HomeMy WebLinkAboutO-1993-1880
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ORDINANCE NO. 93-~
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND RAY & HOLLINGTON, ARCHITECTS, FOR
RENOVATIONS TO THE CITY JAIL; APPROPRIATING $8,000.00 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. City Council appropriates the sum of $8,000.00 from
the Capital Improvement Fund 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 by law preceding this meeting,
as required by the Open Meetings Law, Article 6252-17, Texas
Revised civil Statutes Annotated; 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.
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ORDINANCE NO. 93- ] a ao
Page 2
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of January, 1993.
CITY OF LA PORTE
BY~~~~,
Mayor
ATTEST:
Ch~~
City Secretary
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RA'I~~~~N
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RECE',&ED
,318 .3
PLA'NNING
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4 March 1993
Mr. Charles Harrington
Planning Director
City of La Porte
. PO Box 1115
LaPorte, TX 77571
Dear Chuck:
I have attached a signed copy of the agreement between the City and Ray &
Hollington Architects for services related to the renovation of the jail. I will
contact Chief Powell in the next week or so to establish an initial meeting
and get the processing rolling. I'll let you know what we set up and forward
copies of any pertinent correspondence.
Sincerely,
1'f~
Richard P. Hollington IT, AlA
Ray&Hol.Ii.ngton Architects . 2472 Bolsover Suite 357 . Houston, Texas 77005 . Telephone 713/524,6131
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TABLE OF CONTENTS
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TABLE OF CONTENTS
Page(s)
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IDENTIFICATION OF THE PARTIES/PROJECT DESCRIPTION
2
SECTION
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1 BASIC SERVICES OF ARCHITECT
General
Schematic Design Phase
Design Documents Phase
Construction Documents Phase
Bidding or Negotiation Phase
Construction Phase
Operational Phase
1-1 through 1-10
SECTION 2 ADDITIONAL SERVICES OF ARCHITECT 2-1 through 2-3
2.1 Services Requiring Authorization
in Advance
2.2 Required Additional Services
SECTION 3 OWNER'S RESPONSIBILITIES 3-1 through 3-3
SECTION 4 PERIODS OF SERVICE 4-1 through 4-3
SECTION 5 PAYMENT TO ARCHITECT 5-1 through 5-3
SECTION 6 CONSTRUCTION COST AND OPINIONS
OF COST 6-1 through 6-2
6.1 Construction Cost
6.2 Opinions of Cost
SECTION 7 GENERAL CONSIDERATIONS 7-1 through 7-3
7.1 Termination
7.2 Reuse of Documents
7.3 Insurance
7.4 controlling Law
7.5 Successors and Assigns
7.6 Arbitration
SECTION 8 SPECIAL PROVISIONS, EXHIBITS 8-1
AND SCHEDULES
Exhibit A FURTHER DESCRIPTION OF ARCHITECT BASIC A-1 through A-3
SERVICES AND RELATED MATTERS
Exhibit B DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF
THE RESIDENT PROJECT REPRESENTATIVE.
B-1 through B-5
Exhibit C PROJECT ORGANIZATIONAL CHART AND
COMMUNICATION
C-1 through C-2
Exhibit D INSURANCE
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AGREEMENT
BETWEEN
OWNER AND ARCHITECT
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of January 11, 1993, between the City
of La Porte, Texas (OWNER) and Ray and Hollinqton ArChitects, Xnc.
(ARCHITECT). OWNER intends to construct and renovate the existinq
Municipal Jail on the first floor of the H. F. Freeman Police
Headquarters (hereinafter called the PROJECT).
The OWNER and ARCHITECT aqree as set forth below.
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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.
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 Schematic Design 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
arrive 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 economic analysis of various alternatives in writing.
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1.2.6 Based on the mutually agreed-upon program, schedule and
construction budget requirements, the ARCHITECT shall prepare, for
approval by the OWNER, Schematic Design Documents of drawings,
sketches, conceptual/design criteria and other documents
illustrating the scale and relationship of PROJECT components. The
Schematic Design Documents will include the ARCHITECT's opinion of
probable costs for the Project, including the following which will
be separately itemized:
Construction Cost(s):
materials and equipment costs,
materials testing and equipment
costs,
allowances for laboratory testing,
and special inspections,
appropriate contingencies,
allowance for architectural/engineering costs;
estimated expenses for daily project
representation during construction,
appropriate contingencies,
and ( if furnished by OWNER) allowances for such other items as
charges of other professionals and consultants, for the cost of
land and rights-Of-way, for compensation for or damages to
. properties, for interest and financing charges and for other
services to be provided by others for OWNER pursuant to paragraphs
3.7 through 3.11, inclusive. The total of all such costs,
allowances, etc. are hereinafter called "Total project Costs".
1.2.7 Furnish five copies of the Schematic Design documents and
review them in person with OWNER.
The duties and responsibilities of ARCHITECT during the
Schematic Design Phase are supplemented as indicated in paragraph
2 of Exhibit A "Further Descriptions of Basic Services and Related
Matters" .
1.3 Design Development Phase
After written authorization to proceed with the Design
Development Phase, ARCHITECT shall:
1. 3 . 1 In consultation wi th OWNER and based on the approved
Schematic Design documents and any adjustments authorized (in
wri ting) by the OWNER in the program schedule or construction
budget, the ARCHITECT shall determine the general scope, extent and
character of the Project.
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1.3.2 The ARCHITECT shall prepare Design Development documents
consisting of final design criteria, preliminary drawings, outline
specifications and written descriptions of the Project.
1.3.3 Advise OWNER if additional data or services of the type
described in paragraph 3.4 are necessary and assist OWNER in
obtaining such data and services.
1.3.4 Based on the information contained in the Design
Development documents, submit a revised opinion of probable Total
project Costs (as defined in paragraph 1.2.6).
1.3 . 5 Furnish five copies of the above Design Development
documents and present and review them in person with OWNER.
The duties and responsibilities of ARCHITECT during the
Design Development Phase are amended and supplemented as indicated
in paragraph 3 of Exhibit A "Further Description of Basic Services
and Related Matters".
1.3.6 Furnish one set of reproducible of the design drawings to
the OWNER.
1.4 Construction Documents Phase
After wri tten authorization to proceed wi th the Final
Construction Documents Phase, ARCHITECT shall:
1.4.1 Based on the approved Design Development 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 specifications shall be prepared in conformance
with the sixteen division format of the Construction Specifications
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 op1n1on of
probable Total Project Costs (as defined in paragraph 1.2.6) caused
by changes in general scope, extent or character or design
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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 initia11v submit to OWNER the
Contractor Aareement (in the form of AlA document A101) and the
General Conditions of the Contract (in the form of AlA document
A201) for OWNER'S review. comment. modification. and aDDroval.
