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ORDINANCE NO. 2000-a 3 ~ a..
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF LA PORTE AND DCW ARCHITECTS, INC. TO
PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES FOR THE
REPLACEMENT OF ROOFS AT THE SYLVAN BEACH PAVILION,
POLICE DEPARTMENT, AND EMS BUILDING; APPROPRIATING
$37,000.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND 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. The City Council appropriates the sum not to
exceed $37,000.00 for professional architectural services for replacement
of roofs at the Sylvan Beach Pavilion, Police Department, and EMS
building, from General Capital Improvement Fund 015 to fund said
contract.
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
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ORDINANCE NO. 2000- aa~(A
by law preceding 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 upon. The City Council further ratifies, approves and
confirms such written notice and 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 27th day of March, 2000.
~ITY F LA PORTE
_ ____ _~//u4
an L.~,
Mayor
By:
ATTEST:
A~~
Knox W. Askins,
City Attorney
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Abbreviated Standard Form of Agreement
Between Owner and Architect
AlA Document 8151 -1997
1997 Edition - Electronic Format
This document has important legal c:ooscqucnces. Consultation with an attorney is entouragcd with n:spcd to its completion or modification. AUllIENTlCATlON OF
THIS ELECTRONlCAU.. Y DRAFTED AlA DOCUMENT MAYBE MADE BY USING AlA DOCUMENT D40 1.
This document has been approved and endorsed by the American Subcontractor.; Assoc:iation and the Associated Specialty Contractors, Inc.
Copyright 1974, 1978, 1987, CI997 by The American Wtitute of Architects. Reproduction of the material herein or substantial quotation ofirs provisions without written
permission orthe AlA violates the copyright laws ofthc United States and will subject the violator to legal prosecution.
AGREEMENT made as of the
(In word~. indicate day. month and year)
day of March in the year 2000.
BETWEEN the Architect's client identified as the Owner:
(Name, addnu~ and other infonnation)
City of La Porte
P.O. Box 1115
La Porte. TX 77572-1115
and the Architect:
(Name. addnu~ and other infonnation)
DCW Architects. Inc.
2425 Fountain View. Suite 225
Houston. TX 77057-4834
For the following Projec;t:
(Include detaikd de~cription of Project. location and addre~~)
RoofreDlacements for Sylvan Beach Pavilion. Police Building. & EMS Building. DCW File No. 991207.
The Owner and Architect agree as follows.
ARTICLE 1 ARCHITECT'S RESPONSIBILITIES
1.1 The services performed by the Architect. Architect's employees and Architect's consultants shall be as enumerated in
Articles 2, 3 and 12.
1.2 The Architect's services shall be peIfonned as expeditiously as is consistent with professional skill and care and the orderly
progress of the Project. The Architect shall submit for the Owner's approval a schedule for the peIformance of the Architect's
services which may be adjusted as the Project proceeds. This schedule 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.
1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project.
1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1.
AlA DOCUMENT Blj I-ABBREVIATED OWNER-ARCHITECT AGREEMENT. 1997 EDITION - AlA - COPYRIGHT 1997 - THE AMERICA.'lINSTITUTE OF
ARCHITECTS, 173j NEW YORK AVENUE N. W., WASHINGTON. D.C. 20006-j292. W AR.'lING: Unlicensed photocopying violatcs U.S. copyright laws and will
subject the violator to legal prosecution. This document was electronically produced with pennission of the AlA and can be reproduced without violation until the date of
expiration as noted below.
Electronic Format B151-1997
User Document: LA - 3/8/2000. AlA License Number 113314, which expires on 5/31/2000 - Page #1
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ARTICLE 2 SCOPE OF ARCHITECrS BASIC SERVICES
2.1 DEFINITION
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 Services, and include nonna! structural, 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 tenns of the other, subject to the limitations set fonh in Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall
prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the
scale and relationship of Project components.
2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or
similar conceptual estimating techniques.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program,
schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents
consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural,
structural, mechanical and electrical systems, materials and such other elements as may be appropriate.
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 Documents and any further adjustments in the scope or quality of the
Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner,
Construction Documents consisting of Drawings and Specifications setting fonh in detail the requirements for the construction
of the Project.
2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding fonos, the
Conditions of the Contract, and the form of Agreement between the Owner and Contractor.
2.4.3 The Architect shall advise the Owner of any adjusunents to previous preliminary estimates of Construction Cost
indicated 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.
2.5 BIDDING OR NEGOTIATION PHASE
The Architect, following the Owner's approval of the 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
contracts for construction.
