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Resolution - 2003-R0551 - Engineering Contract For Sam Wahl Recreational Area - Parkhill, Smith & Cooper - 12/08/2003
Resolution No. 2003-RO551 December 8, 2003 Item No. 41 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract and associated documents with Parkhill, Smith & Cooper, Inc. for Architectural/Engineering Services for a Sam Wahl Recreational Area Comfort Station. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 8th da0f Z December , 2003. MARC McMVGAL, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVV�D ASCO TENT: fd Randy ruesdell; Community Services Director APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney Office Practice Section Lc: L/ATTY/Linda/RES-PSC-Comfort Station Resolution No. 2003—RO551 1997 Edition - Electronic Format F.11 Fill 1116, -� .. A Abbreviated Standard Form of Agreement Between Owner and Architect THIS DOCUMENT HAS IMPORTANT LEGAL AGREEMENT made as of the 15th day of December in the year 2003 CONSEQUENCES. CONSULTATION WITH AN (In words, indicate day, month and year) ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. BETWEEN the Architect's client identified as the Owner: AUTHENTICATION OF THIS ELECTRONICALLY (Name, address and otherinformation) DRAFTED AIA DOCUMENT MAY BE MADE City of Lubbock BY USING AIA DOCUMENT D407. Box 2000 Lubbock, Texas 79457 and the Architect (Name, address and other —information) Parkhill, Smith&Cooper, Inc. (PSC) 4222 85th Street Lubbock, Texas 79423 For the following Project: (Include detailed description ofProjeco Sam Wahl Recreational Area Comfort Station. See Exhibit A for detailed Scope of Services. The Owner and Architect agree as follows. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.3 The Architect shall designate aMary Crites, AIA, Firm Principal of PSC as the representative authorized to act on behalf of the Architect with respect to the Project. 1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Repro uctlon o 17te material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: sw-cs b151.aia -- 11/19/2003. AIA License Number 1015916, which expires on 4/8/2004. 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 5.2.1. THIS DOCUMENT HAS IMPORTANT LEGAL 2.2.3 The Architect shall review with the Owner alternative approaches to design and CONSEQUENCES. CONSULTATION WITHAN PP g ATTORNEY IS ENCOURAGED WITH RESPECT construction of the Project. TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget DRAFTED AIA DOCUMENT MAY BE MADE requirements, the Architect shall prepare, for approval by the Owner, Schematic Design BY USING AIA DOCUMENT D401. Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary ewe opinion of probable of -Construction Cost based on current area, volume or similar conceptual estimating techniques. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. �V 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary eat o€Opinion'of Probable Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding.sr information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. 01997 AIA® 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary AIA DOCUMENT B151-1997 �0 inions of Probable Construction Cost indicated b changes in requirements or ABBREVIATED OWNER -ARCHITECT 0 p %' AGREEMENT general market conditions. g q The American Institute of Architects 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for 1735 New York Avenue, N.W. filing documents required for the approval of governmental authorities having jurisdiction over Washington, D.C. 20006-5292 the Project. c Copyright 1974, 1978, 1977, 1987, Q 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: sw-cs b151.aia -- 11/19/2003. AIA License Number 1015916, which expires on 4/8/2004. 2.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate-ef-Opinion of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE —ADMINISTRATION OF THE CONSTRUCTION CONTRACT .6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or- 6e t 30 days after the date of Substantial Completion of the Work, 60 days after the 1st "punchlist" is developed, or 11 months after start of construction. 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A2or, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (I) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. © Copyright 1974, 1978,, © 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: sw-cs b151.aia -- 11/19/2003. AIA License Number 1015916, which expires on 4/8/2004. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D407. ®1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 CERTIFICATES FOR PAYMENT 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and THIS DOCUMENT HAS IMPORTANT LEGAL on the data comprising the Contractor's Application for Payment, that the Work has CONSEQUENCES. CONSULTATION WITH AN progressed to the point indicated and that, to the best of the Architect's knowledge, ATTORNEY IS ENCOURAGED WITH RESPECT information and belief, the quality of the Work is in accordance with the Contract Documents. TO ITS COMPLETION OR MODIFICATION. The foregoing representations are subject (i) to an evaluation of the Work for conformance AUTHENTICATION OF THIS ELECTRONICALLY with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests DRAFTED AIA DOCUMENT MAY BE MADE and inspections, (3) to correction of minor deviations from the Contract Documents prior to BY USING AIA DOCUMENT D401. completion, and (4) to specific qualifications expressed by the Architect. 