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:
1.5.1 Following the OWNER's approval of the Construction
Documents and of the latest preliminary estimate of Construction
Cost the ARCHITECT shall assist OWNER in advertising for and
obtaining bids or negotiating proposals for the prime contract for
construction, materials, equipment and services; and, where
applicable, maintain a record of prospective bidders to whom
Bidding Documents have been issued, attend pre-bid conferences and
receive and process deposits for Bidding Documents.
1.5.2 Issue addenda as appropriate to interpret, clarify or
expand the Bidding Documents.
1.5.3 Consult with and advise OWNER as to the acceptability of
subcontractors, suppliers and other persons and organizations
proposed by the prime contractor (herein called "Contractor") for
those portions of the work as to which such acceptability is
required by the Bidding Documents.
1. 5. 4 Consul t with OWNER concerning and determine the
acceptability of substitute materials and equipment proposed by
Contractor when substitution prior to the award of contracts is
allowed by the Bidding Documents.
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1.5.5 Attend the bid opening, prepare bid tabulation sheets and
assist OWNER in evaluating bids or proposals and in assembling and
awarding the contract (s) for construction, materials, equipment and
services.
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The duties and responsibilities of ARCHITECT during the
Bidding or Negotiation Phase are amended and supplemented as
indicated in paragraph 5 of Exhibit A "Further Description of Basic
Services and Related Matters".
1.6 Construction Phase
After written authorization to proceed with the
Construction Phase; ARCHITECT shall:
1.6.1
General Administration of Construction Contract
ARCHITECT shall consult with and advise OWNER and act as
OWNER's representative as provided in the Standard General
Conditions of the Construction Contract (as aooroved bv OWNER oer
oaraaraoh 1.4.4l.
The extent and limitations of the duties, responsibilities and
authority of ARCHITECT as assigned in said Standard General
Conditions shall not be modified, except to the extent provided in
paragraph 6 of Exhibit A "Further Description of Basic Services and
Related Matters" and except as the ARCHITECT may otherwise agree in
wri ting . All of OWNER's instructions to Contractor (s) will be
issued through ARCHITECT who will have authority to act on behalf
of OWNER to the extent provided in said Standard General Conditions
except as otherwise provided in writing.
1.6.2
visits to site and Observation of Construction.
In connection with 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.
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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)' 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.
1.6.4
Interpretations and Clarifications
ARCHITECT shall issue necessary interpretations and
clarifications of the Contract Documents and in connection
therewith prepare work directive changes; and after consultation
with owner, prepare change orders as required for owners review and
approval.
1.6.5
Shop Drawings
ARCHITECT shall review and approve (or take other
appropriate action in respect of) Shop Drawings (as that term is
defined in the General Conditions). Droduct data, sample(s) and
other data which Contractor(s) are required to submit, but only for
conformance with the design concept of the Project and compliance
with the information given in the Contract Documents. Such reviews
and approvals or other action shall not extend to means, methods,
techniques, sequences or procedures of construction or to safety
precautions and programs incident thereto.
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1.6.6
Substitutes
ARCHITECT shall evaluate and determine the acceptability
of substitute materials and equipment proposed by Contractor(s),
but subject to the provision of paragraph 2.2.2. (Required
Additional services)
1.6.7
Inspections and Tests
ARCHITECT shall advise OWNER and OWNER shall approve of
any special inspection or testing of the work, and ARCHITECT shall
receive and review all certificates of inspections, testings and
approvals required by laws, rules, regulations, ordinances, codes,
orders or the Contract Documents (but only to determine generally
that their content complies wi th the requirements of, and the
results certified indicate compliance with the Contract Documents.)
1.6.8
Disputes between OWNER and Contractor
ARCHITECT shall act as initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the work thereunder and make decisions on all
claims of OWNER and Contractor(s) relating to the acceptability of
the work or the interpretation of the requirements of the Contract
Documents pertaining to the execution and progress of the work.
ARCHITECT shall not be liable for the results of any such
interpretations or decisions rendered in good faith.
1.6.9
Applications for Payment
Based on ARCHITECT's on-site observations as an
experienced and qualified design professional, on information
provided by the Resident Project Representative 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 inwritinq 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).
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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 responsibility 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 t~ determine that their
content complies with the requirements of, and in the case of
certificates of inspection, test and approvals the results
certified indicate compliance with, the Contract Documents); and
shall bind, index and transmit them to OWNER together with written
comments.
1.6.11
Inspections
ARCHITECT shall conduct an inspection to determine if the
work is substantially complete and a final inspection to determine
if the completed work is acceptable so that ARCHITECT may
recommend, in writing, final payment to Contractor(s) and may give
written notice to OWNER and the Contractor(s) that the work is
acceptable (subject to any conditions therein expressed), but any
such recommendation and notice will be subject to the limitations
expressed in paragraph 1.6.9.2.
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1.6.12
Limitation of Responsibilities
ARCHITECT shall not be responsible for the acts or
omissions of any Contractor, or of any subcontractor or supplier,
or any of the Contractor(s) or subcontractor's or supplier's agents
or employees or any other persons (except ARCHITECT's own employees
and agents) at the site or otherwise furnishing or performing any
of the contractor(s)' work; however, nothing contained in
paragraphs 1.6.1 through 1.6.11 inclusive, shall be construed to
release ARCHITECT from liability for failure to properly perform
duties and responsibilities assumed by ARCHITECT in the Contract
Documents.
1.7 Operational Phase
During the operational Phase, ARCHITECT shall:
1.7.1 Furnish the deliverable items referred to in
Section 1.6.10 and in the Operational Phase and present and review
them in person with OWNER.
1.7.2 Define in Contract Documents the Contractor(s) (and or
Vendor(s)) responsibility in connection with the start up,
refining, and adjustment of any equipment or system.
1.7.3 Define in Contract Documents the Contractor(s) (and or
Vendor(s)) responsibility for training owners staff to operate and
maintain any equipment or system and for reviewing pertinent
manuals, submittals, shop drawings, and warranties supplied by the
Contractor(s), Vendor(s), or Manufacturer(s) as the case may be.
1.7.4 Coordinate, attend and participate in the start up and
training orientations as described in paragraphs 1.7.2 and 1.7.3.
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.
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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".
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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 Exhibi t 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.
2.1.2 Services to make measured drawings of or to investigate
existing conditions or facilities, or to verify the accuracy of
drawings or other information furnished by OWNER.
2.1.3 Services resulting from significant changes in the
general scope, extent or character of the Project or its design
including, but not limited to, changes in size, complexity, OWNER's
schedule, character of construction or method of financing; and
revising previously accepted studies, reports, design documents or
Contract Documents when such revisions are required by changes in
laws, rules, regulations, ordinances, codes or orders enacted
subsequent to the preparation of such studies, reports or
documents, or are due to any other causes beyond ARCHITECT's
control.