2.6 CONSTRUCTION PHASED-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 initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final
AlA DOCUMENT B151-ABBREVIATED OWNER-ARCHITECT AGREEMENT. 1997 EDITION - AlA - COPYRIGHT 1997. THE A.\ofERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N. W.. WASHINGTON. D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. cop)right laws and will
subject thc violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation unlilthe date of
clI:piration as noted below.
Electronic Format B151-1997
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~ertifi.cate for Payment or 60 days afte. date of ~ubstantial Completion of the Work.e
2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA
Document AlOI, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless
otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract
Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or
approved in writing by the Architect.
2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph 2.6 shall not be restricted,
modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will
not be unreasonably withheld.
2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of 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 amendment.
2.6.5 The Architect, as a representative of the Owner, shaH visit the site at intervals appropriate to the stage of the
Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (1) to become generally familiar
with and to keep the Owner infonned about the progress and quality of the portion of the Work completed. (2) to endeavor to
guard the Owner against defects and deficiencies in the Work, and (3) to detennine in general if the Work is being perfonned
in a manner indicating that the Work, when fully completed, will be in accordance 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. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely
the Contractor's rights and responsibilities under the Contract Documents.
2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent
construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure
to perfonn the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the
Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or
omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities perfonning
portions of the Work.
2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress.
2.6.8 Except as otherwise provided in this Agreement or when direct conununications have been specially authorized, the
Owner shall endeavor to conununicate with the Contractor through the Architect about matters arising out of or relating to the
Contract Documents. Conununications by and with the Architect's consultants shall be through the Architect.
2.6.9 CERTIFICATES FOR PAYMENT
2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts.
2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's
evaluation of the Work as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for
Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, infonnation and
belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (I) to
an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of
subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and
(4) to specific qualifications expressed by the Architect
2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (I) made exhaustive or
continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods,
techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers
AlA DOCUMENT B1S1-ABBREVIATED OWNER-ARCHITECT AGREEMENT. 1997 EDITION. AlA - COPYRIGHT 1997. TIlE AMERICAN INSnnrrE OF
ARCHITECTS, 173S NEW YORK. A VENUE N. W., WASHINGTON. D.C. 20006..5292. WARNING: Unlicensed photocopying violatcs U.S. copyright laws and will
subject the "iolator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the dale of
expiration as noted b.:low.
Electronic Format B15I-I997
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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.
2.6.10 The Architect shall have authority to reject Work that does not confonn to the Contract Documents. Whenever the
Architect considers it necessary or advisable, the Architect shall have authority to require inspection or testing of the Worle in
accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed.
However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such
authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment
suppliers, their agents or employees or other persons or entities perfonning portions of the Work.
2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop
Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with infonnation 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 activities of the Owner, Contractor or separate contractors, while allowing sufficient
time in the Architect's professional judgment to pennit adequate review. Review of such submittals is not conducted for the
purpose of detennining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating
instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as
required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless
otherwise specifically slated by the Architect. of any 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.
2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are
specifically required of the Contractor by the Contract Documents, the Architect shall specifY appropriate performance and
design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by
the design professional retained by the Contractor shall bear such professional's written approval when submitted to the
Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or
approvals perfonned by such design professionals.
2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and
data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3. for the Owner's approval and
execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract
Documents.
2.6.14 The Architect shall conduct inspections to detennine the date or dates of Substantial Completion and the date of final
completion, shall receive from the Contractor and forward to the Owner, for the O\mer's review and records, written warranties
and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate
for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents.
2.6.15 The Architect shall interpret and decide matters concerning performance of the O\mer and Contractor under, and
requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such
requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the
Contract Documents and shall be in writing or in the fonn of drawings. When making such interpretations and initial
decisions, the Architect shall endeavor to secure faithful performance by both O\\'ner 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 Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and
Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect
shall be final if consistent with the intent expressed in the Contract Documents.
2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except
AlA DOCUMENT Bl.H.ABBREVIATED OWNER-ARCHITECT AGREEMENT .01997 EDITION. AlA - COPYRIGHT 1997. THE A..\.fERlCA..'lINSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON. D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will
subject the violator to legal prosecution. This document was electronically produced with permis..ion of the AI A and can be reproduced without violation until the date of
expiration as noted below.
Electronic Fonnat BlSl-1997
User Document: LA -- 3/8/2000. AlA License Number 113314, which expires on 5/31/2000 - Page #4
f~r those relating to aesthetic e1fect,attrovided in Subparagraph 2.6.17, shall be at to mediation and aIbitration 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. The services
described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services
described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's
control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services
described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner
indicates in writing that all or part of ~ch Contingent Additional Services are not required, the Architect shall have no
obligation 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 carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be
compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project
Representatives shall be as described in the edition of AlA Document B352 current as of the date of this Agreement, unless
otherwise agreed.
