HomeMy WebLinkAboutO-1996-2111
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ORDINANCE NO. 96-2111
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND ROBERT W. MCKINNEY, AlA, FOR PROFESSIONAL
SERVICES RELATED TO BUILDING EXPANSION AT BAY FOREST GOLF COURSE
AND FUTURE CITY HALL EXPANSION; APPROPRIATING $45,000.00 PLUS A
CONTINGENCY OF $2,500.00 TO FUND SAID AGREEMENT; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents. City Council appropriates the sum of $35,000.00 plus a
contingency of $2,500.00 from the capital Improvement Account No.
028-800-813-100 and $10,000.00 from the CIP Account No. 015-720-
200-100 to fund said Agreement.
section 2. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law proceeding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
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ORDINANCE NO. 96-2111
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upon.
The city council further ratifies, approves and confirms
such written notice nd the contents and posting thereof.
section 3. This ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 10th day of June, 1996.
CITY OF LA PORTE
By:JidM~~
I orman L.a .one,
Mayor
ATTEST:
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Sue Lenes,
City Secretary
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APPROVED:
Knox W. Askins,
City Attorney
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TABLE OF CONTENTS
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TABLE OF CONTENTS
Page(s)
1
IDENTIFICATION OF THE PARTIES/PROJECT DESCRIPTION
SECTION
1.1
1.2
1.3
1..4
1.5
1.6
1..7
2
1 BASIC SERVICES OF ARCHITECT
General
Preliminary Design Phase
This section Intentionally. Left Blank
Construction Documents Phase
Bidding or Negotiation Phase
Construction Phase
Operational Phase
1-1. through 1-8
SECTION 2 ADDITIONAL SERVICES OF ARCHITECT
2.1 Services Requiring Authorization
in Advance
2.2 Required Additional Services
2-1. through 2-3
SECTION 3 OWNER'S RESPONSIBILITIES
3-1 through 3-3
4-1 through 4-2
5-1 through 5-3
SECTION 4 PERIODS OF SERVICE
SECTION 5 PAYMENT TO ARCHITECT
SECTION 6 CONSTRUCTION COST AND OPINIONS
OF COST
6.1. Construction Cost
6.2 Opinions of Cost
SECTION
7.1
7.2
7.3
7.4
7.5
7.6
6-1
7 GENERAL CONSIDERATIONS
Termination
Reuse of Documents
This Section Intentionally Left Blank
Controlling Law
Successors and Assigns
Dispute Resolution
7-1 through 7-2
SECTION 8 SPECIAL PROVISIONS, EXHIBITS 8-1 through 8-2
AND SCHEDULES
Exhibit A FURTHER DESCRIPTION OF ARCHITECT BASIC A-1 through A-4
SERVICES AND RELATED MATTERS
Exhibit B DUTIES, RESPONSIBILITIES AND B-1 through B-5
LIMITATIONS OF AUTHORITY OF
THE RESIDENT PROJECT REPRESENTATIVE.
Exhibit C PROJECT ORGANIZATIONAL CHART AND C-1
COMMUNICATION
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SECTION 1 - BASIC SERVICES OF ARCHITECT
1.1 General
1.1.1 ARCHITECT shall provide for OWNER' professional
architectural services in all phases of the Project to which this
Agreement applies as hereinafter provided. These services will
include serving as OWNER's professional representative for the
project, providing professional consultation and advice and
furnishing customary civil, structural, mechanical, and electrical
engineering services incidental thereto.
1.1.2 The ARCHITECT's services shall be performed as
expeditiously as is consistent with professional skill and care and
the orderly progress of the work. The ARCHITECT shall submit for
the OWNER's approval a schedule for the performance of the
ARCHITECT's services, which 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 ARCHITECT's services consist of those services
performed by the ARCHITECT, ARCHITECT's employees and ARCHITECT's
consultants employed as hereinafter provided.
1.2 Preliminary Phase
After written authorization to proceed, ARCHITECT shall:
1.2.1 Consult with OWNER to clarify and define OWNER's
requirements for the Project and review available data and shall
arri ve at a mutual understanding of such requirements wi th the
OWNER.
1.2.2
obtaining
Paragraph
services.
Advise OWNER as to the necessity of OWNER's providing or
from others data or services of the types described in
3.3 and 3.4, and assist OWNER in obtaining such data and
1.2.3 Identify and analyze requirements of governmental
authorities having jurisdiction to approve the design of the
project and participate in consultations with such authorities.