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (i) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. *1*6,10 The Architect shall liveauiher, te-rejec-tnotify and make recommendations to the Owner concerning Work that does not conform to the Contract Documents. `"'r- the ^ rye eennsiders -it neeessa -er advisable, 4heThe Architect shall have- auther-ityrecommend to the Owner when the Architect considers it necessary to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such , reasonable promptness as to cause no delay in the Work or in the activities of the Owner,, Contractor or separate contractors, while allowing sufficient time in the Architect's professional $ judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and 01997 AIA® quantities, or for substantiating instructions for installation or performance of equipment or AIA DOCUMENT B151-1997 systems, all of which remain the responsibility of the Contractor as required by the Contract ABBREVIATED OWNER -ARCHITECT Documents. The Architect's review shall not constitute approval of safety precautions or, unless AGREEMENT otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval The American Institute of Architects of an assembly of which the item is a component. 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Copyright 1974, 1978, 1977, 1987, 0 1997y The American Institute ot Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: sw-cs b151.aia -- 11/19/2003. AIA license Number 1015916, which expires on 4/8/2004. Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. 2.6.14 The Architect shall, eendurat inspec-tiens-teby visual observations, determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspee#ien-observation indicating the Work complies with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters and make recommendations to the Owner concerning performance of the Owner and Contractor under, and requirements of, he Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph 2.6.17, shall be subject to mediation and arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: sw-cs b151.aia -- 11/19/2003. AIA License Number 1015916, which expires on 4/8/2004. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 01997 AIA® AIA DOCUMENT BISI-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on -site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The- responsibili#ies-and limitations of-authof-ity of Prejea Repr-,,..en4ative..—,hall-be-as Q-in- the edition off n-13352 eufren# as of the date of this Agreement, tmless o - 3.2.3 Through the presence at the site of such Project Representatives, the Architect shall THIS DOCUMENT HAS IMPORTANT LEGAL endeavor to provide further protection for the Owner against defects and deficiencies in the CONSEQUENCES. CONSULTATION WITH C P P g ATTORNEY IS ENCOURAGED WITH RESPECT Work, but the furnishing of such project representation shall not modify the rights, TO ITS COMPLETION OR MODIFICATION. responsibilities or obligations of the Architect as described elsewhere in this Agreement. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE 3.3 CONTINGENT ADDITIONAL SERVICES BY USING AIA DOCUMENTD401. 3.3.1 Making revisions in drawings, specifications or other documents when such revisions are: 1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. �. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 01997 AIA® AIA DOCUMENT B151-1997 3.3.6 Providing services made necessary by the default of the Contractor, by major defects ABBREVIATED OWNER -ARCHITECT or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner AGREEMENT or Contractor under the Contract for Construction. The American Institute of Architects 1735 New York Avenue, N.W. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Washington, D.C. 20006-5292 Contractor or others in connection with the Work. © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: sw-cs b151.aia -- 11/19/2003. AIA License Number 1015916, which expires on 4/8/2004. 3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective ATTORNEY IS ENCOURAGED WITH RESPECT sites. TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY 3.4.4 Providing special surveys, environmental studies and submissions required for DRAFTED AIA DOCUMENT MAY BE MADE approvals of governmental authorities or others having jurisdiction over the Project. BY USING AIA DOCUMENT D401. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed emote a Opinions of Probable Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equipment, or valuations and 01997 AIA® detailed appraisals of existing facilities. AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the AGREEMENT Work made during construction based on marked -up prints, drawings and other data furnished The American Institute of Architects by the Contractor to the Architect. 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Reproduction ot t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: sw-cs b151.aia -- 11/19/2003. AIA License Number 1015916, which expires on 4/8/2004. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 6o days after the date of Substantial Completion of the Work or, in the absence of a final Certificate for Payment, the earlier of either more than 60 days after occupancy of the project or 11 months of construction, or 60 days after Architect issues the 1 st "Punchlist" .. 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN 3.4.20 Providing any other services not otherwise included in this Agreement or not ATTORNEY 1S ENCOURAGED WITH RESPECT customarily furnished in accordance with generally accepted architectural practice. TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY ARTICLE 4 OWNER'S RESPONSIBILITIES DRAFTED AIA DOCUMENT MAY BE MADE 4.1 The Owner shall provide full information in a timely manner regarding requirements BY USING AIA DOCUMENT D401. for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. ,. 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, 01997 AIA® ground corrosion tests and resistivity tests, including necessary operations for anticipating AIA DOCUMENT B151-1997 subsoil conditions, with reports and appropriate recommendations. ABBREVIATED OWNER -ARCHITECT AGREEMENT 4.6 The Owner shall furnish the services of consultants other than those designated in The American Institute of Architects Paragraph 4.5 when such services are requested by the Architect and are reasonably required by 1735 New York Avenue, N.W. the scope of the Project. Washington, D.C. 20006-5292 © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Reproduction o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: sw-cs b151.aia -- 11/19/2003. AIA License Number 1015916, which expires on 4/8/2004. 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes P P P ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in AUTHENTICATION OF THIS ELECTRONICALLY the Architect's Instruments of Service. DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the es6matedcost to the Owner of all elements of the Project designed or specified by the Architect, as stated in the latest Opinion of Probable Cost. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -of -way and financing or other costs that are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate -Opinion of Probable of -Construction Cost and detailed estimeAes of Opinions of Probable Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent r' that bids or negotiated prices will not vary from the Owner's Project budget or from any � t. Opinion of Probable Construction Cost or evaluation prepared or agreed to by the chitect. 01997 Ala® AIA DOCUMENT BIS1-1997 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this ABBREVIATED OWNER -ARCHITECT Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed AGREEMENT limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has The American Institute of Architects been established, the Architect shall be permitted to include contingencies for design, bidding 1735 New York Avenue, N.W. and price escalation, to determine what materials, equipment, component systems and types of Washington, D.C. 20006-5292 construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. epro uction o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: sw-cs b151.aia -- 11/19/2003. AIA License Number 1015916, which expires on 4/8/2004. necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within go days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Paragraph 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Subparagraph 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall MW obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further g. reproductions of Instruments of Service and shall return to the Architect within seven days of _ termination all originals and reproductions in the Owner's possession or control. If and upon r the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to 01997 AIA® authorize other similarly credentialed design professionals to reproduce and, where permitted AIA DOCUMENT B151-1997 by law, to make changes, corrections or additions to the Instruments of Service solely for ABBREVIATED OWNER -ARCHITECT purposes of completing, using and maintaining the Project. AGREEMENT 6.3 Except for the licenses granted in Paragraph 6.2, no other license or right shall be The American Institute of Architects deemed granted or implied under this Agreement. The Owner shall not assign, delegate, 1735 New York Avenue, N.W. sublicense, pledge or otherwise transfer any license granted herein to another party without the Washington, D.C. 20006-5292 prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to 0 Copyright 11987,© 1997 by The American Institute of Architects. Rep rod uctlon o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: sw-cs b151.aia -- 11/19/2003. AIA License Number 1015916, which expires on 4/8/2004. reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Paragraph 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7 DISPUTE RESOLUTION 7.1 MEDIATION f 7.1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall -may be subject to mediation as -a eend-itien preeedent-te ar-bilr-atien-or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 7.1.2 The Owner and Architect shall endeewe 4emay resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 6o days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 7.