3.2.3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to pro\<ide further
protection 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 necessary by
adjustments in the Owner's program or Project budget;
.2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such
docwnents; or
.3 due to changes required as a result of the Owner's failure 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, quality,
complexity, the Owner's schedule. or the method of bidding or negotiating and contracting for construction, except for services
required under Subparagraph S.2.S.
3.3.3 Preparing Drawings, Specifications and other documentation 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 substitutions 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
furnishing 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
AlA DOCUMENT BIS I-ABBREVIATED OWNER-ARCHITECT AGREEMENT - 1997 EDITION - AlA. COPYRIGHT 1997 -mE AM:ERlCAN' INSTITUTE OF
ARCHITECTS, 173S NEW YORK AVENUE N.W., WASHINGTON. D.C. 20006-5292. WAR."lING: Unlicensed photoc:opying violates U.S. copyrigbtlaws and will
subject the violator to legal prosecution. This doc:ument was electronically produced with pennission of the AlA and can II.: reproduced without violation until the date of
expiration as noted II.:low.
Electronic Format B151-1997
User Document: LA - 3/8/2000. AlA License Number 113314, which expires on 5/31/2000 - Page #S
Contractor, or by failure of perfOnnance.ither the Owner or Contractor under the Coat 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, a dispute resolution proceeding or a 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,
negotiation or construction prior to the completion of the Construction Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's. needs and progranuning the requirements of the Project
3.4.2 Providing financial feasibility or other special studies.
3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities
or others having jurisdiction over the Project.
3.4.5 Providing services relative to future facilities, systems and equipment.
3.4.6 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 infonnation furnished by the Owner.
3.4.8 Providing coordination of construction perfonned by separate contractors or by the Owner's own forces and
coordination of services required in connection with construction perfonned and equipment supplied by the Owner.
3.4.9 Providing services in connection with the work of a construction 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 offurniture, furnishings and related equipment.
3.4.14 Providing services for planning tenant or rental spaces.
3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing
facilities.
3.4.16 Preparing a set of reproducible record drawings showing 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.
AlA DOCUMENT Bl.H-ABBREVIATED OWNER.ARCHITECT AGREEMENT. 1997 EDmON - AlA - COPYRIGHT 1997 - TIiE AMERICAN INSTI1VI'E OF
ARCHITECTS. 1735 NEW YORK AVENUE N.W.. WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will
subject the "iolator to legal prosecution. This docummt was electronically produced with permission of the AlA and can be reproduced without violation until the date of
el-,:piration as noted below.
Electronic Fonnat B151-1997
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3.4.18 Providing services after issualt to the Owner of the final Certificate for .ent, or in the absence of a final
Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work.
3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering
portions of the Project provided as a part of Basic Services.
3.4.20 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
4.1 The Owner shall provide full infonnation in a timely manner regarding requirements for and limitations on the Project,
including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space
requirements and relationships, flexibility; expandability, special equipment, systems and site requirements. The Owner shall
furnish to the Architect, within 15 days after receipt of a written request, infonnation necessary and relevant for the Architect to
evaluate, give notice of or enforce lien rights.
4.2 The Owner shall establish and periodically 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 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner
or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect
in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services.
4.4 The Owner shall furnish surveys to describe 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 restrictions, boundaries and contours of the site; locations, dimensions and necessary
data with respect 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.
4.5 The Owner shall furnish the senices of geotechnical engineers when such services are requested by the Architect. Such
services may include but are not limited to test borings, test pits, detenninations of soil bearing values, percolation tests,
evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating
subsoil conditions, with reports and appropriate recommendations.
4.6 The Owner shall furnish the services of consultants other than those designated in Paragraph 4.5 when such services are
requested by the Architect and are reasonably required by the scope of the Project.
4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; ~-fef ha:aflieus
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 services that may be necessary at any time for the Project to
meet the Owner's needs and interests. Such senices shall include 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 4.4 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 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the
Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service.
AlA DOCUMENT BI51-ABBREVlATED OWNER-ARCHITECT AGREEMENT - 1997 EDITION - AlA. COPYRIGHT 1997 - THE AMERICAN INSTlTtJI"E OF
ARCHITECTS, 1735 NEW YORK AVENUE N. W.. WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violalCS U.S. copyright laws and will
subjcc:t the violator to legal prosec:utiolL This document was elec:tronically produced with pennission of the AlA and can be reproduced without violation until the date of
expiration as noted below.