2.1.4
Providing renderings or models for OWNER's use.
2 . 1. 5 Preparing documents for alternate bids requested by OWNER
for Contractor(s) I work which is not executed or documents for out-
of-sequence work.
2.1.6 Investigations and studies involving, but not limited to,
detailed consideration of operations, maintenance and overhead
expenses; providing value engineering during the course of design;
the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; assistance in obtaining
financing for the proj ect; evaluation processes available for
licensing and assisting OWNER in obtaining process licensing;
detailed quantity surveys of material, equipment and labor; and
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audi ts or inventories required in connection with construction
performed by OWNER.
2.1.7 Furnishing services of independent professional
associates and consultants for other than Basic Services (which
include, but are not limited to, customary civil, structural,
technical and electrical engineering and customary architectural
design incidental thereto); and providing data or services of the
types described in paragraph 3.4 when OWNER employs ARCHITECT to
provide such data or services in lieu of furnishing the same in
accordance with paragraph 3.4.
2.1.8 If ARCHITECT's compensation is on the basis of a lump sum
or percentage of Construction Cost or cost-plus a fixed fee method
of payment, services resulting from the award of more separate
prime contracts for construction, materials, equipment or services
for the Project shall be compensated in accordance with paragraph
5.1.2.
2.1.9 Services during out-of-town travel required of ARCHITECT
other than visits to the site or OWNER's office as required by
section 1.
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.
Preparation of a set of reproducible record prints of
drawinqs showinq those siqnificant chanqes made durinq the
construction orocess. based on the marked up prints. drawinqs and
other data furnished' bv Contractor(s) and Resident Pro;ect
Reoresentative to ARCHITECT. Prior to oreoaration of record
drawinqs the ARCHITECT and OWNER will mutual I y aqree on which
chanqes are considered siqnificant.
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 Addi tional 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.
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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.
2.2.2 Services in making revisions to Drawings and
Specifications occasioned by the OWNER's acceptance of
substitutions proposed by Contractor(s); and services after the
award of each contract in evaluation and determining the
acceptability of an unreasonable or excessive number of
substitutions proposed by Contractor.
2.2.3 Services resulting from significant delays, changes or
price increases occurring as a direct or indirect result of
material, equipment or energy shortages.
2.2.4 Additional or extended services during construction made
necessary by (1) work damaged by fire or other cause during
construction, (2) a significant amount of defective or neglected
work of any Contractor, (3) acceleration of the progress schedule
involving services beyond normal working hours, and (4) default by
any Contractor.
2.2.5 Services (other than Basic Services during the operation
Phase) in connection with any partial utilization of any part of
the Project by OWNER prior to Substantial Completion.
2.2.6 Evaluating an unreasonable or extensive number of claims
submitted by Contractor(s) or others in connection with the work.
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SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely a manner so as
not to delay the services of ARCHITECT:
3.1 Designate in writing a person to act as OWNER's
representative with respect to the services to be rendered under
this Agreement. Such person shall have complete authority to
transmit instructions, receive information, interpret and define
OWNER's policies and decisions with respect of ARCHITECT's services
for the Project.
3.2 Provide all criteria and full information as to OWNER's
requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations; and
furnish copies of all design and construction standards which OWNER
will require to be included in the Drawings and Specifications.
3.3 Assist ARCHITECT" by placing at ARCHITECT's disposal all
available information pertinent to the Project including previous
reports and any other data relative to design or construction of
the Project.
3 .4 Furnish to ARCHITECT, as required for performance of
ARCHITECT's Basic Services (except to the extent provided otherwise
in Exhibit A "Further Description of Basic Services and Related
Matters"), the following:
3.4.1 Data prepared by or services of others, including without
limi tat ion 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.
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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 permits 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 issues 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
purpose any Contractor has used the moneys paid under the
construction contract, and such inspection services as OWNER may
require to ascertain that Contractor(s) are complying with any law,
rule, regulation, ordinance, code or order applicable to their
furnishings and performing the work.
3.10 If OWNER designates a person to represent OWNER as the
site who is not ARCHITECT or ARCHITECT's agent or employee, the
duties, responsibilities and limitations of authority of such other
person and the effect thereof on the duties and responsibilities of
ARCHITECT and the Resident Project Representative (and any
assistants) will be set forth in an exhibit that is to be
identified, attached to and made a part of this Agreement before
such services begin.
3.11 If more than one prime contract is to be awarded for
construction, materials, equipment and services for the entire
Project, designate a person or organization to have authority and
responsibility for coordinating the activities among the various
prime contractors.
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3.12 Furnish to ARCHITECT data or estimated figures as to
OWNER's anticipated costs for services to be provided by others for
OWNER (such as services pursuant to paragraphs 3.7 through 3.11,
inclusive and other costs of the types referred to in paragraph
1.2.6) so that ARCHITECT may make the necessary findings to support
opinions of probable Total Project Costs.
3.13 Attend the pre-bid conference, bid
preconstruct ion conferences, construction progress and
related meetings and substantial completion inspections
payment inspections.
3.14 Give prompt written notice to ARCHITECT whenever OWNER
observes or otherwise becomes aware of any development that affects
the scope or timing of ARCHITECT's services, or any defect or
nonconformance in the work of any Contractor.
opening,
other job
and final
3 . 15 Furnish, or direct ARCHITECT to provide, Addi tional
Services as stipulated in paragraph 2.1 of this Agreement or other
services as required.
3.16 During the Operational Phase, the OWNER will document all
warranty items brought to the Contractor's attention in writing to
the ARCHITECT.
3.17 Bear all costs incident to compliance with the
requirements of this Section 3.
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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
wi th 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".
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4.5 ARCHITECT's services under the Schematic Desiqn Phase,
Desiqn 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
OWNER for final acceptance, plus in each case such additional time
as may be required for obtaininq approval of qovernmental
authorities havinq jurisdiction to approve the desiqn of the
Project.
4.6 After acceptance by OWNER of the ARCHITECT's Drawinqs,
Specifications and Construction Documents Phase documentation
includinq the most recent opinion of probable Total Project Cost
and upon written authorization to proceed, ARCHITECT shall proceed
with performance of the services called for in the Biddinq or
Neqotiatinq Phase. This Phase shall terminate and the services to
be rendered thereunder shall be considered complete upon
commencement of the Construction Phase or upon cessation of
neqotiations with prospective Contractor(s) except as may otherwise
be required to complete their services called for in paraqraph
6.2.2.5} .
