Agreement Between Owner and Architect/Engineer

Rev. 3-3-15

DESIGN AGREEMENT BETWEEN OWNER AND ARCHITECT/ENGINEER

1. Parties. The parties to this agreement are:

Owner: The Most Reverend Joe S. Vasquez, Bishop of the Catholic Diocese of Austin and his successors in office whose address is 6225 US Highway 290 E, Austin, TX 78723, for the benefit of Parish

Email: ; and

Architect/Engineer: whose address is

Email:

2. Project Description and Budget.

A. Architect/Engineer shall perform the professional services as described in this agreement for following purpose, which is known as the “Project”:

Name of Project:

Address of Project:

Description of Project to be constructed:

B. Owner’s Project Construction Budget is $ . The Project Construction Budget shall not include any architect's, engineer's, or consultant's fees and shall not include costs of any furniture, material, equipment, or services furnished by Owner.

3. Architect/Engineer’s Compensation. For Architect/Engineer’s services, Owner shall compensate Architect/Engineer as follows.

A. Basic Services. For the Basic Services described in Paragraph 4, Owner shall pay Architect/Engineer a fee of $ payable in proportion to the services performed as follows:

(1) Completion of Schematic Design Phase %

(2) Completion of Design Development Phase %

(3) Completion of Construction Documents Phase %

(4) Completion of Bidding or Negotiation Phase %

(5) Construction Phase, which amount will be paid

based upon the percentage of completion of

construction contract %

B. Additional Services.

(1) For the Additional Services described in Paragraph 5, Architect/Engineer shall submit to Owner a written proposal for the Additional Services and the compensation for the Additional Services. Architect/Engineer shall not perform such Additional Services until:

(a) Owner agrees in writing to the scope of such Additional Services and Owner gives written authorization to Architect/Engineer to perform the Additional Services; and

(b) both Owner and Architect/Engineer have agreed in writing to the amount of compensation Owner shall pay Architect/Engineer for the Additional Services.

(2) Strict compliance with Paragraph 3B(1) is required. Architect/Engineer assumes the risk for receiving no compensation for the Additional Work if performed prior to satisfying Paragraph 3B(1). Any decision by Owner to compensate Architect/Engineer for the Additional Work performed prior to satisfying Paragraph 3B(1) is at Owner’s sole discretion and shall not be subject to suit or appeal of any kind.

C. Reimbursable Expenses.

(1) Owner shall reimburse Architect/Engineer 1.05 times the actual amounts Architect/Engineer expends for the following items if Owner has given Architect/Engineer advanced, written authority to incur such expenses:

(a) transportation in connection with the Project, with mileage paid at the then current rate published by the Internal Revenue Service, provided, however, that mileage shall not be reimbursed for the first 100 miles of any travel to or from the Project;

(b) lodging expenses in connection with authorized out-of-town travel;

(c) reproduction of plans and specifications or other documents except for those included in the Basic Services; and

(d) filing and permit fees for the approval of the Project with governmental entities with jurisdiction over the Project.

(2) Expenses not approved by Owner in advance are the sole responsibility of Architect/Engineer.

D. Payment Requests. Architect/Engineer shall send payment requests for compensation and reimbursable expenses only after each phase of service is complete and only once each month to the attention of Owner’s Construction Manager at 6225 Highway 290 East, Austin, Texas 78723. Payment requests shall be supported by a description of the services performed, invoices, time sheets, and other evidence of expense as requested by the Owner. Owner shall pay approved payment requests within 30 days after receipt of all required documentation and information.

4. Basic Services.

A. When Architect/Engineer renders services under this agreement, Architect/Engineer shall:

(1) comply with Owner’s Instruction to Architect/Engineer;

(2) comply with Owner’s Design Requirements; and

(3) use Owner’s contract forms in connection with the Project, except where otherwise specified.

