
said Contract in accordance with the attached Agreement Modifying
Written Contract, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Agreement Modifying Written Contract with
Spencer Godfrey Architects for architectural services for the design
of the Clay Madsen Recreation Center, a copy of said agreement being
attached hereto and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended, and the Act.
RESOLVED this 11th day of June,
CHARLES CULPEPPER, Mayor
EST: City of Round Rock, Texas
LAND, City Secretary
s. \W030\R2S...ri sec6iini.mvn /eeg
RESOLUTION NO. R- 98- 06- 11 -13D1
AGREEMENT MODIFYING WRITTEN CONTRACT
THIS AGREEMENT is made on the I day of the month of "YU/
1998, by and between the CITY OF ROUND ROCK, Texas ( hereinafter refeffed to as "Owner "),
of 312 East Main Street, Round Rock, Texas 78664, and SPENCER GODFREY ARCHITECTS
(hereinafter referred to as "Architect "), of 1106 South Mays, Suite 120, Round Rock, Texas
78664.
On September 10, 1997, the parties to this modification agreement entered into a contract
for Architect to provide certain basic architectural services and non -basic architectural
services /civil engineering to Owner related to the design of a new multi - purpose, multi -use
freestanding community recreation center to be constructed in the northwest corner of Old Settlers
Park at Palm Valley on a plot of land near CR 113 in Round Rock, Williamson County, Texas.
A copy of such contract is attached hereto, marked Exhibit "A ", and is made a part of this
agreement insofar as it is not inconsistent with the terms of this agreement.
The parties to this modification agreement desire to and do hereby modify the attached
Exhibit "A" in the following respects:
(1) The first full paragraph on Page 1 (hereafter quoted) is DELETED:
"A new multi- purpose, multi -use free standing community recreation center. Construction
to be of steel frame, masonry veneer, slab on grade (as allowed by soil geology) with a
sloped standing seam metal roof. Anticipated budget is approximately 2.2 million dollars.
The approximate size of the proposed construction is 25,0000 square feet based upon
current average construction costs for similar facilities. The actual project budget will be
determined at the conclusion of schematic design. The project is to be built in the
northwest corner of Old Settlers Park at Palm Valley on a plot of land near CR113."
(2) In place of the above- referenced deleted paragraph, the following is SUBSTITUTED:
"A new multi- purpose, multi-use free standing community recreation center. Construction
to be of steel frame, masonry veneer, slab on grade (as allowed by soil geology) with a
sloped standing seam metal roof. Anticipated budget is approximately 4.8 million dollars.
The approximate size of the proposed construction is 1 -}(, 1 000 square feet based upon
Cs WESM833031711.WPD/J103
As hereinbefore stated, this modifying agreement is supplemental to the previous contract
between the parties dated September 10, 1997 and attached hereto as Exhibit "A" and
incorporated herein by reference for all appropriate purposes not in conflict with this modifying
agreement. It is expressly agreed by and between the parties that all terms, conditions, and
provisions of that contract attached as Exhibit "A" (unless specifically modified in this
agreement) are to apply to this agreement.
It is further expressly agreed by and between the parties that there shall be no
modification of this agreement unless it be in writing and executed with the same formalities as
this instrument.
It is further expressly agreed by and between the parties that this modifying agreement,
except as to the particular provision modified hereby, shall in no way act as a waiver of any of
the conditions and obligations imposed on the parties by the previous contract attached as Exhibit
"A ", and that any rights which either of the parties may have by virtue of such previous contract
are to be considered as of full force and effect.
L .
EXECUTED on this the � J day of the month of - _,f_l. Ylsv , 1998.
current average construction costs for similar facilities. The actual project budget will be
determined at the conclusion of schematic design. The project is to be built in the
northwest corner of Old Settlers Park at Palm Valley on a plot of land near CR 113."
Charles Culpepper, Mayor
(Printed name and title)
ARCIjITECT
(Sigrid
Bayard "Bo" M. Spencer III/ General Partner
(Printed name and title)
T H E A M E R I C A N
AGREEMENT
made as of the Tenth
Nineteen Hundred and
BETWEEN the Owner:
(.dune and address)
Ninety Seven
I N S T I T U T E
AIA Document B141
Standard Form of Agreement Between
Owner and Architect
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN A TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR .YIODIFICATION.
The City of Round Rock
312 E. Main Street
Round Rock, Texas 78664
and the Architect: spencer Godfrey Architects
(Anne and eukfress) 1106 South Mays, Suite 120
Round Rock, Texas 78664
The Owner and Architect agree as set forth below.
day of September
O F A R C H I T E C T S
EXHIBIT "A"
in the year of
For the following Project:
(Include detailed description of Prcyect, location, address and scope.)
A new multi - purpose, multi -use free standing community recreation center.
Construction to be of steel frame, masonry veneer, slab on grade (as allowed by
soil geology) with a sloped standing seam metal roof. Anticipated budget is
approximately 2.2 million dollars. The approximate size of the proposed construction
is 25,0000 square feet based upon current average construction costs for similar
facilities. The actual project budget will be determined at the conclusion of
schematic design. The project is to be built in the northwest corner of Old
Settlers Park at Palm Valley on a plot of land near CR113.
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967 1970, 1974, 1977, 01987 by The American Institute
of Architects, 1735 New York Avenue, N.W., Washington, D.C. 2000. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be
subject to legal prosecution.
AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH E DON • A1A• • 01987
THE AMEtCAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.B. eopyrlgM Is and Is subled to legal proseeuEUn.
B141-1987
EDITOR'S NOTE
From time to time, the AIA makes minor corrections and
clarifications in its documents as they are reprinted.