4.7 The Construction Phase will commence with the execution
of the prime contract to be executed for the work of the Project or
any part thereof, and will terminate upon written recommendation by
ARCHITECT of final payment on the prime contract to be completed.
Construction Phase services may be rendered at different times in
respect of separate prime contracts if the Project involves more
than one prime contract.
4 . 8 The Operational Phase will commence durinq the
Construction Phase and will terminate one year after the date of
Substantial Completion of the prime contract for construction,
materials and equipment on which substantial completion is
achieved.
4.9 If OWNER has requested siqnificant modifications or
chanqes in the general scope, extent or character of the Project,
the time of performance of ARCHITECT's services shall be adjusted
equitably.
4.10 If OWNER fails to qive prompt written authorization to
proceed with any phase of services after completion of the
immediately preceding phase, or if the Construction Phase has not
commenced within 180 calendar days (plus such additional time as
may be required to complete the services called for under paraqraph
6.2.2.5) after completion of the Final Desiqn Phase, ARCHITECT may,
after qivinq seven days written notice to OWNER, suspend services
under this Agreement.
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4.11 If ARCHITECT's services for design or during construction
of the Project are delayed or suspended in whole or in part by
OWNER for more than three months for reasons beyond ARCHITECT's
control, ARCHITECT shall on written demand to OWNER (but without
termination of this Agreement) be paid as provided in paragraph
5.1.1. If such delay or suspension extends for more than one year
for reasons beyond ARCHITECT's control, or if ARCHITECT for any
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 oerformed under more than
one orime contract. the ARCHITECT will be comoensated in accordance
with oaraarach 5.1.2.
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SECTION 5 - PAYMENTS TO ARCHITECT
5.1 OWNER has established an initial construction cost limit
of one hundred thousand dollars ($100,000.00) 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 eiqht thousand
dollars ($8.000.00l. Progress payments for Basic Services in each
phase shall total the following percentages of the total basic
compensation payable:
Construction Documents Phase
Construction Phase
seventv-five percent ( 75%)
twentv-five percent ( 25%)
Total Compensation for Basic Services
$ 8.000.00
5.1.1.2 Should the ARCHITECT'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:
On an hourly basis, using Standard Office Billing Rates
and Categories identified in paragraph 5.5 of this
Agreement, or as mutually agreed between OWNER and
ARCHITECT prior to the commencement of any such services.
5.1.2.1 Resident Project Services. For Services of ARCHITECT's
Resident Project Representative (and assistants) furnished under
paragraph 1.6.2.1., compensation shall be computed as follows:
On an hourly basis, using Standard Office Billing Rates
and Categories identified in paragraph 5.5 of this
Agreement, or as mutually agreed between OWNER and
ARCHITECT prior to the commencement of any such services.
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5.1.2.2 Professional Associates and Consultants. For services
and Reimbursable Expenses of independent professional associates
and consultants employed by ARCHITECT to render Additional Services
pursuant to paragraph 2.1 or 2.2, the amount billed to ARCHITECT
therefor times a factor of 1.10.
5.1. 3 For Reimbursable Expenses. In addition to payments
provided for in paragraphs 5. 1. 1 and 5. 1. 2 , OWNER shall pay
ARCHITECT the actual costs of all Reimbursable Expenses incurred in
connection with all Basic and Additional Services.
5.1.4 The term "Reimbursable Expenses" has the meaning assigned
in paragraph 5.4.
5.2 Times of Payments.
5.2.1 ARCHITECT shall submit monthly statement for Basic and
Additional Services rendered and for Reimbursable Expenses
incurred. The statements will be based upon ARCHITECT's estimate
of the proportion of the total services actually completed at the
time of billing. OWNER shall make prompt monthly payments in
response to ARCHITECT's monthly statements.
5.3 Other provisions Concerning Payments.
5.3.1 If OWNER fails to make any payment due ARCHITECT for
services and expenses within thirty days after receipt of
ARCHITECT's statement therefor, the amount due ARCHITECT will be
increased at the rate of 1% per month from said thirtieth day, and
in addition, ARCHITECT may, after giving seven days' written notice
to OWNER, suspend services under this Agreement until ARCHITECT has
been paid in full all amounts due for services, expenses and
charges.
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.
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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 $0.22/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 additional insurance coverage or limits,
including professional liability insurance, requested by the OWNER
in excess of that normally carried by the ARCHITECT and ARCHITECT's
consultants.
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:
Principals
Staff Level V
Staff Level IV
$80.00
$70.00
$60.00
Staff Level III
Staff Level II
Staff Level I
$50.00
$;40. 00
$30.00
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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SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST
'.
6.1
Construction Cost
The construction cost of the entire proj ect (herein
referred to as IIConstruction Costll) means the total cost to OWNER
of those portions of the entire Project designed and specified by
ARCHITECT, but it will not include ARCHITECT's compensation and
expenses, the cost of land, rights-of-way, or compensation for or
damages to properties, nor will it include OWNER's legal,
accounting, insurance counseling or auditing services, or interest
and financing charges incurred in connection with the Project or
the cost of other services to be provided by others to OWNER
pursuant to paragraphs 3.7 through 3.11, inclusive. (Construction
Cost is one of the items comprising Total project Costs which is
defined in paragraph 1.2.6.)
6.2 Opinions of Cost
6.2.1 Since the ARCHITECT has no control over the cost of
labor, materials, equipment or services furnished by others, or
over the Contractor(s)' methods of determining prices, or over
competi ti ve bidding or market conditions, ARCHITECT's best judgment
as an experienced and qualified professional, familiar with the
construction industry; but ARCHITECT cannot and does not guarantee
that proposals, bids or actual Total Project or Construction Costs
will not vary from opinions of probable cost prepared by ARCHITECT.
If prior to the Bidding or Negotiating Phase OWNER wishes greater
assurance as to Total Project or Construction Costs, OWNER shall
employ an independent cost estimator as provided in paragraph 3.9.
6.2.2 If a Construction Cost limit is established by written
agreement between OWNER and ARCHITECT and specifically set forth in
this Agreement as a condition thereto, the following will apply:
6.2 . 2 . 1 The acceptance by OWNER at any time during the Basic
Services of a revised opinion of probable Total Project or
Construction Costs in excess of the then established cost limit
will constitute a corresponding revision in the Construction Cost
limit to the extent indicated in such revised opinion.
6.2.2.2 Any Construction Cost limit so established will include
a contingency of five percent unless another amount is agreed upon
in writing.
6.2.2.3 ARCHITECT will be permitted to determine what types of
materials, equipment and component systems are to be included in
the Drawings and Specifications and to make reasonable adjustments
in the general scope, extent and character of the Project to bring
it within the cost limit.