1.2.4 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 limitations set forth.
1.2.5 The ARCHITECT shall review with the OWNER alternative
approaches to design and construction of the Project and provide a
general analysis of various alternatives in writing.
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1.4.1 Based on the approved Preliminary Design Documents and
any further adjustments in the scope or quality of the PROJECT, in
the construction budget or in the total PROJECT budget authorized
in writing by the OWNER, the ARCHITECT shall prepare, for approval
by the OWNER, Construction Documents consisting of Drawings
(hereinafter called Drawings) and Specifications setting forth in
detail the requirements for the construction of the PROJECT by
Contractor (s). The soecifications shall be oreoared in conformance
with the sixteen division format of the Construction Soecifications
Institute.
1.4.2 See that the Construction Documents include applicable
requirements/approvals of governmental authorities having
jurisdiction to approve the design of the project. Provide
technical criteria, written descriptions and design data for
OWNER's use in filing applications for permits with or obtaining
approvals of such governmental authorities as have jurisdiction to
approve the design of the Project, and assist OWNER in completing
permit application and in consultation with appropriate
authorities.
1.4.3 Advise OWNER of any adjustments to the latest opinion of
probable Total project Costs (as defined in paragraph 1.2.6) caused
by changes in general scope, extent or character or design
requirements of the proj ect or Construction Costs. Furnish to
OWNER a revised opinion of probable Total Project Costs based on
the Drawings and Specifications.
1.4.4 Prepare for review and approval by OWNER, its legal
counsel and other advisors contract agreement forms, general
conditions and supplementary conditions, and bid forms, invitations
to bid and instructions to bidders and other related documents.
The ARCHITECT will initiallY submit to OWNER the
Contractor Aqreement (in the form of AlA document A1e1) and the
General Conditions of the Contract (in the form of AlA document
A201) for OWNER'S review. comment. modification. and aODroval.
1.4.5 Furnish five copies of the above documents and of the
Drawings and Specifications and present and review them in person
with OWNER.
The duties and responsibilities of ARCHITECT during the
Final Design Phase are supplemented as indicated in paragraph 4 of
Exhibit A "Further Description of Basic Services and Related
Matters".
1.5 Bidding or Negotiation Phase
After written authorization to proceed with the Bidding
or negotiation Phase, ARCHITECT shall:
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of OWNER to the extent provided in said standard General Conditions
except as otherwise pr~vided in writing.
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1.6.2
Visits to site and Observation of Construction.
In connection wi th observation of the work of
Contractor(s) while it is in progress:
1.6.2.1 ARCHITECT shall make visits to the site at intervals
appropriate to the various stages of construction as ARCHITECT
deems necessary in order to observe as an experienced and qualified
design professional the progress and quality of the various aspects
of contractor(s)' work. In addition, the ARCHITECT and/or .OWNER
may provide the services of a Resident Project Representative (and
assistants as agreed) at the site to assist ARCHITECT and to
provide more continuous observation of such work. Based on
information obtained during such visits and on such observations,
ARCHITECT shall endeavor to determine in general if such work is
proceeding in accordance with the Contract Documents and ARCHITECT
shall keep OWNER informed of the progress of the work.
1.6.2.2 The Resident Project Representative (and assistants) may
be ARCHITECT's agent or employee and under ARCHITECT's supervision
or may be the OWNER's agent or employee and under OWNERS
supervision. The duties and responsibilities of the Resident
Project Representative (and assistants) are set forth in Exhibit B
"Duties, Responsibilities and Limitation of Authority of Resident
Project Representative". Any exceptions or modifications to these
responsibilities and limitations will be mutually agreed upon by
both parties in writing.
1.6.2.3 The purpose of ARCHITECT's visits to and representation
by the Resident Project Representative (and assistant, if any) at
the site will be to enable ARCHITECT to better carry out the duties
and responsibilities assigned to and undertaken by ARCHITECT during
the Construction Phase, and, in addition, by exercise of
ARCHITECT's efforts as an experienced and qualified design
professional, to provide for OWNER a greater degree of confidence
that the completed work of Contractor(s) will conform generally to
the Contract Documents and that the integrity of the design concept
as reflected in the Contract Documents has been implemented and
preserved by Contractor(s). On the other hand, ARCHITECT shall
not, during such visits or as a result of such observations of
Contractor(s) I work in progress, supervise, direct or have control
over Contractor(s) , work nor shall ARCHITECT have authority over or
responsibility for the means, methods, techniques, sequences or
procedures of construction selected by Contractor(s), for safety
precautions and programs incident to the work of Contractor(s), for
safety precautions and programs incident to the work of
Contractor(s) or for any failure of Contractor(s) to comply with
laws, rules, regulations, ordinances, codes or orders applicable to
contractor(s) furnishing and performing their work.