Changes in the 7/88 reprinting of the 1987 edition of B141
were made in Subparagraphs 2.6.1 and 11.3.2. Changes in
this 6/92 reprinting were made in Subparagraph 2.6.10
and Paragraph 4.5. See Section C of the Instruction Sheet
for a detailed description of these changes.
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECTS SERVICES
1.1.1 The Architect's services consist of those services per-
formed by the Architect. Architect's employers and Architect's
consultants as enumerated in Articles 2 and 3 of this Agreement
and any other services included in Article 12.
1.1.2 The Architect's services shall be performed as expedi-
tiously as is consistent with professional skill and care and the
orderly progress of the Work. Upon request of the Owner, the
Architect shall submit for the Owner's approval a schedule for
the performance of the Architects services which may be
adjusted as the Project proceeds, and shall include allowances
for periods of time required for the Owner's review and for
approval of submissions by authorities having jurisdiction over
the Project. Time limits established by this schedule approved
by the Owner shall not, except for reasonable cause, be exceeded
by the Architect or Owner.
1.1.3 The services covered by this Agreement are subject to
the time limitations contained in Subparagraph 11.5.1.
ARTICLE 2
SCOPE OF ARCHITECTS BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those described
in Paragraphs 2.2 through 2.6 and any other services identified
in .article 12 as part of Basic Servic and include normal struc-
tural, mechanical and electrical engineering services.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished by the
Owner to ascertain the requirements of the Project and shall
arrive at a mutual understanding of such requirements with the
Owner.
2.2.2 The Architect shall provide a preliminary evaluation of
the Owner's program, schedule and construction budget
requirements, each In terms of the other, subject to the limita-
tions set forth in Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner alternative
approaches to design and 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 Docu-
ments consisting of drawings and other documents Illustrating
the scale and relationship of Project components.
2.2.5 The Architect shall submit to the Owner a preliminary
estimate of Construction Cost based on current area, volume or
other unit costs.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents
and any adjustments authorized by the Owner In the program,
AIA DOCUMENT BM • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA. • 01987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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, struc-
tural, mechanical and electrical systems, materials and such
other elements as may he appropriate
2.3.2 The Architect shall advise the Owner of any adjustments
to the preliminary estimate of Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Docu-
ments and any further adjustments in the scope or quality of
the Project or in the construction budget authorized by the
Owner, the Architect shall prepare, for approval by the Owner,
Construction Documents consisting of Drawings and Specifica-
tions setting forth in detail the requirements for the construc-
tion of the Project.
2.4.2 The Architect shall assist the Owner in the preparation of
the necessary bidding Information, kidding forms. the Condi-
tions of the Contract. and the form of Agreement between the
Owner and Contractor.
2.4.3 The Architect shall advise the Owner of any adjustments
to previous preliminary estimates of Constriction Cost indi-
cated by changes in requirements or general market conditions.
2.4.4 The Architect shall assist the Owner in connection with .
the Owner's responsibility for filing documents required for
the approval of governmental authorities having jurisdiction
over the Project.
b
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of the 5
Construction Documents and of the latest preliminary estimate
of Construction Cost. shall assist the Owner in obtaining bids
or negotiated proposals and assist in awarding and preparing g
contracts for construction. art v'1
P
2.8 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 termi-
nates at the earlier of the issuance to the Owner of the final
Certificate for Payment or 60 days 'after the date of Substan-
tia Co letlon oof prov
the Work, =less ext d d g�
2.82 Trekked shai an o�iFe Coo-
tract 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 thls Agreement.
2.8.3 Duties, responsibilities and limitations of authority of the
Architect shall not be restricted, modified or extended without
written agreement of the Owner and Architect with consent of
the Contactor, which consent shall not be unreasonably
withheld.
WARNING : Unlicensed phctOrnsylag violates U.S. copyright laws and Is subject to legal pmeamutkeu•
2.6.4 The Architect shall be a representative of and shall advise
and consult with the Owner (1) during construction until final
payment to the Contractor is due, and (2) as an Additional Ser-
vice at the Owner's direction from time to time during the cot
rection 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.
2.6.5 The Architect shall visit the site at intervals appropriate
to the stage of construction or as otherwise agreed by the
Owner and Architect in writing to become generally familiar
with the progress and quality of the Work completed and to
determine in general if the Work Is being performed in a man-
ner indicating that the Work when completed will be In accor-
dance with the Contract Documents. However, the Architect
shall not be required to make exhaustive or continuous on -site
inspections to check the quality or quantity of the Work. On
the basis of on -sire observations as an architect, the Architect
shall keep the Owner informed of the progress and quality of
the Work, and shall endeavor to guard the Owner against
defects and deficiencies in the Work. (More extensive site
representation may be agreed to as an Additional Service, as
described in Paragraph 3.2.) The Architect's
visits to the site will occur weekly.
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. since these are
solely the Contractors responsibility under the Contract for
Construction. The Architect shall not be responsible for the
Contractor's schedules or failure to carry out the Work in accor-
dance with the Contract Documents. The Architect shall not
have control over or charge of acts or omissions of the Contrac-
tor, Subcontractors. or their agents or employees, or of any
other persons performing portions of the Work.
2.8.7 The Architect shall at all times have access to the Work
wherever it is in preparation or progress.
2.8.8 Except as may otherwise be provided in the Contract
Documents or when direct communications have been spe-
cially authorized. the Owner and Contractor shall communicate
through the Architect. Communications by and with the Archi-
tect's consultants shall be through the Architect.
2.6.9 Based on the Architect's observations and evaluations of
the Contractor's Applications for Payment, the Architect shall
review and certify the amounts clue the Contractor.