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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 shall 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 Der DaraaraDh 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 enti tIed to payment for services in accordance wi th this
Agreement and will not otherwise be liable for damages attributable
to the lowest bona fide proposal or bid exceeding the established
Construction Cost.
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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 proj ect is completed. ARCHITECT shall supply a set of
reproducible record drawings for the OWNER in accordance wi th
section 1.3.6. OWNER may make and retain copies for information
and reference in connection wi th 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
indemnify and hold harmless ARCHITECT and ARCHITECT's independent
professional associates and consultants from all claims, damages,
losses and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will
entitle ARCHITECT to further compensation at rates to be agreed
upon by OWNER and ARCHITECT.
7.3 Insurance
During term of this agreement, ARCHITECT shall maintain
levels of insurance as described in Exhibit D.
7.3.1 ARCHITECT shall procure and maintain insurance for
protection from claims under worker's compensation acts, claims for
damages because of bodily injury, sickness or disease or death of
any and all employees or of any person other than such employees,
and from claims or damages because of injury to or destruction of
property including loss of use resulting therefrom.
7.4 Controlling Law
This Agreement is to be governed by the law of the principal place
of business of OWNER.
7.5 Successors and Assigns
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7:. 5 . 1 OWNER and ARCHITECT each is hereby bound and the
partners, successors, executors, administrators and legal
representatives of OWNER and ARCHITECT (and to the extent permitted
by paragraph 7.5.2 the assigns of OWNER and ARCHITECT) are hereby
bound to the other party to this Agreement and to the partners,
successors, executors, administrators and legal representatives
(and said assigns) of such other party, in respect of all
covenants, agreements and obligations of this Agreement.
7.5. 2 Neither OWNER nor ARCHITECT shall assign, sublet or
transfer any rights under or interest in (including, but without
limitation, moneys that may become due or moneys that are due) this
Agreement without the written consent of the other, except to the
extent that any assignment, subletting or transfer is mandated by
law or the effect of this limitation may be restricted by law.
Unless specifically stated to the contrary in any written consent
to an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under this Agreement.
Nothing contained in this paragraph shall prevent ARCHITECT from
employing such independent professional associates and consultants
as ARCHITECT may deem appropriate to assist in the performance of
basic services hereunder.
7.5.3 Nothing under this agreement shall be construed to give
any rights or benefits in this Agreement to anyone other than OWNER
and ARCHITECT, and all duties and responsibilities undertaken
pursuant to this Agreement will be for the sole and exclusive
benefit of OWNER and ARCHITECT and not for the benefit of any other
party.
7.6 Arbitration
7.6.1 All claims, counterclaims, disputes and other matters in
question between the parties hereto arising out of or relating to
this Agreement or the breach ther~of will be decided by arbitration
in accordance with the Construction Industry Arbitration Rules of
the American Arbitration Association then obtaining, subject to the
limitations and restrictions stated in paragraphs 7.6.3 and 7.6.4
below. This Agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this paragraph 7.6 will be specifically enforceable
under the prevailing law of any court having jurisdiction.
7.6.2 Notice of demand for arbitration must be filed in writing
with the other parties to this Agreement with the American
Arbitration Association. The demand must be made within a
reasonable time after the claim, dispute or other matter in
question has arisen. In no event may the demand for arbitration be
made after the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in
question would be barred by the applicable statue of limitations.
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7.6.3 All demands for arbitration and all answering statement
thereto which include any monetary claim must contain a statement
that the total sum or value in controversy as alleged by the party
making such demand or answering statement is not more than $200,000
(exclusive of interest and costs) and the arbitrators will not have
jurisdiction, power or authority to render a monetary award in
response thereto against any party which totals more than $200,000
(exclusive of interest and costs). The arbitrators will not have
jurisdiction, power or authority to consider, or make finding
(except in denial of their own jurisdiction) concerning any claim,
counterclaim, dispute or other mater in question where the amount
in controversy of any such claim, counterclaim, dispute or matter
is more that $200,000 (exclusive of interest and costs).
7.6.4 No arbitration arising out of or relating to this
Agreement may include, by consolidation, joinder or in any other
manner, any person or entity who is not a party to this Agreement.
7 . 6.5 By wri tten consent signed by all the parties to this
Agreement and containing a specific reference hereto, the
limitations and restrictions contained in paragraphs 7.6.3 and
7.6.4 may be waived in whole or in part as to any claim,
counterclaim, dispute or other matter specifically described in
such consent. No consent to arbitration in respect of a
specifically described claim, counterclaim, dispute or other matter
in question will constitute consent to arbitrate any other claim,
counterclaim, dispute or other matter in question which is not
specifically described in such consent or in which the sum or value
in controversy exceeds $200,000 (exclusive of interest and costs)
or which is with any party not specifically described therein.
7.6.6 The award rendered by the arbi trators will be final,
judgement may be entered upon it in any court having jurisdiction
thereof, and will not be subject to modification or appeal except
to the extent permitted by Sections 10 and 11 of the Federal
Arbitration Act (9 U.S.C. 10,11)
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SECTION 8 - SPECIAL PROVISIONS. EXHIBITS AND SCHEDULES
8. 1 This Agreement is subj ect 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 ....2- pages.
8.2.2 Exhibit B "Duties, Responsibilities and Limitations of
Authority of Resident project Represent(J.tive" consist of ....2.... pages.
8.2.3 Exhibit C "Project Organizational
Communication" consist of ~ pages.
Chart
and
8.2.4
Exhibit D "Insurance" consists of ~ page.
8.3 This Agreement (consisting of 30 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, modified or
cancelled by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement as of the day and year first above written.
OWNER: ARCHITECT:
CITY OF LA PORTE, TEXAS
CR.-~ T. ~
City Manager
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~"'.' "~'~"'. '
ATTEST
(SEAL) . .:.'
FORM;
~
City Attorney
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EXHIBIT A
EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ARCHITECT
FOR PROFESSIONAL SERVICES, dated
Januarv 11, 1993
FURTHER DESCRIPTION OF ARCHITECT BASIC SERVICES AND RELATED MATTERS
1. This is an exhibit attached to, made a part of and
incorporated by reference into the Agreement made on September 8,
1992 between the City of La Porte (OWNER) and Ray and Hollington
Architects (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. During the Schematic Design Phase ARCHITECT shall:
a. Review available documents, studies and files
relating to evaluations and proposed renovation of
the police headquarters with special focus on the
jail facility.
b. Along with services described in 1.2.3 examine
applicable local, state, and federal codes and
standards. Incorporate findings relevant to jail
facilities into ARCHITECTS recommendations.
c. Examine previous priorities and recommendations and
provide to the OWNER architects comments and
recommended priori ties for the proj ect that are
within the established budget.
d. Review findings with OWNER and perform all other
basic services outlined in Section 1.2 Schematic
Design Phase.