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1.6.9
Applications for Payment
Based on ARCHITECT's on-site o~servations as an
experienced and qualified design professional, on information
provided by the Resident Project Represe~tative and on review of
applications for payment and the accompanying data and schedules:
1. 6. 9 . 1 ARCHITECT shall determine the amounts owing to
contractor(s) and recommend in writing payments to contractor(s) in
such amounts. Such recommendations of payment will constitute a
representation to OWNER, based on such observations and review,
that the work has progressed to the point indicated, and that, to
the best of ARCHITECT's knowledge, information and belief, the
quality of such work is generally in accordance with the Contract
Documents (subject to an evaluation of such work as a functioning
whole prior to or upon Substantial Completion, to the results of
any subsequent tests called for in the Contract Documents and to
any other qualifications stated in the recommendation). In the
case of unit price work, ARCHITECT's recommendations of payment
will include final determinations of quantities and classifications
of such work (subject to any subsequent adjustments allowed by the
Contract Documents).
1. 6 . 9 . 2 By recommending any payment ARCHITECT will not thereby be
deemed to have represented that exhaustive, continuous or detailed
reviews or examinations have been made by ARCHITECT to check the
quality or quantity of Contractor(s)' work as it is furnished and
performed beyond the responsibilities specifically assigned to
ARCHITECT in this Agreement and the Contract Documents.
ARCHITECT's review of Contractor(s)' work for the purposes of
recommending payments will not impose on ARCHITECT responsibility
to supervise, direct or control such work or for the means, method
techniques, sequences, or procedures of construction or safety
precautions or programs incident thereto or Contractor(s)
compliance with laws, rules, regulations, ordinances, codes or
orders applicable to their furnishing and performing the work. It
will also not impose responsibili ty on ARCHITECT to make any
examination to ascertain how or for what purposed any contractor
has used the moneys paid on account of the Contract Price, or to
determine that title to any of the work, materials or equipment has
passed to OWNER free and clear of any lien, claims, security
interests or encumbrances, or that there may not be other matters
at issue between OWNER and CONTRACTOR that might affect the amount
that should be paid.
1. 6 .10
contractor(s)' Completion Documents
ARCHITECT shall receive and review maintenance and
operating instructions, . schedules, guarantees, bonds and
certificates of inspection, tests and approvals which are to be
assembled by Contractor(s) in accordance with the Contract
Documents (but such review will only be to determine that their
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1.7.5
Record Drawings.
ARCHITECT shall furnish the OWNER a set of marked up
prints, drawings and other data kept by the Contractor(s), and
Project Representative (if employed by the ARCHITECT) in a form and
manner that clearly depicts significant changes made during the
construction process.
1.7.6 At a time eleven (11) months following Substantial
Completion of the project (one month prior to expiration of the
Contractor's warranty period), the ARCHITECT, in the company of the
OWNER, will visit the project to observe any apparent deficiencies
in the completed construction, and document any items observed in
a written report issued to the CONTRACTOR and OWNER.
1.7.7 During the Operational Phase, the ARCHITECT will assist
the OWNER in consultations and discussions with CONTRACTOR
concerning the correction of deficiencies brought to the
ARCHITECT's attention, and when appropriate, review or make written
recommendations regarding replacement or correction of the Work as
proposed by the Contractor.
The duties and responsibilities of ARCHITECT during the
Operational Phase are amended and supplemented as indicated in
paragraph 7 of Exhibit A "Further Description of Basic Services and
Related Matters".
SECTION 2 - ADDITIONAL SERVICES OF ARCHITECT
2.1 Services Requiring Authorization in Advance
If authorized in writing by OWNER, ARCHITECT shall
furnish or obtain from others Additional Services of the types
listed in paragraphs 2.1.1 through 2.1.14, inclusive. These
services are not included as part of Basic Services except to the
extent provided otherwise in Exhibit A "Further Description of
Basic Services and Related Matters"; these will be paid for by
OWNER as indicated in Section 5.