2.6.10 The Architects certification for payment shall consti-
tute a representation to the Owner, based on the Architect's
observations at the site as provided In Subparagraph 2.6.5 and
on the data comprising the Contractor's Application for Pay-
ment, that, to the best of the Architect's knowledge, informa-
tion and belief, the Work has progressed to the point Indicated
Laud the quality of Work is In accordance with the Contract
Documents. The foregoing representations are subject to an
evaluation of the Work for conformance with the Contract
Documents upon Substantial Completion, to results of subse-
quent tests inspections, to minor deviations from the Con-
tract Documents correctable prior to completion and to spe-
cific quallficatlons expressed by the Architect. The Issuance of a
Certlflcaie for Payment shall further constitute a representation
that the Contractor Is- entitled to payment in the amount certi-
fied However, the issuance of a Certificate for Payment shag
not be a representation that the Architect has (I) made exhaus-
tive or continuous on -site Inspections to check the quality or
3 B141 -1987
quantity of the Work, (2) reviewed construction means, meth-
ods, techniques, sequences or procedures, (3) reviewed copies
of requisitions received from Subcontractors and material sup-
pliers and other data requested by the Owner to substantiate
the Contractor's right to payment or (4) ascertained how or for
what purpose the Contractor has used money previously paid
on account of the Contract Sum.
2.8.11 The Architect shall have authority to reject Work which
does not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable for implementa-
tion of the intent of the Contract Documents, the Architect will
have authority to require additional inspection or testing of the
Work in accordance with the provisions of the Contract Docu-
ments, 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 to exer-
cise 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 per-
sons performing portions of the Work.
2.6.12 The Architect shall review and approve or take other
appropriate action upon Contractor's submittals such as Shop
Drawings, Product Data and Samples, but only for the limited
purpose of checking for conformance with Information given
and the design concept expressed in the Contract Documents.
The Architect's action shall be taken with such reasonable
promptness as to cause no delay in the Work or in the con-
struction of the Owner or of separate contractors, while allow-
ing sufficient time in the Architect's professional judgment to
permit adequate review. Review of such submittals Is not con-
ducted for the purpose of determining the accuracy and com-
pleteness 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 approval of safety precautions or, unless
otherwise specifically stated by the Architect, 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 materials, systems or equip-
ment will meet the performance criteria required by the Con.
tract Documents.
2.6.13 The Architect shall prepare Change Orders and Con-
struction Change Dhectives, 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 to the Contract Sum or an extension of the Contract
Time which are not inconsistent with the Intent of the Contract
Documents.
2.6.14 The Architect shall conduct inspections to determine
the date or dates of Substantial Completion and the date of final
completion, shall receive and forward to the Owner for the
Owner's review and records written warranties and related
documents required by the Contract Documents and assem-
bled by the Contractor, and shall Issue a final Certificate for Pay-
ment upon compliance with the requirements of the Contract
Documents.
AIA DOCUMENT 6141 • OWNER- ARCHITECT AGREEMENT • FOURTEENTH E MT!ON • AIA. • ®1997
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
WARNINGS Unlicensed photocopying violates U.B. copyright loos HIM is subieat to legal pnnsemutlon.
2.6.15 The Architect shall interpret and decide matters con-
cerning performance of the Owner and Contractor under the
requirements of the Contract Documents on written request of
either the Owner or Contractor. The Architect's response to
such requests shall be made with reasonable promptness and
within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Architect shall he
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 deci-
sions, the Architect shall endeavor to secure faithful perfor-
. mance by both Owner and Contractor, shall not show partiality
to either, and shall not be liable for results of interpretations or
decisions so rendered in good faith.
2.6.17 The Architects decisions on matters relating to aesthe-
tic effect shall be final if consistent with the intent expressed in
the Contract Documents.
2.8.18 The Architect shall render written decisions within a
reasonable time on all claims, disputes or other matters in ques-
tion between the Owner and Contractor relating to the execu-
tion or progress of the Work as provided in the Contract
Documents.
2.6.19 The Architect's decisions on claims. disputes or other
matters. including those in question between the Owner and
Contractor. except for those relating to aesthetic effect as pro-
vided in Subparagraph 2.6.I - . shall be subject to arbitration as
provided in this Agreement and in the Contract Documents.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described In this Article 3 are not included
in Basic Services unless so identified in Article 12. and they shall
be paid for by the Owner as provided in this Agreement, in
addition to the compensation for Basic Services, 'foe services
described under Paragraphs 3.2 and 3.4 shall only be provided
if authorized or confimted 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 corn -
mencing such services. If thc Owner deems that such services
described under Paragraph 3.3 are not required, the Owner
shall give prompt written notice to the Architect. If the Owner
indicates in writing that all or part of such Contingent Addi-
tional Services are not required, the Architect shall have no obli-
gation to provide those services.
3.2 PROJECT REPRESENTATION BEYOND BASIC
SERVICES
3.2.1 If more extensive representation at the site than Is
described In Subparagraph 2.6.5 is required, the Architect shall
provide one or more Project Representatives to assist In carry-
ing out such additional on -she responsibilities.
3.2.2 Project Representatives shall be selected, employed and
directed by the Architect, and the Architect shall be compen-
sated therefor as agreed by the Owner and Architect. The
duties, toponsibWtles and limitations of authority of Project
Representatives shall be as described in the edition of AIA
Doctmnent 8352 current as of the date of this Agreement, unless
otherwise agreed.
3.2.3 Through the observations by such Project Represen-
tatives, the Architect shall endeavor to provide further protec-
tion for the Owner against defects and deficiencies in the Work,
but the furnishing of such project representation shall not
modify the rights, responsibilities or obligations of the Architect
as described elsewhere in this Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings, Specifications or other
documents when such revisions are
.1 inconsistent with approvals or instructions previously
given by the Owner, Including revisions made neces-
sary by adjustments In the Owner's program or Proj-
ect budget
.2 required by the enactment or revision of codes, laws
or regulations subsequent to the preparation of such
documents; or
.3 due to changes required as a result of thc Owner's fall -
ure to render decisions In a timely manner.