Electronic Fonnat B151-1997
User Document: LA -- 3/8/2000. AlA License Number 113314, which expires on 5/31/2000 - Page #7
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ARTICLE 5 CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the
Owner of all elements of the Project designed or specified by the Architect.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and
equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or
supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable
allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market
conditions at the time of bidding and for changes in the Work.
5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the
land, rights-of-way and financing or other costs that are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates of
Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with
the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor,
materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or
negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will
not vary from the Owners Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the
Architect.
5.2.2 No fi.xed 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 pennitted to include contingencies for design. bidding and price
escalation, to detennine what materials, equipment, component systems and types of construction are to be included in the
Contract Documents, to make reasonable adjusunents in the scope of the Project and to include in the Contract Documents
alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in
the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction.
5.2.3 If the Bidding 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.
5.2.4 If a fixed limit of Construction Cost (adjusted as provided 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 limit;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 tenninate in accordance with Paragraph 8.5; 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 compensation, shall modify the
documents for which the Architect is responsible under this Agreement as necessary to comply \\ith the fixed limit, if
established as a condition of this Agreement. The modification of such documents without cost to the Owner s~ be the limit
of the Architect's responsibility under this Subparagraph 5.2.5. The Architect shall be entitled to compensation in accordance
with this Agreement for all services performed whether or not the Construction Phase is commenced.
AlA DOCUMENT BI5 I.ABBREVIATED OWNER-ARCHITECT AGREEMENT - 1997 EDITION. AlA - COPYRIGHT 1997 - THE AMERICAN INSTI1UI"E OF
ARCHITECTS, 1735 NEW YORK AVENUE N. W.. WASHINGTON. D.C. 20006-5292. WAR..'lING: Unlicensed photocopying violalcs U.S. copyright laws and \\0;11
subject the violator to legal prosecution. This document was electronically produced with pennission of the AlA and can be reproduced without violation until the date of
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ARTICLE 6 USE OF ARCHITECTS INSTRUMENTS OF SERVICE
6.1 Drawings, specifications and other documents, including those in electronic fonn, prepared by the Architect and the
Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's
consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law,
statutory and other reserved rights, including copyrights.
6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's
Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall
comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain
similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this
Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from
making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all
originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of
this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the
Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make
changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the
Project.
6.3 Except for the licenses granted in Paragraph 6.2, no other license or right shall be deemed granted or implied under this
Agreement The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another
party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor,
Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of
Service appropriate to and for use in their execution of tlle Work by license granted in Paragraph 6.2. Submission or
distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the
Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants.
The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects. unless
the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the
Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants.
6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner pro\'iding to the
Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate
written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data,
including any special limitations or licenses not othenvise provided in this Agreement.
ARTICLE 7 DISPUTE RESOLUTION
7.1 MEDIATION
7.1.1 Any elaim, displ:ite er ether matter iR tl1:lestiaR arisiag el:lt af af related 1a this Agreemeat shaH be subjeet ta mediatieR
as a esaditiaa pfeeeeeRt ta arni~tieR sr the iastitutiaa af legal af eq1:lih!ble flraeeeEliags by either part)'. If sucR matter relates
ta af is the subjeet ef a lieR arisiRg eut sf the Ardliteet's sen1ces, the Arehitect may preeeea iR aeeeRiaBee ..vith applieable law
te eamply vyim the lieR Relice ar filiRg aeaEiliJl:es priar te FeselutiaR ef the matter By meEiiatieR er By ar9i~tieR.
7.1.2 =Rle-QwRef-ana i\FelHteet-sftall eRaea\'er-te resel','e claims, aisputes-aaQ~ matters-iR quest:iaR getweeR~-er
meaiatieR wilieR, 1:Hlless the parties mumally agree ethemise, shall ee iR accordaaee ....ith the CeRst."1.IetiaJl: IREiust::ry MeEHauaa
RHles ef tile .\merieaH J' Aitfat:iaR l\ssaeiatiaR eWl'eRt:ly iR eft"est. Request far meEliat:iaa shall be filea iR writiRg ';Am the ather
paHy ta this t.gFeemeRt and V.1m the .'\meAeaa Mi~tieR MseciatieR. The r-eq1:lest may Be made eaReH:R'eRUy with t:lte SHRg
sf -it dem&:R6 -fef arili~tieR ~ -iR -sueR -eYeM;- meaialiea -shall pFeceed -ift ad','aAee 4 arbiuatiaR""* -Iegal""* etitHtable
preeeedisg5, whish shall be stayea peawJl:g meEliatieA fer a peried af (!jQ aays frem the date ef filiRg, 1:lJl:less starea far a laRger
peRas 9Y 8gFeemeAt eftfte parties ar selHt erder.