2.1.1 Preparation of applications and supporting documents (in
addition to those furnished under Basic Services) for private or
governmental grants, loans or advances in connection with the
project; preparation or review of environmental assessments and
impact statements; review and evaluation of the effect on the
design requirements of the Project of any such statements and
documents prepared by others; and assistance in Obtaining approvals
of authorities having jurisdiction. over the anticipated
environmental impact of the Project.
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2.1.10 Assistance in connection with bid protests, rebidding or
renegotiating contracts for construction, materials, equipment or
services, except when such assistance is required to complete
services called for in paragraph 6.2.2.5.
2.1.11 Providing any type of property surveys or related
professional services needed'for the transfer of interests in real
property and field surveys for design purposed and any necessary
surveys and staking to enable Contractor(s) to proceed with their
work; and providing other special field surveys.
2.1.12 Preparation of operating, maintenance and staffing
manuals to supplement Basic Services under paragraph 1.7.3.
prenaration of a set of renroducible record nrints of
drawinas showina those sianificant chanaes made durina the
construction nrocess. based on the marked un nrints. drawinas and
other data furnished bv ContractorCsl and Resident Proiect
ReDresentati ve to ARCHITECT. Prior to Dreparation of record
drawinas the ARCHITECT and OWNER will mutuallv aaree on which
chanaes are considered sianificant.
2.1.13 Preparing to serve or serving as a consultant or witness
for OWNER in any litigation, arbitration or other legal or
administrative proceeding involving the Project (except for
assistance in consultations which is included as part of Basic
Services under paragraphs 1.2.3 and 1.4.2).
2.1.14 Additional services required in connection with the
Project, including services required which were not furnished by
OWNER in accordance with Section 3, and services not otherwise
provided for in this Agreement.
2.2 Required Additional Services
When required by the Contract Documents in circumstances
beyond ARCHITECT's control, ARCHITECT shall furnish or obtain from
others, as circumstances require during construction Additional
Services of the types listed in paragraphs 2.2.1 through 2.2.6,
inclusive '(except to the extent otherwise provided in Exhibit A
"Further Description of Basic Services and Related Matters").
These services are not included as part of Basic Services.
ARCHITECT shall advise OWNER promptly of need for required
additional services. OWNER shall provide authorization to
ARCHITECT for such Additional Services which will be paid for by
OWNER as indicated in Section 5.
2.2.1 Services in connection with work directive changes and
change orders to reflect changes requested by OWNER if the
resulting change in compensation for Basic Services is not
commensurate with the addition services rendered.
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3.4.1 Data prepared by or services of others, including without
limitation borings, probings and subsurface explorations,
hydrographic surveys, laboratory tests and inspections of samples,
materials and equipment;
3.4.2 appropriate professional interpretations of all of the
foregoing;
3.4.3
environmental assessment and impact statements;
3.4.4 property) boundary, easement, and right-of-way,
topographic, and utility surveys and related office computations
and drafting;
3.4.5
property descriptions;
3.4.6
zoning, deed and other land use restriction; and
3.4.7 other special data or consultation not covered in Section 2;
all of which ARCHITECT may use and rely upon in performing services
under this Agreement.
3.5 Provide engineering surveys to establish reference points
for construction (except to the extent provided otherwise in
Exhibit A "Further Description of Basic Services and Related
Matters") to enable Contractor(s) to proceed with the layout of the
work.
3.6 Arrange for access to and make all provisions for
ARCHITECT to enter upon public and private property as required for
ARCHITECT to perform services under this Agreement.
3.7 Examine all studies, reports, sketches, Drawings,
Specifications, proposals and other documents presented by
ARCHITECT, obtain advice of an attorney, insurance counselor and
other consultants as OWNER deems appropriate for such examination
and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of ARCHITECT.
3.8 Furnish approvals and permi ts from all governmental
authorities having jurisdiction over the project and such approvals
and consents from others as may be necessary for completion of the
Project. ARCHITECT will assist the OWNER in the preparation of
said permits.