3.3.2 Providing services required because of significant
changes in the Project Including, but not limited to, size, qual-
ity. complexity. the Owner's schedule. or the method of bid -
ding or negotiating and contracting for construction, except for
services required under Subparagraph 52.5.
3.3.3 Preparing Drawings. Specifications and other documen-
tation and supporting data. evaluating Contractor's proposals,
and providing other services In connection with Change
Orders and Construction Change Directives.
3.3.4 Providing services in connection with evaluating substi-
tutions proposed by the Contractor and making subsequent
revisions to Drawings. Specifications and other documentation
resulting therefrom.
3.3.5 Providing consultation concerning replacement of Work
damaged by fire or other cause during construction. and fur
nishing services required in connection with the replacement
of such Work.
3.3.6 Providing services made necessary by the default of the
Contractor, by major defects or deficiencies in the Work of the
Contractor. or by failure of performance of either the Owner or
Contractor under the Contract for Construction.
3.3.7 Providing services in evaluating an extensive number of
claims submitted by the Contractor or others in connection
with the Work.
3.3.8 Providing services in connection with a public hearing,
arbitration proceeding or legal proceeding except where the
Architect is party thereto.
3.3.9 Preparing documents for alternate, separate or sequential
bids or providing services in connection with bidding, negotia-
tion or construction prior to the completion of the Construc-
tion Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owners needs and program-
ming the requirements of the Protect.
3.4.2 Providing financial feasibility or other special studies.
3.4.3 Providing planning surveys, site evaluations or com-
parative studies of prospective sites.
AIA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT • FOUITER1TH EDITION • AIA. • 101981
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
WARNING: Unlicensed pitotocopfing violates U.B. copyright lam and le wtgmt to legal prosecution.
3.4.4 Providing special surveys, environmental studies and
submissions required for approvals of governmental authorities
or others having jurisdiction over the Project.
3.4.6 Providing services relative to future facilities, systems
and equipment.
3.4.8 Providing services to investigate existing conditions or
facilities or to make measured drawings thereof.
3.4.7 Providing services to verify the accuracy of drawings or
other information furnished by the Owner.
3.4.8 Providing coordination of construction performed by
separate contractors or by the Owner's own forces and coordi-
nation of services required in connection with construction
performed and equipment supplied by the Owner.
3.4.9 Providing services in connection with the work of a con-
struction manager or separate consultants retained by the
Owner.
3.4.10 Providing detailed estimates of Construction Cost.
3.4.11 Providing detailed quantity surveys or inventories of
material, equipment and labor.
3.4.12 Providing analyses of owning and operating costs.
3.4.13 Providing interior design and other similar services
required for or in connection with the selection, procurement
or Installation of furniture, furnishings and related equipment.
3.4.14 Providing services for planning tenant or rental spaces.
3.4.15 Making investigations, inventories of materials or equip-
ment, or valuations and detailed appraisals of existing facilities.
3.4.18 Preparing a set of reproducible record drawings show-
ing significant changes in the Work made during construction
based on marked -up prints, drawings and other data furnished
by the Contractor to the Architect.
3.4.17 Providing assistance in the utilization of equipment or
systems such as testing, adjusting and balancing, preparation of
operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
3.4.18 Providing services after issuance to the Owner of the
final Certificate for Payment, or in the absence of a final Cer-
tificate for Payment, more than 60 days after the date of Sub-
stantial Completion of the Work.
3.4.19 Providing services of consultants for other than archi-
tectural, structural, mechanical and electrical engineering por-
tions of the Project provided as a part of Basic Services.
3.4.20 Providing any other services not otherwise included In
this Agreement or not customarily furnished in accordance
with generally accepted architectural practice.
* ARTICLE 4
OWNER'S RESPONSIBILITIES
* Refer Article 12
4.1 The Owner shall provide full Information regarding
requirements for the Project, Including a program which shall
set forth the Owner's objectives, schedule, constraints and cri-
teria, including space requirements and relationships, flexi-
bility, expandability, special equipment, systems and site
requirements.
5 8141 - 1987
4.2 The Owner shall establish and update an overall budget for
the Project, including the Construction Cost, the Owner's other
costs and reasonable contingencies related to all of these costs.
4.3 If requested by the Architect, the Owner shall furnish evi-
dence that financial arrangements have been made to fulfM the
Owner's obligations under this Agreement.
4.4 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.
4.5 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 and structures; adjacent drainage; rights-of-way,
restrictions, easements, encroachments, zoning, deed restric-
tions, boundaries and contours of the site; locations, dimen-
sions and necessary data pertaining to existing buildings, other
improvements and trees; and information concerning available
utility services and lines, both public and private, above and
below grade, including inverts and depths. All the information
on the survey shall be referenced to a Project benchmark.
4.8 The Owner shall furnish the services of geotechnlcal engi-
neers when such services are requested by the Architect. Such
services may include but are not limited to test borings, test
pits, determinations of soil bearing values, percolation tests,
evaluations of hazardous materials, ground corrosion and resis-
tivity tests, including necessary operations for anticipating sub-
soil conditions, with reports and appropriate professional
recommendations.
4.6.1 The Owner shall furnish the services of other consul-
tants when such services are reasonably required by the scope
of the Project and are requested by the Architect.
4.7 The Owner shall furnish structural, mechanical, chemical,
air and water pollution tests, tests for hazardous materials, and
other laboratory and environmental tests, inspections and
reports required by law or the Contract Documents.
4.8 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.
4.9 The services, information, surveys and reports required by
Paragraphs 4.5 through 4.8 shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the
accuracy and completeness thereof.
4.10 Prompt wrinen notice shall be given by the Owner to the
Architect if the Owner becomes aware of any fault or defect in
the Project or nonconformance with the Contract Documents.