B. Schematic Design Phase. If Architect/Engineer has not completed the Schematic Design Phase of the Project, Architect/Engineer shall:

(1) consult with Owner to ascertain the requirements and limitations of the Project, including but limited to liturgical design requirements;

(2) retain all architectural, structural, civil, mechanical, electrical, engineering, landscaping, liturgical , and other consultants reasonably necessary to complete the Project, identify such consultants in Attachment “A,” and compensate such consultants from Architect/Engineer’s compensation for Basic Services except when Owner gives advance written consent that the consultants will be compensated as an Additional Service;

(3) observe and inspect existing site and building conditions;

(4) make measured drawings of existing buildings and construction on the site, including such mechanical, electrical, plumbing, and other components as may be required to coordinate proper interfacing of new construction with existing construction;

(5) prepare schematic design studies to recommend a general description of the proposed design for the Project for Owner’s approval;

(6) establish, in collaboration with Owner, a schedule of dates for completion of the various phases of Architect/Engineer’s work;

(7) prepare and deliver to Owner a written statement of the probable construction cost for the Project;

(8) promptly notify Owner, in writing, if it appears that the written statement of the construction cost of the Project will exceed the Project Construction Budget;

(9) revise the schematic plans, at no further cost to Owner, if the written statement of the construction cost of the Project will exceed the Project Construction Budget to bring the cost of the Project within the Project Construction Budget, unless Owner approves the excess cost of the Project in writing;

(10) provide Owner schematic plans in format appropriate for presentation to Owner, which shall include, but not be limited to:

(a) a site plan, locating and noting major improvements;

(b) a floor plan naming major spaces and noting the total square footage;

(c) a depiction of major building elevations; and

(d) schematic drawings of the scope of the Project; and

(11) obtain Owner’s written approval before proceeding to the next phase of the Project.

C. Design Development Phase. Architect/Engineer shall:

(1) prepare from the approved schematic design studies, the Design Development Documents consisting of plans, elevations, other drawings, and an outline of specifications to fix and illustrate the size, character and general appearance of the Project;

(2) collaborate with Owner, Owner’s construction manager, Parish’s construction manager and Owner’s other consultants, if applicable, on the selection of materials, equipment, systems, finishes, and methods of construction;

(3) submit liturgical programming and designs to Owner for review and approval if Project includes liturgical space;

(4) prepare a revised estimate and deliver to Owner a written statement of the estimated construction cost;

(5) promptly notify Owner in writing if it appears that the Project will exceed the Project Construction Budget and, unless any increase in the Project Construction Budget is approved in writing by Owner, Architect/Engineer shall, at its cost, in consultation with Owner revise the Design Development Documents to bring the Project within the Project Construction Budget;

(6) retain all consultants reasonably necessary to complete the Project, identify such consultants in Attachment “A,” and compensate such consultants from Architect/Engineer’s compensation for Basic Services except when Owner gives advance written consent that the consultants will be compensated as an Additional Service; and

(7) obtain Owner’s written approval before proceeding to the next phase of the Project.

D. Construction Documents Phase. Architect/Engineer shall:

(1) prepare, from the approved Design Development Documents, the Construction Documents consisting of the final plans and specifications of the Project setting forth in detail the work required for the architectural, construction, structural, electrical, mechanical, civil and service-connected equipment for the Project;

(2) collaborate with Owner, Owner’s construction manager, Parish’s construction manager, and Owner’s other consultants, if applicable, on the form and manner in which the Project is presented in the Construction Documents;

(3) prepare the Construction Documents in compliance with all applicable laws, codes, ordinances, and regulations and present the Construction Documents to all applicable governmental agencies for evaluation and approval, provided, however, if the Project is located outside the corporate limits of a city that does not require permits or building codes, Architect/Engineer shall prepare the Construction Documents to meet all laws, codes , ordinances, and regulations as required by the closest city to the Project with a population over 50,000;

(4) make any revisions to the Construction Documents which may be necessary to obtain approval from any applicable governmental agency and to meet other criteria specified by Owner;

(5) provide Owner with 2 sets of plans and specifications for review and approval in a format Owner specifies;

(6) upon completion of the Construction Documents obtain Owner’s approval of the Construction Documents and Owner’s approval of the latest estimate of the construction cost;

(7) rework, at Architect/Engineer’s cost, the Construction Documents and other documents as may be necessary to correct errors in the designs, drawings, plans, specifications or other documents or as may be necessary to bring the Project within the Project Construction Budget; and

(8) obtain Owner’s written approval before proceeding to the next phase of the Project.