3.9 Provide such accounting, independent cost estimating and
insurance counseling services as may be required for the Project,
such legal. services as OWNER may require or ARCHITECT may
reasonably request with regard to legal i~sues pertaining to the
Project including any that may be raised by Contractor(s), such
auditing service as OWNER may require to ascertain how or for what
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SECTION 4 - PERIODS OF SERVICE
4.1 The provisions of this section 4 and the various rates of
compensation for ARCHITECT's services provided for elsewhere in
this Agreement have been agreed to in anticipation of the orderly
and continuous progress of the Project through completion of the
Construction Phase. ARCHITECT's obligation to render services
hereunder will extend for a period which may reasonably be required
for the design, award of contracts, construction and initial
operation of the Project including extra work and required
extensions thereto. If in Exhibit A "Further Description of Basic
Services and Related Matters" specific periods of time for
rendering services are set forth or specific dates by which
services are to be completed are provided and if such dates are
exceeded through no fault of ARCHITECT, all rates, measures and
amounts of compensation provided herein shall be subject to
equitable adjustment.
4.2 The services called for in the Schematic Design Phase
will be completed and the Schematic Design submitted within the
stipulated period indicated in paragraph 2 of Exhibit A "Further
Description of Basic Services and Related Matters" after written
authorization to proceed with that phase of services which will be
given by OWNER within thirty days after ARCHITECT has signed this
Agreement.
4.3 After acceptance by OWNER of the Schematic Design Phase
documents indicating any specific modifications or changes in the
general scope, extent or character of the Project desired by OWNER,
and upon written authorization from OWNER, ARCHITECT shall proceed
with the performance of the services called for in the Design
Development Phase, and shall submit preliminary design documents
and a revised opinion of probable Total Project Costs within the
stipulated period indicated in paragraph 3 of Exhibit A "Further
Description of Basic Services and Related Matters".
4 . 4 After acceptance by OWNER of the Design Development Phase
documents, indicating any specific modifications or changes in the
general scope, extent or character of the Project desired by OWNER,
and upon written authorization from OWNER, ARCHITECT shall proceed
with the performance of the services called for in the Construction
Documents Phase; and shall deliver Contract Documents and a revised
opinion of probable Total Project Costs for all work of
Contractor(s) on the Project within the stipulated period indicated
in paragraph 4 of Exhibit A "Further Description of Basic Services
and Related Matters".
4.5 ARCHITECT's services under the' Schematic Design Phase,
Design Development and Construction Documents shall each be
considered complete at . the earlier of (1) the date when the
submissions for that phase have been accepted by OWNER or (2)
thirty days after the date when such submissions are delivered to
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reason is required to render Construction Phase services in respect
of any prime contract for construction, materials or equipment more
than 60 days after Substantial Completion is achieved under that
contract, the various rates of compensation provided for elsewhere
in this Agreement may be subject to equitable adjustment.
4.12 In the event that :the work designed or specified by
ARCHITECT is decided to be furnished or Derformed under more than
one Drime contract. the ARCHITECT will be comDensated in accordance
with DaraaraDh 5.1.2.
SECTION 5 - PAYMENTS TO ARCHITECT
5.1 OWNER has established an initial construction cost limit
of $ 285,000 for the project as available for construction.
5.1.1 For Basic Services. OWNER shall pay ARCHITECT for Basic
Services rendered under section 1 (as amended and supplemented by
Exhibit A "Further Description of Basic Services and Related
Matters") as follows:
5.1.1.1 A stipulated lump sum in the amount of thirty three
thousand dollars ($ 33,000.00). Progress payments for Basic
Services in each phase shall total the following percentages of the
total basic compensation payable:
Preliminary Design Phase
Construction Documents Phase
Bidding or Negotiations Phase
Construction Phase
Operational Phase
thirtv
fortv
five
twentv
five
percent (~%)
percent (-!Q%)
percent (-..2,%)
percent (~%)
percent (~%)
$ 33,000.00
Total Compensation for Basic Services
5. 1. 1.2 Should . the ARCHITECT I S Preliminary Construction Cost
Estimate exceed the lowest bona fide proposal or bid amount in
section 5.1 as available for construction, the ARCHITECT may be
required at the discretion of the OWNER to amend the design to
bring the construction cost estimate within the amount specified
without additional cost to the OWNER.
5.1.1.3 If the work is not carried on after Construction Document
Phase and drawings, specifications and Construction Documents are
completed and approved, the OWNER will pay the ARCHITECT through
the Construction Documents Phase in accordance with section 5.1.1
above; or, if the bids have been received, the OWNER will in
addition pay the ARCHITECT seventv-five percent ( 75%) of the lump-
sum fee as specified in section 5.1.1.1.
5.1.2 For Additional Services. OWNER shall pay ARCHITECT for
Additional Services rendered under section 2 as follows:
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5.3.2 Records of ARCHITECT's Salary Costs pertinent to
ARCHITECT's compensation under this Agreement will be kept in
accordance with generally accepted accounting practices. Copies
will be made available to OWNER at cost on request prior to final
payment for ARCHITECT's services. .