4.11 The proposed language of certificates or certifications
requested of the Architect or Architect's consultants shall be
submitted to the Architect for review and approval at least 14
days prior to execution. The Owner shall not request certifica-
tions that would require knowledge or services beyond
scope of this Agreement.
AIA DOCUMENT B141 • OWNER.ARCHITECT AGREEMENT • FOURTEENTH FDrriON • AMA. • 01
THE AMERICAN INS1TUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.
WARM Ch Unlicensed photocopying violates U.B. copyright Is end Is subject to legal prosecution-
5.1 DEFINITION
ARTICLE 5
CONSTRUCTION COST
5.1.1 The Construction Cost shall be the total cost or esti-
mated 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 theEbtr
.tractor's overhead and profit. -In addition, a reasonable allow'-
ance for contingencies shall he 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 respon-
sibility of the Owner as provided In Article 4.
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 Con-
struction Cost. if any. prepared by the Architect. represent the
Architect's best judgment as a design professional familiar with
the construction industry- It is recognized, however, that nei-
ther 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 represent that bids or negotiated prices
will not vary from the Owner's Project budget or from any
estimate of Construction Cost or evaluation prepared or agreed
no 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 hereto. If
such a fixed limit has been established, the Architect shall be
permitted to include contingencies for design, bidding and
price escalation, to determine what materials, equipment, com-
ponent systems and apes 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 Docu-
ments 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.
6.2.3 If the Bidding or Negotiation Phase has not commenced
within 90 days after the Architect submits the Construction
Documents to the Owner. any Project budget or fixed limit of
Construction Cost shall be adjusted to reflect changes in the
general level of prices in the construction Industry between the
daze of submission of the Construction Documents to the
Owner and the date on which proposals are sought.
5.2.4 If a fixed Emit of Construction Cost (adjusted as pro-
vided In Subparagraph 5.2.3) is exceeded by the lowest bona
fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fixed
tlrnir
.2 authorize rebidding or renegotiating of the Project
within a reasonable time;
.3 if the Project is abandoned, terminate in accordant
with Paragraph 8.3; or
.4 cooperate in revising the Project scope and quality as
required to reduce the Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4.
the Architect, without additional charge, shall modify the Con-
tract Documents as necessary to comply with the fixed limit, If
established as a condition of this Agreement. The modification
of Contract Documents shall be the limit of the Architect's
responsibility arising out of the establishment of a fixed limit.
The Architect shall be entitled to compensation in accordance
with this Agreement for all services performed whether or not
the Construction Phase Ls commenced. -`
5t Refer Article 12
7.3 N
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documents pre-
pared by the Architect for this Project are Instruments of the
Architect's service for use solely with respect to thLs 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 copies. Including repro-
ducible 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 Archi-
tect'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
the Architect is adjudged to be in default under this Agreement,
except by agreement in writing and with appropriate compen.
sation to the Architect.
6.2 Submission or 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 deroga-
tion of the Architect's reserved rights.
*ARTICLE 7
ARBITRATION
* Refer Article 12
1 Claims, disputes or other matters In question between
to this Agreement arising out of or relating to this
meet o . reach thereof shall be subject to and decl. arbi-
tration in cordance with the Construction In. ,, try Arbitra-
tion Rules of . -e American Arbitration . .n currently in
effect unless the .+ mutually agree
7.2 Demand for arbi s • on shall . - .1- . in whiting with the
other parry to this . - t . with the American Arbitra-
. don Association. A demand '. . nation shall be made within
a reasonable time after µdLSpttte or other matter in
question has arisen. In event . i e'deinand for arbitration
be made after the a when Institutio of legal or equitable
proceedings . • I on such claim, dispute other matter in
question wo . be barred by the applicable of limitations.
bitradon arising out of or relating to this
rtnrie, by consolidation, joinder or in any other er,
additional person or enhy not a party to this A
AIA DOQIiENT 8141 • OWNER- ARCHITECT AGREEMENT • FOURTEENTH ®mON • Au• • 0 1987
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, NW., WASHINGTON. D.C. 20006
WARNING: Uotoonted pltumeopyhtg violates U.S. copyright Mora tend 1e eub)ecI to legal prosecution.
8141 -1967
t by written consent containing a specific reference
this - - ent signed by the Owner, Architect, and an . + er
person • entity sought to be Joined. Consent to . •itration
involving . dddtional person or entity shall • t constitute
consent to arbi - on of any claim, dispu .r other matter in
question not descri. , in the written t or with a person
or entity not named or • +-. • • • - - . The foregoing agree-
ment to arbitrate and other - ents to arbitrate with an
additional person or enti • y • • - red to by the patties to
this Agreement shall . specifically - ....rceable in accordance
with applicable any court having 1.- • ction thereof.
7.4 The . ard rendered by the arbitrator or arb • : ors shall be
final, • judgment may be entered upon it in acco •k•• - with
cable law in any court having jurisdiction thereof.
ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 This Agreement may be terminated by either party upon
not less than seven days' written notice should the other party
fail substantially to perform In accordance with the terms of this
Agreement through no fault of the party initiating the termination.
8.2 If the Project Is suspended by the Owner for more than 30
consecutive days. the Architect shag be compensated for ser-
vices performed prior to notice of such suspension. When the
Project Ls resumed. the Architects compensation shall be equi-
tably adjusted to provide for expenses Incurred in the interrup-
tion and resumption of the Architects services.
8.3 This Agreement may be terminated by the Owner upon
not less than seven days' written notice to the Architect in the
event that the Project is permanently abandoned. If the Project
Is abandoned by the Owner for more than 90 consecutive days,
the Architect may terminate this Agreement by giving written
notice.
8.4 Failure of the Owner to make payments to the Architect in
accordance with this Agreement shall be considered substantial
nonperformance and cause for termination.