E. Bidding and Negotiation Phase. Architect/Engineer shall:

(1) assist Owner in securing and obtaining bids or negotiated proposals and in securing, awarding, and preparing necessary contracts for construction of the Project unless Owner has retained a construction manager at risk (CMR) and instructs Architect/Engineer not to perform the services under this provision;

(2) revise the Construction Documents, at Architect/Engineer’s cost, if the bids for construction exceed the Project Construction Budget in order to bring the Project within the Project Construction Budget, unless Owner approves the increase in the Project Construction Budget in writing;

(3) file, before construction commences, the contractor’s Performance and Payment Bonds in the office of the county clerk in the county in which the Project is located; and

(4) if Owner has retained a CMR:

(a) incorporate into the Construction Documents the CMR’s schedule, insurance requirements, subcontract, and other documentation provided by the CMR given for the purpose of CMR obtaining bids from subcontractors; and

(b) cooperate with the CMR to establish a guaranteed maximum price for the Project.

F. Construction Phase. Architect/Engineer shall:

(1) abide by Architect/Engineer’s requirements contained in the Owner’s “General Contitions” that are applicable to the contract with the Project’s general contractor or construction manager at risk;

(2) administer the construction of the Project including but not limited to providing Owner advice and consultation about the Contract Documents, construction of the Project, preparing change orders, and providing clarification of the Construction Documents;

(3) within 14 days after receipt of the contractor's submittals such as shop drawings, product data and samples required by the Construction Documents, critically review and report to Owner or take other appropriate action and respond to contractor in writing, but only for conformance with the design concept of the Project and with the information given in the Contract Documents;

(3) within 3 days after receipt of contractor’s request for information (RFI), critically review, report to Owner, and respond to contractor’s RFI;

(4) amend the Construction Documents in connection with change orders that do not constitute a material or significant re-design of the Project or a system or component in the Project;

(5) provide services in connection with evaluating substitute items for construction and in revising any documentation in connection with such substitutions;

(6) visit the construction site of the Project at regular intervals, at least weekly, to become familiar with the progress and quality of the construction completed, to critically observe and inspect the construction and materials supplied by the contractor, to determine whether the contractor’s performance is in conformity with the Construction Documents, and to promptly report to Owner any deficiencies along with Architect/Engineer’s recommendations for correction;

(7) record each job-site visit and promptly submit written reports to Owner to keep Owner informed of the progress and quality of the construction;

(8) review all requests for payments submitted by the contractor to determine completion of the construction for which such requests are made;

(9) approve, edit, or deny contractor’s pay requests and forward the pay requests to Owner for payment;

(10) upon receipt of notification from the contractor that the Project is substantially complete, conduct a review to determine if the Project is substantially complete and prepare a list of items observed requiring correction by the contractor;

(11) notify Owner in writing, after the contractor has made all required corrections, that the contractor has completed construction and the Project is ready for final inspection;

(12) schedule the final inspection and accompany Owner at the final inspection to assure that the Project has been completed in accordance with the Construction Documents;

(13) review and inspect all warranties, guarantees, bonds, equipment operating instructions, and similar material and documents to make sure that all such materials and documents are received and that they meet the requirements of the Construction Documents, after which Architect/Engineer shall transmit the material and documents to Owner;

(14) update the Construction Documents to reflect accurate, as-built conditions from information furnished by contractor and make changes in the original documents to show, to the best of Architect/Engineer’s knowledge, information and belief, the as-built condition of the Project and final location of the mechanical service lines and outlets, and shall forward to Owner 2 copies the Construction Documents in electronic format reasonably acceptable to Owner;

(15) after determining that, to the best of his knowledge, information, and belief, the requirements of the Construction Documents have been met, state such in writing to Owner and recommend final payment to the contractor, both of which should be stated in the contractor’s final application for payment;

(16) upon completion of construction, complete the Project summary data in the format required by Owner and submit it to Owner together with a 4 x 6 inch color exterior photograph and a 8 ½ x 11 inch floor plan of the Project; and

(17) during the 11th month following completion of the Project, arrange for a warranty inspection tour of the Project by Owner, Architect/Engineer, and the contractor, and prepare a list of work needing to be done by the contractor to satisfy the contractor's warranty obligations.