5.4. 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.
5.4.1 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.
Expenses for automobile travel during the performance of basic
services shall be considered incidental. For private automobile
travel beyond performance of basic services mileage will be
reimbursed at thirty one cents per mile.
5.4.2 Expense of reproductions, postage and handling of
Drawings, Specifications and other documents.
5.4.3 If authorized in advance by the OWNER, expense of
overtime work requiring higher than regular rates.
5.4.4 Expense of renderings, models and mock-ups requested by
the OWNER.
5.4. 5 Expense of addi tional 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.
5.4.6 Expense of computer-aided design and drafting equipment
time when used in connection with the Project.
5.5 The following table of Standard Office Billing Rates
shall be in effect where applicable under paragraph 5.1.2 and
5.1.2.1 of this Agreement:
If requested by OWNER, the ARCHITECT will submit a list
of employees, their appropriate title and billing rates prior to
authorization of services that will be compensated by the Standard
Office Billing Rates in paragraph 5.5.
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6.2.2.4 If the Bidding or Negotiating Phase has not commenced
within six months after completion of the Final Design Phase, the
established Construction Cost limit will not be binding on
ARCHITECT, and OWNER s~all consent to an adjustment in such cost
limit commensurate with any applicable change in the general level
of prices in the construction industry between the date of
completion of the Final Design Phase and the date on which
proposals or bids are sought.
6.2.2.5 If the lowest bona fide proposal or' bid exceeds the
established Construction Cost limit, OWNER shall (1) give written
approval to increase such cost limit, (2) authorize negotiating or
rebidding the Project within'a reasonable time, or (3) cooperate in
revising the Project's general scope, extent or character to the
extent consistent with the Project's requirements and with sound
engineering/architectural practices. In the case of (3), ARCHITECT
shall modify the Contract Documents as necessary to bring the
Construction Cost within the cost limit. Compensation for services
in making such modifications shall be per paraqraph 5.1.1.2. The
providing of such service will be the limit of ARCHITECT's
responsibility in this regard and, having done so, ARCHITECT shall
be entitled to payment for services in accordance with this
Agreement and will not otherwise be liable for damages attributable
to the lowest bona fide proposal or bid exceeding the established
Construction Cost.
SECTION 7 - GENERAL CONSIDERATION
7.1 Termination.
This Agreement may be terminated by either party upon thirty
(30) days prior written notice to the other party in the event of
substantial failure by the other party to fulfill its obligations
under this Agreement through no fault of the terminating party.
7.2 Reuse of Documents.
All documents including Drawings and Specifications prepared
or furnished by ARCHITECT (and ARCHITECT's independent professional
associates and consultants) pursuant to this Agreement are
instruments of service in respect of the Project. The ownership
and property interest therein shall be granted to the OWNER when
the Project is completed. ARCHITECT shall supply a set of
reproducible record drawings for the OWNER in accordance with
section 1.7.5. OWNER may make and retain copies for information
and reference in connection with the use and occupancy of the
proj ect by OWNER and others; however, such documents are not
intended or represented to be suitable for reuse by OWNER or others
on extensions of 'the Project or on any other project. Any reuse by
OWNER without written verification or adaptation by ARCHITECT for
the specific purpose intended.will be at OWNER's sole risk and
without liability or legal exposure to ARCHITECT, or to ARCHITECT's
independent professional associates or consultants, and OWNER shall
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The disputing party shall g~ve the other party written notice
of the dispute. wi thin tens days after receipt of said notice, the
receiving party shall submit to the other a written response. The
notice and response shall include (a) a statement of each party's
position and a summary of the evidence and.arguments supporting its
position, and (b) the name and title of the executive who will
represent that party. The executives shall meet at a mutually
acceptable time and place" within twenty days of the date of the
disputing party's notice and thereafter as often as they reasonably
deem necessary to excha~ge relevant information and attempt to
resolve the dispute.
7. 7 If the controversy or claim has not been resol ved wi thin
thirty days of the meeting of the senior executives, the parties
shall endeavor to settle the dispute by mediation under the Center
for Public Resources Model Procedure for Mediation of Business
Disputes or pursue amicable termination.
7.8 If the matter has not been resolved pursuant to tne aforesaid
mediation procedure within sixty days of the commencement of such
procedure (which period may be extended by mutual agreemeF~), if
either party will not participate in a mediation, or if the parties
cannot agree on a mediator, the parties shall pursue amicable
termination.
