This is a professional services agreement between Texas Woman's University (Owner) and a Design Firm (ArchitectEngineer) for architectural and engineering design services. The agreement covers all phases of the project, from programming and conceptual design through construction contract documents, proposal phase, and construction phase services. The ArchitectEngineer is responsible for providing all necessary services, including coordination with consultants, adherence to codes and standards, and administration of the construction contract. The Owner will provide a project budget and construction cost limitation. Compensation for the ArchitectEngineer is based on a fixed fee and reimbursable expenses. The agreement also outlines responsibilities for both parties, termination clauses, document ownership, dispute resolution, and insurance requirements. The ArchitectEngineer must comply with various Texas state laws and certifications, including those related to steel products, non-discrimination, and data confidentiality.
The bid notice states that payments on account of the architectengineer's services shall be made monthly on valid, properly submitted invoices in proportion to the services performed up to specified maximum percentages of the basic fee at the completion of each phase of work. Payments for extra services and reimbursable expenses shall be made monthly upon presentation of the architectengineer's statement of extra services rendered, which shall be reviewed and approved by the owner for payment if in compliance with the agreement.
The bid notice states that the architectengineer warrants that all goods, services, or work supplied to TWU under this agreement shall conform to specifications, drawings, samples, or other descriptions contained or referenced herein and shall be merchantable, of good quality and workmanship and free from defect. The architectengineer also warrants that all goods and services covered by this agreement which are the product of the architectengineer are in accordance with its specifications and consistent with industry standards.
The bid notice states that the architectengineer shall have experienced and qualified personnel for the design and engineering of the structural, mechanical, and electrical design necessary for the complete project. The owner reserves the right to reject any of such persons or firms the owner may deem not qualified or competent to provide such services.
The bid notice states that the architectengineer, as the owner's design representative, shall visit the site at intervals appropriate to the stage of the contractor's operations, or not less than once per week as construction progress warrants to determine to the best of the architectengineer's information, knowledge and belief if the work is proceeding in substantial accordance with the construction contract documents.
The bid notice mentions that the architectengineer shall review and approve or take other appropriate action upon contractors submittals such as shop drawings, product data and samples.