8.5 If the Owner fails to make payment when due the Archi-
tect for services and expenses, the Architect may, upon seven
days' written notice to the Owner. suspend performance of ser-
vices under this Agreement. Unless payment in full Is received
by the Architect within seven days of the date of the notice, the
suspension shall take effect without further notice. In the event
of a suspension of services, the Architect shag have no liability
to the Owner for delay or damage caused the Owner because
of suchsuspension of services.
8.8 In the event of termination not the fault of the Architect,
the Architect shag be compensated for services performed prior
to termination, together with Reimbursable Expenses then due
and all Termination Expenses as defined In Paragraph 8.7.
8.7 Termination Expenses arc in addition to compensation for
Basic and Additional Services, had include expenses which are
directly attributable to ter ination. Termination Expenses shall
be computed as a percentage of the total compensation for
Basic Services and Additional Services earned to the time of ter-
mination, as follows:
.1 Twenty percent of the total compensation for Basic
and Additional Services earned to date If tefm4nation
occurs before or during the predesign, site analykls, or
Schematic Design Phases; or �..
7 B141
.2 Ten percent of the total compensation for Basic and
Additional Services earned to date if termination
occurs during the Design Development Phase; or
.3 Five percent of the total compensation for Basic and
Additional Services earned to date if termination
occurs during any subsequent phase.
ARTICLE 9
MISCELLANEOUS PROVISIONS
steer -Refer Article 12
92 Terms in this Agreement shall have the same meaning as
those in ALA Document A201, General Conditions of the Con-
tract for Construction, current as of the date of this Agreement.
9. of action between the parties to this - ..
r failures to act shall be ., have
tunes of ors shall com-
not later than el date of Substantial Com-
acts or fail act occurrin:: -.r to Substantial
date of issuance of the final tr. . to for
acts or failures to act occurring after Subs to
accrued and the app
mence to run
pietion for a
Completion,
Pam.. '.r
pietion. Jets Article 12
9.4 The Owner and Architect waive all rights against each
other and against the contractors, consultants, agents and
employees of the other for damages, but only to the extent cov-
ered by property insurance during construction, except such
rights as they may have to the proceeds of such insurance as set
forth in the edition of ALA Document A201, General Conditions
of the Contract for Construction, current as of the date of this
Agreement. The Owner and Architect each shall require slmgar
waivers from their contractors, consultants and agents.
9.6 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, succes-
sors, assigns and legal representatives of such other party with
respect to all covenants of this Agreement. Neither Owner nor
Architect shag assign this Agreement without the written con-
sent of the other.
9.8 This Agreement represents the entire and integrated agree-
ment between the Owner and Architect and supersedes all
prior negotiations, representations or agreements, either writ-
ten or oral. This Agreement may be amended only by written
instrument signed by both Owner and Architect.
9.7 Nothing contained in this Agreement shall create a contrac-
tual relationship with or a cause of action in favor of a third
party against either the Owner or Architect.
9.8 Unless otherwise provided in this Agreement, the Architect
and Architect's consultants shall have no responsibility for the
discovery, presence, handling, removal or disposal of or expo-
sure of persons to hazardous materials in any form at the Project
site, Including but not limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or other toxic substance.
9.9 The Architect shall have the right to include representa-
tions of the design of the Protect, including photographs of the
exterior and interior, among the Architect's promotional and
professional materials. The Architect's materials shall
Include the Owner's confidential or proprietary information
the Owner has previously advised the Architect In writing of
AIA DOCUMENT B141 • OWNER- ARCIUTECr AGREEMENT • Four/man' EDITION • ANA. • 01
THE AMERICAN INSTITUTE OP ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.G
WARNING: Unlicensed phaIncopying violates 11.9. copyright Isms end Is subteen to legal prosecution.
the specific Information considered by the Owner to be confi-
dential or proprietary. The Owner shall provide professional
credit for the Architect on the construction sign and in the pro-
motional materials for the Project.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the Project and
the portion of the cost of their mandatory and customary con
trihutions and benefits related thereto, such as employment
taxes and other statutory employee benefits, insurance, sick
leave, holidays, vacations, pensions and similar contributions
and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to compensa-
tion for Basic and Additional Services and include expenses
incurred by the .Architect and Architect's employees and con-
sultants in the interest of the Project. as identified in the follow.
ing Clauses.
10.2.1.1 Expense of transportation in connection with the
Project: expenses in connection with authorized out -of -town
travel; long - distance communications; and fees paid for secur-
ing approval of authorities having jurisdiction over the Project.
10.2.1.2 Expense of reproductions. postage and handling of
Drawings. Specifications and other documents.
10.2.1.3 If authorized in advance by the Owner. expense of
overtime work requiring higher than regular rates.
10.2.1.4 Expense of renderings. models and mock -ups requested
by the Owner
10.2.1.5 Expense of additional insurance coverage or limits,
including professional liability insurance, requested by the
Owner in excess of that normally carried by the Architect and
Architect's consultants.
10.2.1.6 Expense of computer -aided design and drafting
equipment time when used In connection with the Project.
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An initial payment as set forth in Paragraph 11.1 is the
minimum payment under this Agreement.
10.3.2 Subsequent payments for Basic Services shall be made
monthly and, where applicable, shall be in proportion to ser-
vices performed within each phase of service, on the basis set
forth in Subparagraph 11.2.2.
10.3.3 If and to the extent that the time initially established in
Subparagraph 11.5.1 of this Agreement is exceeded or extended
through no fault of the Architect, compensation for any ser-
vices rendered during the additional period of time shall be
computed in the manner set forth in Subparagraph 11.3.2.