7.1.3 The parties shall share the meEliater's fee BAd ~. filing fees eqt:ta:lly. The meEliatiea shall ge held ia the plase '.vRere
AlA DOCUMENT BUI-ABBREVlATED OWNER-ARCHITECT AGREEMENT. 1997 EDmON. AIA- COPYRJGHT 1997. THE AMERJCAN INSTI1UI"E OF
ARCHITECTS, 173' NEW YORK AVENUE N.W.. WASHINGTON. D.C. 20006-'292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will
subject the violator to legal prosecution. This document WlIS electronically produced with permission of the AlA and can be reproduced without violation until the date of
ell:piration lIS noted below.
Electronic Format B151-1997
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llie Prejeet is leeated, liRless aflamer le!R is mutually agreed HpaR. :\.gFeemeRts reae.in mediabaR sHaD Se enfefGeaele 85
setdemeRt &greeBleRts ia any eetHt RaViRg jw:isEiietiaa thereaf.
7.2 ARBITRATION
7.2.1 My ~ wSPyte -ef ~ -fIHKtef -ia EJ,HestieR -afi.si.Hg -&tit -ef -ef ~ -t6 4ftis Ageef8e8t ~ -ge -su9jeel-te-
lHtitfatiaR. PRar ta lHtitfaaeR, the parties shall eRdeavar ta reselve disputes hy meaiatiaR in aeeaFEiaBee "lAth Paragmpk 7.1.
7.2.2 Claims, diSJlutes afld ether mat:ters iR E(HestieR hetweeR the parties that are Rat resel\"ed hy mediatia8 shall Se deeiEleEi
~ aItitfat:i:aB -wftieft; -HBIess -tfte ~ mHmally ~ ethenvise, -sftaH -ge -iR aec:erElaHee -with. Cel15t."'UeUeR lRdtt!1Jy
.\ri3itf8tiea-R-ules-ef-t:he American .\ri3it:FalieR AsseeialiaR elHTeRtly-ia~-=Rte demand-fef amitfaaeR~-ge-4ileEl-iB-
wRa8g vAlli the ather party te this .\greemeRt aHa .."ith me i\merieaH 1'.rbitfat:ien :\sseeiat:ieR.
7.2.3 A Elemana-fef lHtitfatieR-5RaH~-maee~-a reasenahle-ttme-afteF-tfte claim., dispute ef edlef matter iR lI8est:ieR
Bas an5eR. IB. Re eveRt shall tae demaRd fer artlil:fatiaa he made after the Elate wheR iRSt1h1l:ieR ef legal af eEjU:itahle preeeediBgs
haseEI aR Slieh elaim. dispHle af amer matter iR E(HestiaR wawa he halTed by the applieal:lle staftite ef limitat:iaRS.
7.2.4 Ne a:F9itnlliaB arising -&tIt-ef-ef relatiRg -te-f:IHs .\greemeRt -5haH iRelHde, -by eeRSeliElat:ieR -ef jainder-ef-ia-aay~
JBaf".:Ref, aR aeaiaeaal peisen er entity Ret a pany to this .'\greemeRt, except by wriueR censeRt centaiaing a specifie refereRee
le 4:ftis .\greemeRt -aRd -sigBeEI-by -t:he Ov.ller, Ar(;hitect, -afKi -aRf ~ -peF59R -ef ~ -seughl-t6 -ge -jetRef:i- Censent-te-
aRlitfBtiaR iBveh<iag-llfl adcl:itienal-pef5&R-ef~-sftaH-Rel ceRSt1tute C9nseRt-te arbiu:at:ieR-ef-aay4aim; d:ispHte-ef~
matter ia lI8estieR net aeserihed iR the ~TitteR ceRseRt er i\ith a perseR er eRtit')' Ret Ramed or descMed thereia. The feregeiag
agreement te areitfate aRd ether agr~emeRts te aF9il:fate ...ith an addilieRal peIseR er eRtity dyl:; ee85eRtea te hy parties te this
Agreement shaUSe specifieaHy enferceable iR aeceFdaRce '.\ith applical:lle I a'.'" in aHY COI:Ht haviRgjwisEl:iet:ieR ther~ef.
7.2.5 The av:ara renderea &}' the arbitrater er arl'litratars shall be final, aHa jHagment may he enter~a ypeR it in aeearElance
....ita appliea1:lle law in aB}' eeurtRa"ling jwisdictien ther~ef.
7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Architect and Owner waive consequential damages for claims, disputes or other maners in question arising out of or
relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either
party's termination in accordance with Article 8.