SECTION 8 - SPECIAL PROVISIONS. EXHIBITS AND SCHEDULES
8.1 This Agreement is subject to the following special
provisions.
8.2 The following Exhibits are attached to and made a part of
this Agreement:
8.2.1 Exhibit A "Further Descriptions of Basic Services and
Related Matters" consisting of ~ pages.
8.2.2 Exhibit B "Duties, Responsibilities and Limitations of
Authority of Resident Project Representative" consisting of -2.
pages.
8.2. 3 Exhibit C IIproj ect organizational
Communication" consisting of 1. pages.
Chart
and
8.3 This Agreement (consisting of pages) together with the
Exhibits and schedules identified above constitute the entire
agreement between OWNER and ARCHITECT and supersede all prior
written or oral understandings. This Agreement and said Exhibits
and schedules may only be amended, supplemented, modif ied or
cancelled by a duly executed written instrument.
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EXHIBIT A
EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ARCHITECT
FOR PROFESSIONAL SERVICES, dated
June 10, 1996
FURTHER DESCRIPTION OF ARCHITECT'S BASIC SERVICES AND RELATED
MATTERS FOR ENHANCEMENTS TO BAY FOREST GOLF FACILITY
1. This is an exhibit attached to, made a part of and
.incorporated by reference into the Agreement made on June 10, 1996
between the city of La Porte (OWNER) and Robert W. McKinney. AlA,
(ARCHITECT) providing for professional services. The Basic
Services of ARCHITECT as described in Section 1 of the Agreement
are amended or supplemented as indicated below and the time periods
for the performance of certain services as indicated in Section 4
of the Agreement are stipulated as indicated below.
2. Unless directed otherwise in OWNER's authorization, during the
preliminary Design Phase ARCHITECT shall:
a. Provide document sets to OWNER as outlined in
Paragraph 1.2.7.
b. Attend -!- meetings with the city staff during the
course of the study to discuss progress and
direction of the work. After each meeting
ARCHITECT shall circulate for approval a set of
minutes that outline the key topics discussed and
any decisions, directions, etc. agreed upon by
OWNER and ARCHITECT.
The Preliminary Design Phase Services will be completed and the
Report submitted within 30 calendar days following written
authorization from OWNER to ARCHITECT to proceed with that phase of
services.
3. (THIS SECTION INTENTIONALLY LEFT BLANK)
4. During the Construction Documents Phase ARCHITECT shall:
Prepare construction documents ready for bidding, including
the following tasks:
a.
Construction drawings will
appropriate scale and include:
be
prepared
at
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5. During the Bidding or Negotiating Phase ARCHITECT shall:
a. A~sist OWNER in conducting the prebid conferences
and pre~alification of bidders as required by City
of La Porte Ordinance No. 1476-A.
Ordinance 1476-A requires all Contractors desiring
to bid on construction projects having an estimated
construction cost of greater than: $300,000, must
pre-qualify by filing a satisfactory Contractor's
statement. The Contractor's statement requires the
filing of both a Financial statement and an
Equipment and Experience statement.
The ARCHITECT shall review the Equipment and
Experience statements submitted by the Contractor,
check references and prepare a written report and
recommendation based on their findings.
The ARCHITECT shall not be responsible for the
evaluating the financial statement submitted by
Contractors.
The Bidding or Negotiating Phase Services will be completed per
terms of paragraph 4.6.
6. During the Construction Phase ARCHITECT shall:
a. During the Construction Phase the ARCHITECT
shall make visits to the site at intervals
appropriate to the various stages of
construction. After contractor has submitted
construction schedules, the OWNER and
ARCHITECT will mutually agree on key stages of
construction that will warrant and require
visits by ARCHITECT. However, the total
visits to site by the ARCHITECT shall average
2 Der month over the term of construction.
The Construction Phase Services will be completed per terms of
paragraph 4.7.
7. During the operational Phase ARCHITECT shall:
(No amendments or supplements to paragraph 1.7)
The Operational Phase Services will be completed per terms of
paragraph 4.8.
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EXHIBIT B
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE.
This is an Exhibit attached to, made a part of and incorporated by
reference with the Agreement made on June 10, 1996, between City
of La Porte (OWNER), and (ARCHITECT) Robert W. McKinnev. AlA
providing for professional services.