3. During the Design Development Phase ARCHITECT shall:
a. Provide document sets to OWNER as outline in
paragraph 1.3.5.
b. Attend 2 meetings with City staff 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.
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The Design Development Phase Services will be completed and
Contract Documents and ARCHITECT's opinion of costs submi tted
within 30 days following written authorization from OWNER to
ARCHITECT to proceed with that phase of services.
4. During the Construction Documents Phase ARCHITECT shall:
Prepare construction "documents ready for bidding, including
the following tasks:
a.
Construction drawings will be prepared
appropriate scale and include:
at
Cover Sheet/Area Maps
Location Plans/Sheet Indicators
Final site Plan
Mechanical Plans and Elevations
Structural Plan, Elevation and Details
Final Electrical and Instrumentation
Detail Sheets
b. Concurrent with the development of design drawings,
the ARCHITECT will develop contract documents and
specifications. Final specifications will be
presented to OWNER for approval.
c. Attend ---1....- meetings with ci ty staff to discuss
proj ect 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.
d. Make formal submittal of Drawings, Specifications
and Contract Documents for the OWNER's review at
the fOllowing completion stages:
Interim - 50 % of Detailed Design provide 1 set.
Pre-Final - 90 % of Detailed Design provide 5 sets.
Final - 100% of Detailed Design provide 5 sets.
e. The ARCHITECT will develop a final "Total probable
cost" estimate.
f. Provide document sets to OWNER as outl ined in
Paragraph 1.4.5.
The Construction Document Phase Services will be completed and
the Report submitted within 15 calendar days following
written authorization from OWNER to ARCHITECT to proceed with
that phase of services.
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5. During the Bidding or Negotiating Phase ARCHITECT shall:
a. Assist OWNER in conducting the prebid conferences
and prequalification 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 Contractor1s
statement. The Contractor I 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
1 per 2 weeks over the term of construction.
The Construction Phase Services will be completed per terms of
paragraph 4.7.
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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 September 8, 1992 between
The citv of La Porte. Texas (OWNER) and (ARCHITECT) providing for
professional services.
ARCHITECT or OWNER may furnish a Resident 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 not make
ARCHITECT responsible for or give ARCHITECT control over
construction means, methods, techniques, sequences or procedures or
for safety precautions or programs, or responsibility for
CONTRACTOR1s 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 ARCHITECT1s 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 I s. actions. RPR I S dealings in matters
pertaining to the on-site work shall in general be with ARCHITECT
and CONTRACTOR keeping OWNER advised as necessary. RPR1s 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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2. Conferences and Meetings:
Attend meetings with CONTRACTOR, such as
preconstruct ion conferences, progress meetings, job
conferences and other project-related meetings, and
prepare and circulate copies of minutes thereof.
3. Liaison:
a. Serve as ARCHITECT1s liaison with CONTRACTOR,
working principally through CONTRACTOR1s
superintendent and assist in understanding the
intent of the Contract Documents; and assist
ARCHITECT in serving as OWNERls liaison with
CONTRACTOR when CONTRACTOR's operations affect
OWNER1s on-site operations.
b. Assist in obtaining from OWNER additional
details or information, when required for
proper execution of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and
samples.
b. Receive samples which are furnished at the
site by CONTRACTOR, and notify ARCHITECT of
availability of samples for examination.
c. Advise ARCHITECT and CONTRACTOR of the
commencement of any Work requiring a Shop
Drawing or sample if the submittal has not
been approved by ARCHITECT.
5. Review of Work, Rejection of Defective Work, Inspections
and Tests:
a. Conduct on-site observations of the Work in
progress to assist ARCHITECT in determining if
the Work is in general proceeding in
accordance with the Contract Documents.
b. Report to ARCHITECT whenever RPR believes that
any Work is unsatisfactory, faul ty or
defective or does not conform to the Contract
Documents, or has been damaged, or does not
need the requirements of any inspection, test
or approval required to be made; and advise
ARCHITECT of Work the RPR believes should be
corrected or rejected or should be uncovered
for observation, or requires special testing,
inspection or approval.
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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 transmi t 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.
Transmit 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
Directive 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 si te, weather condi tions,
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.
B-3
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9. Reports:
a. Furnish ARCHITECT periodic reports as required
of progress schedule and schedule of Shop
Drawing and sample submittals.
b. Consult with ARCHITECT in advance of scheduled
major tests, inspections or start of important
phases of the Work.
c. Draft proposed Change Orders and Work
Directive Changes, obtaining backup material
from CONTRACTOR and recommend to ARCHITECT
Change Orders, Work Directive Changes, and
Field Orders.
d. Report immediately to ARCHITECT and OWNER upon
the occurrence of any accident.
10. PaYment Requests:
Review applications for paYment with CONTRACTOR for
compliance with the established procedure for their
submission and forward with recommendations to
ARCHITECT, noting particularly the relationship of
the paYment requested to the schedule of values,
Work completed, and materials and equipment
delivered at the site but not incorporated in the
Work.
11. Certificates, Maintenance and Operation Manuals:
During the course of the Work, verify that
certificates, maintenance and operation manuals and
other data required to be assembled and furnished
by CONTRACTOR are applicable to the items actually
installed and in accordance with the Contract
Documents, and have this material delivered to
ARCHITECT for review and forwarding to OWNER prior
to final paYment for the Work.
12. Completion:
a. Before ARCHITECT issues a Certificate of
Substantial Completion, submit to CONTRACTOR a
list of observed items requiring completion or
correction.
b. Conduct final inspection in the company of
ARCHITECT, OWNER, and CONTRACTOR and prepare a
final list of items to be completed or
corrected.
c. Observe that all items on final list have been
completed or corrected and make
recommendations to ARCHITECT concerning
acceptance.
B-4
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C. Limitations of Authority
Resident Project Representative:
1. Shall not authorize any deviation from the Contract
Documents or substi tution 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.
Shall not undertake any of the
CONTRACTOR, subcontractors
superintendent.
responsibilities of
of CONTRACTOR's
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.