Insert A: 7.4 DISPUTE RESOLUTION: The Darties \\-ill anemDt in good faith to resolve any controversy or claim arising' out of or
relating' to this agyeement DromDtlv by neg'otiation between senior executives of the Darties who have authority to settle the
controversy. The disuuting' Dartv shalllrive the other Dartv written notice of the disuute. Within ten dayS after receiDt of said notice.
the receiving' Dartv shall submit to the other a wrinen reSDOnse. The notice and resuonse shall include (a) a statement of each Dartv'S
DOsition and a summary of the evidence and anruments suDDorting its Dosition. and (b) the name and title of the executive who will
reDresent that Dartv. _ The executives shall meet~ a mutually acceotable time and olace v,;thin twenty dayS of the date of the
disoutine Dartv'S notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attemot
to resolve the disoute. If the controverSY or claim has not been resolved within thirtY days of the meeting of the senior executives.
the tmties shall endeavor to settle the disuute..Qy mediation under the Center for Public Resources Model Procedure for Mediation
for Business Disuutes or Dursue amicable termination. _ If the matter has not been resolved Dursuant to the aforesaid mediation
Drocedure within sixtY dayS of the commencement of such Drocedure. (which Deriod may be extended by mutual agyeement). or if
either Dartv will not DarticiDate in such Drocedure. the Darties shall Dursue amicable tennination.
ARTICLE 8 TERMINATION OR SUSPENSION
8.1 If the Owner fails to make payments to the Architect in accordance \\.ith this Agreement, such failure shall be considered
substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of
services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall
give seven days' written notice to the Owner. In the event of a suspension of selVices, the Architect shall have no liability to the
Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect
shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's
services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted.
AlA DOCUMENT BI51-A8BREVlATED OWNER-ARCHITECT AGREEMENT. 1997 EDITION. AlA. COPYRIGHT 1997 - TIlE A,\iERICAN' INSTITIrrE OF
ARCHITECTS, 1735 NEW YORK AVENUE N. w.. WASHINGTON. D.C. 20006.5292. WARNING: Unlicensed photoCopying violala U,S. copyright laws and will
subject the violator to legal prosecution. This document was electronically produced wilit permission of lite AlA and can be reproduced without violation until the date of
e:\-piralion as noted bdow.
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8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services
peIfonned prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses
incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the
time schedules shall be equitably adjusted.
8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may
terminate this Agreement by giving not less than seven days' written notice.
8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail
substantially to perfonn in accordance with the tenns of this Agreement through no fault of the party initiating the termination.
8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the
Owner's convenience and without cause.
8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services perfonned prior to
termination. together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7.
8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly
attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated
profit on the value of the services not perfonned by the Architect.
ARTICLE 9 MISCELLANEOUS PROVISIONS
9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless othemise provided
in Article 12.
9.2 Tenns in this Agreement shall have the same meaning as those in the edition of AlA Document AlOl, General Conditions
of the Contract for Construction. current as of the date of this Agreement.
9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued
and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts
or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or
failures to act oc~ng after Substantial Completion. In no event shall such statutes of limitations commence to run any later
than the date when the Architect's services are substantially completed.
9.4 To the extent damages are covered by property insurance during construction. the Owner and Architect waive all rights
against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights
as they may have to the proceeds of such insurance as set forth in the edition of AlA Document AlOi, General Conditions of
the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall
require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other panies
enumerated herein.
9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the
other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect
to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement \\ithout the written
consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the
Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall
execute all consents reasonably required to facilitate such assigmnent.
9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and.supersedes all
prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both Owner and Architect.
AlA DOCUMENT Bl.51-ABBREVIATED OWNER-ARCHITECT AGREEMENT. 1997 EDITION. AlA - COPYRIGHT 1997. THE A,.\fERICA."I INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N. w., WASHINGTON, D.C. 20006-5292. W AR.'lING: Unlicensed photocopying violates U.s. copyright laws and will
subject the violator to legal prosecution. This document was electronically produced with pennission of the AlA and can be reproduced without violation until the date of
expiration as noted below.
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9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third
party against either the Owner or Architect.
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 exposure of persons to hazardous materials or toxit substances in any
form at the Project site.
9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the
Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to
make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary
information if the Owner has pr~iously advised the Architect in writing of the specific infonnation considered by the Owner to
be confidential or proprietary. The Own~r shall provide professional credit for the Architect in the Owner's promotional
materials for the Project.
9.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted
to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to
execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement.