10.3.4 When compensation is based on a percentage of Con-
struction Cost and any ponlons of the Project are deleted or
otherwise not constructed, compensation for those portions of
the Project shall be payable to the extent services are per-
formed on those portions, in accordance with the schedule set
forth in Subparagraph 11.2.2, based on (1) the lowest bona fide
bid or negotiated proposal, or (2) If no such bid or proposal is
received, the most recent preliminary estimate of Construction
Cost or detailed estimate of Construction Cost for such por-
tions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4.1 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 ren-
dered or expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's com-
pensation on account of penalty, liquidated damages or other
sums withheld from payments to contractors, or on account of
the cost of changes in the `,Cork other than those for which the
Architect has been found to be liable.
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses per-
taining to Additional Services and services performed on the
basis of a multiple of Direct Personnel Expense shall be avail-
able to the Owner or the Owner's authorized representative at
mutually convenient times.
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 ANINITIALPAYMENTof ONE 'AND EI(1P HOD FI[rLY & 00/100 Dolar
shall be made upon execution of this Agreement and credited to the Owner's account.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES, as described In Article 2, and any other services included In Article 12 as part of Basic Services, Basic
Compensation shall be computed as follows: (Fixed Fee) Refer Article 12
( is of compensation, including stipulated sons. multiples or percentages, and identify pbass to ulna particular metbodv of compensation apply. if
Basic Architectural Services ($165,000.00)
Non -Basic Architectural Services - Civil Engineering ($ 20,000.00)
Total Fee ($185,000.00)
AIA DOCUMENT B141 • OWNER.AROUTECr AGREEMENT • FOURTEENTH EDITION • ANA° • 01967
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright lass end Is ashlers* to legal presseutIon.
B141 -1987
11.2.2 Where compensation Is based on a stipulated sum or percentage of Contraction Cost, progress payments for Basic Services
In each phase shall total the following percentages of the total Basic Compensation payable:
(Insert additional phases as appropriate.)
Initial Payment one percent (1 %) $ 1,850.00
Schematic Design Phase: nineteen percent (19 %) $ 35,150.00
Design Development Phase: twenty pmt (20 %) $ 37, 000.00
Construction Documents Phase: forty percent (40 %) $ 74, 000.00
Bidding or Negotiation Phase: two and one half Percent (2.1•) $ 4,625.00
ConstrucdonPhase: seventeen and one half percent(173 $ 32,375.00
Total Basic Compensation: one hundred percent (100 %) $185 , 000.00
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com-
puted as follows:
Firm Principal $90.00/hr.
Project Architect $65.00/hr.
Intern Architect $55.00/hr.
Draftsperson $45.00/hr.
Clerical $40.00/hr.
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described In Articles 3 and 12, other than (1) Additional Project
Representation, as described in Paragraph 3.2, and (2) services included In Article 12 as part of Basic Services, but excluding
services of consultants, compensation shall be computed as follows:
/insert basis of compensation. including rates send or multiples of Direct Personnel Expense for Principals and employees. and identify Principals and classify
employees if reaprired Identify specific sertices to vblcb panlcrrlar metbods of compensation apply if necessary)
same as above
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, Including additional structural mechanical and electrical engineering
services and those provided under Subparagraph 3.4.19 or Identified In Article 12 as part of Additional Services, a multiple of
one and two tenths( 1.2 ) times the amounts billed to the Architect for such services.
(Identify specific types of consultants In Article 12. !f required)
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other Items Included in Article 12 as Reimbursable
Expenses, a multiple of one and one tenth (1. 1 ) times the expenses Incurred by the Architect, the Architect's
employees and consultants in the interest of the Project. Refer Article 12 also.
11.5 ADDITIONAL PROVISIONS
11.6.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within twenty four
( 24 ) months of the date hereof, through no fault of the Architect, extension of the Architect's servlces beyond that time shall be
compensated as provided In Subparagraphs 10.3.3 and 11.3.2.
11.5.2 Payments are due and payable ten ( 10 ) days from the date of the Architect's Invoice.
Amounts unpaid thirty one ( 31 ) days after the Invoice date shall bear interest at the rate entered below. or
in the absence thereof at the igal rate prevailing from t to time at the principal place of business of the Architect.
(Insert rate of interest agreed upon.)
one percent per month
(Usury lams and requirements under tie Federal Tnab M Lending Act, similar stale and local ®araner credit lams andmbar regulations as We Owner's ands
acct's principal places of business tbo location of the Project and elsewhere may affect fie validity of fhb pmaleMn Specific legal advice sb old be
respect to Mellow or modifications, and also regarding mnuiremenb sorb as uli.aen dL¢hmaes or octets.)
AIA DOCUMENT 8141 • OWNER.ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA• • OI
9 B141 -1987 TVs ssesicAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C.
YEARNING: Unikeneed photocopying violates IL& copyright Imes end lemib)ecI to legal prosecution.
11.6.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review
practices of the Architect.
fir descriptions Mother services, identify Additional Service' included within Basic Compensation and modifications to the payment and mmpo, olOn terms
included to this .igresmem.)
See pages 11 and 12
The Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2 -350, Austin,
Texas 78701 -3942 or P. 0. Box 12337, Austin, Texas 78711 -2337, (512) 305 -9000,
has jurisdiction over individuals licensed under the Architects' Registration
Law, Texas Civil Statutes, Article 249a."
This Agreement entered into as of the day and year first written above.
AIA
ARTICLE 12
OTHER CONDITIONS OR SERVICES
(sigiwane)
CNAR IAs CULPEPPEk), rmiok� Bayard "Bo" M. S pencer TTT /x.enersl Partner
(Preu�.r�mrenue)
CAUTION: You should sign an orglnal AIA document which has this caution printed In red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
Ala DOCUMENT 0141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH 13171TION • AIA • • 01987
THE AMERICAN INSTITUTE OF ARCHITECTS. 1739 NEW YORK AVENUE, N.w., WASHINGTON, D.C. 28006
twain at Moaned photocopying violat s U.R. mpyrght Ian and le ogee to legal poseedhn.