B-5
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EXHIBIT C TO AGREEMENT BETWEEN OWNER AND
ARCHITECT FOR PROFESSIONAL SERVICES, dated
Januarv 11. 1993
EXHIBIT C
PROJECT ORGANIZATIONAL CHART AND COMMUNICATION
PROJECT ORGANIZATIONAL CHART
CITY OF LA PORTE
ASSISTANT CITY MANAGER
"
CITY OF LA PORTE
OTHER
PROJECT MANAGER PROFESSIONAL
(Director of planning, SERVICES RETAINED
Charles Harrington) BY OWNER
CITY OF LA PORTE
ARCHITECT POLICE DEPARTMENT
PROJECT MANAGER
RAY & HOLLINGTON
ARCHITECTS (BOBBY POWELL)
OTHER PROFESSIONAL
SERVICES RETAINED
DESIGN GROUP BY ARCHITECT
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EXHIBIT C TO AGREEMENT BETWEEN OWNER AND
ARCHITECT FOR PROFESSIONAL SERVICES, dated
Januarv 11. 1993
COHHOHI CAT ION
All correspondence shall include City of La Porte Project No. Job
number. All correspondence regarding this Agreement for
Professional Services and fee invoicing from ARCHITECT to Client
shall be addressed as follows:
City of La Porte
Attention: Charles Harrington, Planning Director
PO Box 1115
La Porte, TX 77572-1115
Delivery Address:
604 West Fairmont Parkway
La Porte, TX 77571
Deliveries related to project design and construction shall be sent to:
City of La Porte
Attention: Charles Harrington, Planning Director
604 West Fairmont Parkway
La Porte, TX 77571
All correspondence from OWNER to ARCHITECT shall be addressed to:
Ray and Hollington Architects
Attention: Rick Hollington
2472 Bolsover, suite 357
Houston, TX 77005
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RE~IVED
-/.3-9~
COMM.DEV.
27 May 1992
Revised 3 June 1992
PLANNING SERVICES PROPOSAL FOR RENOVATION OF
H.F. FREEMAN POLICE HEADQUARTERS BUILDING
CITY OF LA PORTE, TEXAS
RAY & HOLLINGTON ARCHITECTS
PROJECT SCOPE
The renovation of the existing 2 story H.P. Freeman Police Headquarters
Building located on 8th street in La Porte, Texas to accommodate police
department expansion and relocation of municipal court functions as outlined
in the 31 March 92 report on police headquarters complex renovation. This
proposal is organized into two sections for A). the relocation of the municipal
court and B) the renovation/expansion of the police department facilities.
BASIC SERVICES:
Applicable to Section A & B
A. GENERAL ANALYSIS
Become familiar with the existing facility and site. Plans of the existing
structure, aerial photographs, and verbal history are all helpful in this
phase. Areas for analysis would include:
1. Boundaries of site
2. Setbacks and easements
3. Utility locations
4. Traffic pa tterns and access
5. Internal systems - mechanical, electrical, plumbing
6. Cons truction type
7. Drainage
B. DETAILED ANALYSIS
Become familiar with the existing spaces and their current usage.
Categories for this detailed analysis would include:
1. Size
2. Current function
3. Loea tion/ rela tionship
; Planning Services Iposal For Renovation of
H.F. Freeman Police Headquarters Building
City of La Porte, Texas
27 May 1992
Revised 3 June 1992
e
Page 2
4. Construction
5. Condition
6. Code compliance
C. PROGRAMMING
Work with the appropriate persons and/or groups to determine in
detail the overall future needs of the City to be housed in the building.
It would include:
1. Employment, attendance figures or projections
2. Quantity of each space category
3. Desired relationship of the spaces
4. Preferred location
5. Volume requirements
6. Special requirements (power, lighting, etc.)
D. OPTIONS ANALYSIS
In conjunction with the City staff and representatives, compare the
program needs to the existing facility and explore options for satisfying
these needs. From this analysis should come several master plan
options regarding:
1. Areas to remain as is
2. Areas ~o be remodeled or reassigned
3. Areas to be constructed (if any)
4. Areas to be removed (if any)
E. REVIEW/EVALUATION
Review these options with the staff and other appropriate persons to
arrive at the most effective and desirable scheme, considering:
1. Cos t
", Planning Services Iposal For Renovation of
H.F. Freeman Police Headquarters Building
City of La Porte, Texas
27 May 1992
Revised 3 June 1992
e
Page 3
2. Function
3. Aesthetics
F. DOCUMENTATION
Final product will be a diagrammatic site plan, building floor plan and
building elevations with all new and existing facilities indicated. Each
functional area would be assigned a block of space sized to the program-
med square footage. In addition, the circulation systems (corridors,
stairs, elevators, etc.) would be defined. Preliminary cost estimate based
on historical data and available unit costs will be prepared.
ADDITIONAL SERVICES
Services other than those outlined above such as documentation of existing
plans and conditions will be considered additional services with compensation
as described below. Additional services will not be commenced without prior
approval by the Owner. If no existing plans of the interior layout of the
building can be found, it is estimated that approximately 12-16 hours will be
required to measure and document the existing conditions as a base from
which to work. At an average hourly rate of $60.00/hr. the cost should not
exceed $1,000.00
COMPENSATION
A. BASIC SERVICES
Compensation for the above basic services will be on an hourly basis
with maximum compensation not to exceed three thousand two
hundred dollars ($3,200.00). Compensation will be calculated using
R&HA standard office billing rates which are outlined below:
Princi pals
Bert Ray
Rick Hollington
Project Architect
Staff Architect
Staff / Clerical
$SO.OO/hr.
$60.00/hr.
$40.00/hr.
$30.00/hr.
. Planning Services Iposal For Renovation of
H.F. Freeman Police Headquarters Building
City of La Porte, Texas
27 May 1992
Revised 3 June 1992
e
Page 4
The anticipated distribution of time and personnel cost is projected to be:
Princi pal
Staff Architect
Clerical
Total
27 Hr. @ $SO.OO/Hr. =
20 Hr. @ $40.00/Hr. =
8 Hr. @ $30.00/Hr. =
$2,160.00
BOO.OO
240.00
= $3,200.00
It is estimated that Section A (Municipal Court Relocation) will require
approximately 1/3 of this total or $1,000.00/$1,200.00. The remainder will be
utilized for Section B (Police Station Renovation).
B. ADDITIONAL SERVICES
Compensation for additional services shall be as mutually agreed in
advance by R&HA and the City or on an hourly basis using the
standard office billing rates as listed above.
C. REIMBURSABLE EXPENSES
Reimbursable expenses incurred by R&HA in the interest of the project
will be billed to the City at a multiple of 1.10 times the actual cost.
Reimbursable expenses shall include:
Out-of-town travel, document reproduction,
typesetting, offset printing, photostat charges, long
distance telephone & facsimile transmissions,
photography, photographic supplies and prints,
renderings, presentation models, postage, delivery,
and other project-related expenses.
D. BILLINGS
Invoices for services rendered to date and reimbursable expenses
rendered to date will be prepared and submitted on a monthly basis.
~
; Planning Services Iposal For Renovation of
H.F. Freeman Police Headquarters Building
City of La Porte, Texas
27 May 1992
Revised 3 June 1992
e
Page 5
E. PAYMENTS
Payments shall be made within thirty days following the receipt of
invoice.