ARTICLE 10 PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the ponion of
the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other
statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses
incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following
Clauses:
.1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic
communications~
.2 fees paid for securing approval of authorities having jurisdiction over the Project;
.3 reproductions, plots, standard fonn documents, postage, handling and delivery of Instruments of Service;
.4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner;
.5 renderings, models and mock-ups requested by the Owner;
.6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional
insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the
Architect's consultants~
.7 reimbursable expenses as designated in Article 12;
.8 other similar direct Project-related expenditures.
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.
AlA DOCUMENT BlSl-ABBREVIATED OWNER-ARCHITECT AGREEMENT. 1997 EDITION. AlA. COPYRIGHT 1997 - THE AMERICAN' INSTITIJTE OF
ARCHITECTS, 173S NEW YORK AVENUE N. W., WASHINGTON, D.C, 20006.S292. W ARNlNG: Unlicensed photoc:opying violates U.S. copyright laws and will
subject the violator to legal prosecution. This document was el~ctronically produced with p~rmission of the AlA and can be reproduced without violation until the date of
expiration as not~d below.
Electronic Fonnat B151-1997
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10.3.2 Subsequent payments for ~asic Services shall be made monthly and. where applicable, shall be in proportion to
services performed within each phase of service, on the basis set forth in Subparagraph 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 services rendered during the additional period oftime shall be
computed in the manner set forth in Subparagraph 11.3.2.
10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or
otherwise not constructed. compensation for those portions of the Project shall be payable to the extent services are performed
on those portions, in accordance with the schedule set forth in Subparagraph 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 portions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon
presentation of the Architect's statement of services rendered or expenses incurred.
10.5 PAYMENTS WITHHELD
No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums
withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the
Architect has been adjudged to be liable.
10.6 ARCHITECrS ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of
hourly rates or a multiple of Direct Personnel Expense shall be available 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 An Initial Payment of Five Hundred Dollars ($ 500.00 ) shall be made upon execution of this Agreement and
credited to the Owner's account at final payment.
AlA DOCUMENT Bl'l-ABBREVlATED OWNER-ARCHITECT AGREEMENT. 1997 EDmON - AlA. COPYRIGHT 1997. THE AMERICAN INS1TI1ITE OF
ARCHITECTS, 173' NEW YORK AVENUE N. W., WASHINGTON, D.C. 20006-5292. W AR..'1ING: Unlicensed photocopying violates U.S. copyright laws and will
subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the dale of
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11.2 BASIC COMPENSATION
11.2.1 For Basic Senices, 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:
(Insert basis of compensatian. inclMding stipu/Q/ed mms, mllltiples or percentages. and identifY phases /0 which partiCII/Qr me/hods of compensation apply. if
necessary.)
11.2.1.1 Schematic Desim (Study & Preliminary ReDOrt)
A._Roofing consultant inyestiRation. ohotos & reDOrt on
3 oroiects by BridRes & Co. International
B. Schematic desim scooe for 3 oroiects bv DCW Architects. Inc.
S11.187.00
S 900.00
$12.087.00
11.2.1.2 Desim Develooment
A. Roofing consultant details & recommended
manufacturer's soecification for 3 oroiects
by BridRes & Co. International $11.088.00
B. Desie:n develooment olans. details. outline soecifications
_ & statement of orobable cost for 3 oroiects by DCW Architects. Inc. S 1.035.00
C. Hazardous material (asbestos) tests for
3 oroiects by Professional Services Industries. Inc. S 825.00
$12.948.00
11.2.1.3 Construction Documents for biddinR & building oennit
Plans. details. & soecification by DCW Architects. Inc.
& undated statement of orobable cost.
($25.935/267.844 =.0968) TOTAL DESIGN PHASE
$ 900.00
S25.935.oo
11.2.1.4 Bid Phase (based on one Reneral contract)
A. Roofing consultant bid form. unit orice schedules bv
Bridges & Co. International
B. Bidding auestions. addenda & evaluation of bids bv
DCW Architects. Inc.
S 325.00
$ 200.00
$ 525.00
11.2.1.5 Construction Phase (one general contract)
A. Periodic observation & reDOrts of roofinR work in oroe:ress
on 3 oroiects by Bridges & Co. International.
B. Coordination of shoo drawing & samole submittals. warranties.
_observation reoorts & review of certificate of oavrnents
by DCW Architects. Inc.
C. Inspection & certification of 2 Droiects for insurance reauirements.
*$ 7.100.00
0.775.00)
$ 745.00
*S 2.695.00
673.75)
($11.065/267.844 = .0413)
TOTAL BID & CONSTRUCTION PHASE
$10.540.00
SI1.065.00
TOTAL BASIC SERVICES
*Reduce by 25% if Sylvan Beach Pavilion is deleted.