8141 -1087 10
ARTICLE 12
12.1 The voiding of any element of this contract affects only that element At other provisions
remain in force.
12.2 Revise Article 10, Part 10.2.1.2 to read:
Cost of Bluelines and Electrostatic copies shall be at the rate of $0.12/square foot of
sheet size (Blueline), and 60.12/sheet (Electrostatic), $2.75 /square foot of sheet s
(Paper Sepia), $4.75 /square foot of sheet size (Sepia Mylar). The Architect will provide
one copy of progress documents per phase at no charge. Additional copies will be
charged according to the rate quoted. NOTE: Average costs per set of final
documents ranges between $150.00 - $175.00 per set.
12.4 All estimates of project cost will be prepared by the Architect based upon available current
unit cost data. These probable cost estimates are intended to reflect anticipated
construction cost to a degree of accuracy of +/- 10 %. Therefore the Architect will be
responsible for making cost related revisions to his documents only if the lowest qualified
bid exceeds his last probable cost projection by a sum greater than 10 %.
12.5 Should a dispute arise between the parties to this agreement, an attempt to resolve the
disagreement will be made utilizing verbal discussions in an informal setting. In the event
such discussions do not bring resolution to the problem then legal mediation between the
parties wit be conducted. As a last resort, unresolved disputes will result in civil litigation
through the courts. The local venue will be the jurisdiction of Williamson County.
12.6 The portion of the fee for Basic Services allocated to the Construction Phase will be
invoiced in equal payments during construction. The fee will be apportioned over the
construction period indicated by the Contractor. In the event the construction time period
is exceeded by the Contractor, the Architect will be entitled to receive additional
condensation for his continued involvement in contract administration services in the
amount of FIVE HUNDRED AND 00/100'S DOLLARS (8500.00) per week, or portion
thereof, in excess of the originally stated construction time.
12.7 Appointment of fees is as follows:
Basic Architectural Services as outlined in Article 2, Paragraph 2.1.1:
AMOUNT % OF TOTAL
Architect $ 115,500.00 62.44%
Structural Engineer. $ 19,800.00 10.70%
MEP Engineer. $ 29,700.00 16.05%
SUBTOTAL (BASIC SERVICES): $ 185,000.00 89.19%
Non -Basic Architectural Services:
Civil Engineer. $ 20.000.00 10.81%
SUBTOTAL (NON -BASIC SERVICES): $ 20,000.00 10.81%
TOTAL FEE: $ 186,000.00 100.00%
12.8 Invoicing for services shall occur at least monthly, or as particular phases of the work are
completed.
11
12.9 Should the project scope or budget be adjusted from that stipulated in the project
description on page 1 of this agreement, the Architect and consultant fees will be similarly
adjusted.
12.10 This Agreement is entered into and performable in Williamson County, Texas.
12.11 Specific Owner requirements are listed as follows. The costs of these services are to be
bome by the Owner.
a. Geotechnical Report
b. Surveying
12.12 The Statute of Limitations as relative to professional services rendered under the
provisions of this agreement shall commence as stipulated by the legal statutes of the
State of Texas as they pertain to this agreement and the ovmer and Architect both jointly
and severally.
12
April 17, 1998
Sharon Prete
Parks and Recreation Department
City of Round Rock
605 Palm Valley Boulevard
Round Rock, Texas 78664
RE: Contract for the Clay Madsen Indoor Recreation Center
Dear Sharon,
In accordance with the terms of our contract (page 12, paragraph 12.9), because the scope of the Clay
Madsen Indoor Recreation Center has changed dramatically, our fee requires adjustment. The fee will now
be 5290,000,00 including Civil Engineering.
I need to know whether you need a formal contract addenda or a total revised contract. Please let me know
as soon as possible what steps should be taken to resolve this issue. I have enclosed an invoice for the
balance due for the completion of the Schematic Design Phase based on the revised fee amount.
Sincerely,
Bayard "Bo" M. Spencer III
Architect/General Partner
BS /ts
Enclosure
SO4///3/9 'i8 "
April 17, 1998
Sharon Prete
Parks and Recreation Department
City of Round Rock
605 Palm Valley Boulevard
Round Rock, Texas 78664
RE: Contract for the Clay Madsen Indoor Recreation Center
Dear Sharon.
In accordance with the terms of our contract (page 12, paragraph 12.9), because the scope of the Clay
Madsen Indoor Recreation Center has changed dramatically, our fee requires adjustment. The fee will now
be 5290,000.00 including Civil Engineering.
I need to know whether you need a formal contract addenda or a total revised contract. Please let me know
as soon as possible what steps should be taken to resolve this issue. I have enclosed an invoice for the
balance due for the completion of the Schematic Design Phase based on the revised fee amount.
Sincerely.
Bayard "Bo" M. Spencer III
Architect/General Partner
BS /ts
Enclosure
DATE: June 5, 1998
SUBJECT: City Council Meeting - June 11, 1998
ITEM: 13.D. 1 Consider a resolution authorizing the Mayor to execute an agreement
modifying the agreement with Spencer Godfrey Architects for the
Clay Madsen Recreation Center. The original design contract was based
upon a 2.4 million dollar project. The project has been expanded to
include an additional gymnasium and a lap pool and will cost 4.8 million
dollars. Staff Resource Person: Sharon Prete, Parks and Recreation
Director.
Through citizen, Council and staff input, it was determined that the planned facility would need to
be expanded if the diversified needs of the community were to be met. The Recreation Center will
consist of:
• 2 gyms
• 4 racquetball courts
• lap pool
• weight room
• aerobics/dance room
• mulit- purpose /classrooms
• arts & crafts room
• game room
• locker rooms/restroom
• kitchen/vending
• office