SCHEDULE
R&HA is prepared to commence work upon receipt of an executed agreement
and notice to proceed which outlines the proper contact persons to represent
the Owner. It is estimated that with expeditious decision making and review
process Section A of the Basic Services will require 2-3 weeks. Services for
Section B will commence upon release from the Owner.
Any existing documentation of the building and site which the City has will
be helpful. Minimal data necessary to proceed includes a site survey,
dimensioned plan and partition layout of the existing structure. R&HA can
assist the City in obtaining or preparing this material if it is not available.
If this proposal is acceptable, please indicate such by signing in the space
provided below.
For RAY & HOLLINGTON ARCHITECTS:
H \-W~~ - Signature
Richard P. Hollington II. AlA Name
Partner
Title
3 Tune 1992
Date
For the CITY OF LA PORTE:
Q~T,~
\(\) ~-e.:\ T. \~ V' V''t ..-~
Ct~ \V\sy.
1(\~\~7-
Signa ture
Name
Title
Date
.. -
"
27 May 1992
.
e
PLANNING SERVICES PROPOSAL FOR RENOVATION OF
H.F. FREEMAN POLICE HEADQUARTERS BUILDING
CITY OF LA PORTE, TEXAS
RAY & HOLLINGTON ARCHITECTS
PROTECT SCOPE
The renovation of the existing 2 story H.F. Freeman police headquarters
building located on 8th street in La Porte, Texas to accommodate police
department expansion and relocation of municipal court functions as outlined
in the 31 March 92 report on police headquarters complex renovation.
BASIC SERVICES:
A. GENERAL ANALYSIS
Become familiar with the existing facility and site. Plans of the existing
structure, aerial photographs, and verbal history are all helpful in this
phase. Areas for analysis would include:
1.
2.
3.
4.
5.
6.
7.
Boundaries of site
Setbacks and easements
Utility locations
Traffic patterns and access
Internal systems - mechanical, electrical, plumbing
Construction type ,~
"
Drainage
"
B. DETAILED ANALYSIS
Become familiar with the existing spaces and their current usage.
Categories for this detailed analysis would include:
1. Size
2. Current function
3. Location/relationship
4. Construction
5. Condition
6. Code compliance
. .
Planning Services :lposal For Renovation of
H.F. Freeman Police Headquarters Building
City of La Porte, Texas
27 May 1992
e
Page 2
C. PROGRAMMING
Work with the appropriate persons and/or groups to determine in
detail the overall future needs of the City to be housed in the building.
It would include:
1. Employment, attendance figures or projections
2. Quantity of each space category
3. Desired relationship of the spaces
4. Preferred loca tion
5. Volume requirements
6. Special requirements (power, lighting, etc.)
D. OPTIONS ANALYSIS
In conjunction with the City staff and representatives, compare the
program needs to the existing facility and explore options for satisfying
these needs. From this analysis should come several master plan
options regarding:
1. Areas to remain as is
2. Areas to be remodeled or reassigned
3. Areas to be constructed (if any)
4. Areas to be removed (if any)
E. REVIEW/EVALUATION
Review these options with the staff and other appropriate persons to
arrive at the most effective and desirable scheme, considering:
1. Initial .cos t
2. Operational cost
3. Function
4. Aesthetics
Planning Services .posal For Renovation of
H.F. Freeman Police Headquarters Building
City of La Porte, Texas
27 May 1992
e
Page 3
F. DOCUMENTATION
Final product will be a diagrammatic site plan, building floor plan and
building elevations with all new and existing facilitie's indicated. Each
functional area would be assigned a block of space sized to the program-
med square footage. In addition, the circulation systems (corridors,
stairs, elevators, etc.) would be defined. Preliminary cost estimate based
on historical data and available unit costs will be prepared.
ADDITIONAL SERVICES
Services other than those outlined above such as documentation of existing
plans and conditions will be considered additional services with compensation
as describe below. Additional services will not be commenced without prior
approval by the Owner.
COMPENSATION
A. BASIC SERVICES
Compensation for the above basic services will be on an hourly basis
with maximum compensation not to exceed three thousand dollars
($3,000.00). Compensation will be calculated using R&HA standard
office billing rates which are outlined below:
Princi pals
Bert Ray
Rick Hollington
Project Architect
Staff Architect
Staff / Clerical
$SO.OO/hr.
$60.00/hr.
$40.00/hr.
$30.00/hr.
The anticipated distribution of time and personnel cost is projected to be:
Principal
Staff Architect
Clerical
Total
2S Hr. @ $SO.OO/Hr.
19 Hr. @ $40.00/Hr. =
8 Hr. @ $30.00/Hr. =
= $2,000.00
760.00
240.00
= $3,000.00
, .
Planning Services :lposal For Renovation of
H.F. Freeman Police Headquarters Building
City of La Porte, Texas
27 May 1992
e
Page 4
B. ADDITIONAL SERVICES
Compensation for additional services shall be as mutually agreed in
advance by R&HA and the City or on an hourly basis using the
standard office billing rates as listed above.
C. REIMBURSABLE EXPENSES
Reimbursable expenses incurred by R&HA in the interest of the project
will be billed to the City at a multiple of 1.10 times the actual cost.
Reimbursable expenses shall include:
Out-of-town travel, document reproduction,
typesetting, offset printing, photostat charges, long
distance telephone & facsimile transmissions,
photography, photographic supplies and prints,
renderings, presentation models, postage, delivery,
and other project-related expenses.
D. BILLINGS
Invoices for services rendered to date and reimbursable expenses
rendered to date will be prepared and submitted on a monthly basis.
E. PAYMENTS
Payments shall be made within thirty days following the receipt of
invoice.
SCHEDULE
R&HA is prepared to commence work upon receipt of an executed agreement
and notice to proceed which outlines the proper contact persons to represent
the Owner. It is estimated that with expeditious decision making and review
process, the process can be completed in about four weeks.
Any existing documentation of the building and site which the City has will
be helpful. Minimal data necessary to proceed includes a site survey,
dimensioned plan and partition layout of the existing structure. R&HA can
assist the City in obtaining or preparing this material if it is not available.
..Ii . i ..
Planning Services .posal For Renovation of
H.F. Freeman Police Headquarters Building
City of La Porte, Texas
27 May 1992
.
Page 5
If this proposal is acceptable, please indicate such by signing in the space
provided below.
For RAY & HOLLINGTON ARCHITECTS:
~ Signature
~:~rd' P. HO~~gton : AlA . Name
Partner
Title
27 May 1992
Date
For the CITY OF LA PORTE:
G<~ T. '~
Signa ture
\<o~-e.:\ T. \-\~y'"v"eV'D-
Name
c\.~\ -(V\~Y.
l, \ 1.. 1., \ 'l 4,..
Ti tle
Date