11.2.2 Where compensation is based on a stipulated sum or percentage of ConsUllction Cost, progress payments for Basic
Services in each phase shall total the following percentages of the total Basic Compensation payable:
$37.000.00
AlA DOCUMENT BI5I-ABBREVlATEO OWNER-ARCHITECT AGREEMENT. 1997 EomON - AlA - COPYRIGHT 1997 - THE AMERICAN lNSTITUI'E OF
ARCHITECTS, 1735 NEW YORK AVENUE N. W., WASHINGTON. D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will
subject the violator to legal prosecution. This document wa.~ electronically produced with permission of the AlA and can be reproduced without violation until the da~ of
expiration as noted below.
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Schematic Design Phase:
Design Development Phase:
ConstJUction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
Thirtv-three percent III %)
Thirtv-five oercent (3S %)
Two & one-halfoercent ad %)
One & one-halfDercent ad %)
Twentv~ight Dercent (28 %)
Total Basic Compensation:
one hundred percent (100%)
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2, compensation shall be
computed as follows:
Not aoolicable.
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 and multiples of Direct Personnel Erpense for Principals and employees, and identifY Principals and classifY
employees. ifrequired. IdentifY specific services to which particular methods of compensation apply, if necessary.)
Architect Princioal $41.32 OPE X 2.2 = $90.90 / hr
Architect Proiect $32.23 OPE X 2.2 = $70.90 / hr
Grad. Architect CADO $21.70 DPE X 2.2 = $47.74/ hr
Clerical $ 8.26 OPE X 2.2 = $18.16/ hr
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 one tenth ( 1.10 ) times the amounts billed to the Architect for such services.
(IdentifY specific types of consultants in Article J 2. if required.)
11.4 REIMBURSABLE EXPENSES
For Reimbursable Expenses, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable
Expenses, a multiple of one ( 1 ) times the expenses incurred by the Architect, the Architect's employees and consultants
directly related to the Project. Allowance: $1.200.00
11.5 ADDITIONAL PROVISIONS
11.5.1 If the Basic Services covered by this Agreement have not been completed within three ( 1 ) months of the date hereof,
through no fault of the Architect, extension of the Architect's services 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 fifteen ( 15 ) days from the date of the Architect's invoice. Amounts unpaid sixtY ( 60 )
days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from
time to time at the principal place of business of the Architect.
(Insert rate ofinterest agreed upon.)
Prime + 2%
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and
Architect's principal places of business. the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be
obtained with respect to deletions or modifications. and also regarding requirements such as wrinen disclosures or waivers.)
11.5.3 The rates and multiples set rOM for Additional Services shall be adjusted in accordance with the nonnaI salary review
practices of the Architect.
ARTICLE 12 OTHER CONDITIONS OR SERVICES
(Insert descriptions of other services. identifY Additional Services incbided within Basic Compensation and modifications to the payment and compensation terms
included in this Agreement.)
12.1 Architect shall maintain the following minimum levels of insurance coveraee:
AlA DOCUMENT BI5I.ABBREVIATED OWNER.ARCHITECT AGREEMENT. 1997 EDITION. AlA. COPYRIGHT 1997 .THE AMERlCAt"lINSTIThTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N. W., WASHINGTON. D.C. 20006-5292. WARNING: Unlicensed photocopying violalcs U.S. copyright laws and will
subjet:t the violator to legal prosecutioo. This doc:wncnt was elcdrOnically produc:cd with pcnnission of the AlA and can be reproduced without violation uutil the dale of
expiration as noIcd below.
Electronic Format B151-1997
Al!l!I'eute I Occurrence L $1.000.000
Auto Liability (hired I non-owned) S1.000.000
Professional liability $1.000.000 I $1.000.000
This Agreement entered into as of the day and year first written above.
e
City of La Porte. TexasaJ.~ f. \-\~
OWNER (SignQlUre)
DCW Architects. Inc.
ROBerT (. I~er\cct
~ftUd ZS:;"),-/;ftJ ~ f' (
;r;~
Conrad G Walton AlA Princinal
(printed nQme Qnd title)
The Texas Board of Architectural Examiners;
P.O. Box 12337, Austin, Texas 78711;
Phone (512) 305-9000; has jurisdiction over
individuals licensed under the Architects Registration
Law, Article 249a vcrS.
,VA DOCill.fENT BI51-ABBREVIATED O\\'XER-ARCHITECT AGREE~IENT - 1997 EDITION - AlA - COPYRIGHT 1997 - THE AMERICAN INSTITIrrE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright Jaws and will
subjett the violator to legal prosecu1iOlL This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of
expiration as DOCed below.
ElectronicFonnat B1SI-1997