ARCHITECT or OWNER may furnish a Re,sident proj ect
Representative (RPR) , assistants and other field'staff to assist
ARCHITECT in observing performance of the work of Contractor.
Through more extensive on-site observations of the work in
progress and field checks of materials and equipment by the RPR and
assistants, ARCHITECT shall endeavor to provide further protection
for OWNER against defects and deficiencies in the work of
CONTRACTOR; but, the furnishing of such services will no~ make
ARCHITECT responsible for or give ARCHITECT control over
construction means, methods, techniques, sequences or procedures or
for safety precautions or programs, or reponsiblity for
CONTRACTOR's failure to perform the Work in accordance with the
Contract Documents and in particular the specific limitations set
forth in paragraph 1.6 of the Agreement are applicable.
The duties and responsibilities of the RPR are limited to
those of ARCHITECT in ARCHITECT's agreement with the OWNER and in
the construction Contract Documents, and are further limited and
described as follows:
A. General
RPR is ARCHITECT's agent at the site, will act as directed by
and under the supervision of ARCHITECT, and will confer with
ARCHITECT regarding RPR' s actions. RPR' s dealings in matters
pertaining to the on-site work shall in general be with ARCHITECT
and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings
with subcontractors shall only be through or with the full
knowledge and approval of CONTRACTOR. RPR shall generally
communicate with OWNER with the knowledge of and under the
direction of ARCHITECT.
B. Duties and Responsibilities of RPR
1. Schedules:
Review the progress schedule, schedule of Shop
Drawing submittals and schedule of values prepared
by CONTRACTOR and consult with ARCHITECT concerning
acceptability.
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c. Verify that tests, equipment and systems
startups and operating and maintenance
training are conducted in the presence of
appropriate personnel, and that CONTRACTOR
maintains adequate records thereof; and
observe, record and report to ARCHITECT
appropriate details relative to the test
procedures and startups.
d. Accompany visiting inspectors representing
pUblic or other agencies having jurisdiction
over the Project, record the results of these
inspections and report to ARCHITECT.
6. Interpretation of Contract Documents:
Report to ARCHITECT when clarifications. and
interpretations of the Contract Documents are
needed and transmit to CONTRACTOR clarifications
and interpretations as issued by ARCHITECT.
7. Modifications:
Consider and evaluate CONTRACTOR's suggestions for
modifications in Drawings or Specifications and
report wi th RPR' s recommendations to ARCHITECT.
Tran~mit to CONTRACTOR decisions as issued by
ARCHITECT.
8 . Records:
a. Maintain at the job site orderly files for
correspondence, report of job conferences,
Shop Drawings and samples, reproductions of
original Contract Documents including all Work
Directi ve Changes, Addenda, Change Orders,
Field Orders, additional Drawings issued
subsequent to the execution of the Contract,
ARCHITECT's clarifications and interpretations
of the Contract Documents, progress reports,
and other Project related documents.
b. Keep a diary or log book, recording CONTRACTOR
hours on the job site, weather conditions,
data relative to questions of Work Directive,
change Orders or changed conditions, list of
job site visitors, daily activities,
decisions, observations in general, and
specific observations in more detail as in the
case of observing test procedures; and send
copies to ARCHITECT.
c. Record names, addresses and telephone numbers
of all CONTRACTORS, subcontractors and major
suppliers of materials and equipment.
I
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. ..
.
.
recommendations
acceptance.
to
ARCHITECT
concerning
C. Limitations of Authority
Resident Project Representative:
1. Shall not authorize any deviation from the Contract
Documents or substitution of materials or equipment,
unless authorized by ARCHITECT.
2. Shall not exceed limitations of ARCHITECT's authority as
set forth in the Agreement or the Contract Documents.
3.
responsibilities of
of CONTRACTOR's
Shall not undertake any of the
CONTRACTOR, subcontractors
superintendent.
4. Shall not advise on, issue directions relative to or
assume control over any aspect of the means, methods,
techniques, sequences or procedures of construction
unless such advice or directions are specifically
required by the Contract Documents.
5. Shall not advise on, issue directions regarding, or
assume control over safety precautions and programs in
connection with the Work.
6. Shall not accept Shop Drawing or sample submittals from
anyone other then CONTRACTOR.
7. Shall not authorize OWNER to occupy the Project in whole
or in part.
8. Shall'not'participate in specialized field or laboratory
tests or inspections conducted by others except as
specifically authorized by ARCHITECT.
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