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 7-4 ARBITRATION 7-44 A,-ry elaim, dispute -eF etheF ma#te> -in ar-ising -out -of -of related -te 4h4s - Agrvement-shall-be subjerst-te .h Prier-te ar-bitratien,4he par-ties-&kall endeaver-te- 74. Cis; disputes -and ether matters 4n questien between -the -parties 41h4 -are -net - r selveCi* rnedlaiien be eid2El* arbitratieilhKh, Hn1eSS i13C' parties mutually agree- 01997 AIA® e-shaIl -be4n aeeerdanrze-with 4heGenstmetien industEy °`� n s-of 44+e-AIA DOCUMENT BISI-1997 Armerieai} °"h-'+`"''"'„ A....,.,.;a4ie,1 currently in effeeror ABBREVIATED OWNER -ARCHITECT in writing -with -the ether. -pa#y -to -t#is Agreement -and -with -the American Arbitration -AGREEMENT Asseeiatien. The American Institute of Architects 744 ,4 m1- within-_rea 4he elat"',-1735 New York Avenue, N.W. displ -er ather matter-4n questien has arisen -In ne „t shall the a „ and c _ _1 ;{_ ,; „ 1 Washington, D.C. 20006-5292 n3a4e-after4he4ate when institution-ef4egal-enable r reee_dings based ett seekGlaim,dispute or- other- mat4er- in que-stion ive-uld- be barred by the applicable statute A4 liffl-ii-Ations. - © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: sw-cs bl51.aia -- 11/19/2003. AIA License Number 1015916, which expires on 4/8/2004. it 7-.72-.4 No a;rbi#ratien arising -etrt -of -oF relating 4e -this Agreement Vie; * - eoffsolidation joinde4n-any ether -manner; an additional person er-entity-xet-a-party-te- this Agreements t* wFittenrzonsent Eentaining-a speeifie-erenee-te-#his glee fa n - and -4gned -by -the Owner, ; A .mot; -and .any ether person -er -entity sought -te -he joined. - Oonsent-te arbitration involving an additional per -son er-entity-4w4-net constitute eonsent-te- arbitratien -of -any Elaim,, dispute -of other matter -irt question -not deserd;ed -bt -the mitten - 7-.2-.5 The award -^ *4he afbitfatof aFbi4fmofs shall be fmal; at}d-judgment-inay- THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES TO ITS COMPLETION OR MODIFICATION. The Architect and Owner waive cone for disputes consequential damages or claims, is ues or other matters in AUTHENTICATION OF THIS ELECTRONICALLY q g P DRAFTED AIA DOCUMENT MAY BE MADE question arising out of or relating to this Agreement. This mutual waiver is applicable, without BY USING AIA DOCUMENT D401. limitation, to all consequential damages due to either party's termination in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. 8.4 This Agreement may be terminated by either party upon not less than seven days', written notice should the other party fail substantially to perform in accordance with the terms i r of this Agreement through no fault of the party initiating the termination. 8.5 This Agreement may be terminated by the Owner upon not less than seven days' AIA DOCUMENT 8151-1997 written notice to the Architect for the Owners convenience and without cause. ABBREVIATED OWNER -ARCHITECT AGREEMENT 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and- all. Tefffili .ation D..,,,,,sess as a F ,,a in n,.....,.,.aph Q The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 T-effflina Expenses are -in addition -te eempensation 4er -the serviees -of -the - copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: sw-cs b151.aia -- 11/19/2003. AIA License Number 1015916, which expires on 4/8/2004. 12 *ot '�{-vthep rsceempensatedrplus-aii afneu tt for- she A-ehi „e '.. antieipated profit on the - ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12. 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A2oi, General Conditions of the Contract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to THIS DOCUMENT HAS IMPORTANT LEGAL act shall be deemed to have accrued and the applicable statutes of limitations shall commence CONSEQUENCES. CONSULTATION WITHAN to run not later than either the date of Substantial Completion for acts or failures to act ATTORNEY IS ENCOURAGED WITH RESPECT occurring prior to Substantial Completion or the date of issuance of the final Certificate for TO ITS COMPLETION OR MODIFICATION. Payment for acts or failures to act occurring after Substantial Completion. In no event shall AUTHENTICATION OF THIS ELECTRONICALLY such statutes of limitations commence to run any later than the date when the Architect's DRAFTED AIA DOCUMENT MAY BE MADE services are substantially completed. BY USING AIA DOCUMENT D401. 9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A2oi, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's' consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. ®i99� Aia,® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT 9.9 The Architect shall have the right to include photographic or artistic representations AGREEMENT of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such The American Institute of Architects representations. However, the Architect's materials shall not include the Owner's confidential 1735 New York Avenue, N.W. or proprietary information if the Owner has previously advised the Architect in writing of the Washington, D.C. 20006-5292 specific information considered by the Owner to be confidential or proprietary. The Owner © Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: sw-cs b151.aia -- 11/19/2003. AIA License Number 1015916, which expires on 4/8/2004. 13 shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, THIS DOCUMENT HAS IMPORTANT LEGAL insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. CONSEQUENCES. CONSULTATION ATTORNEY IS ENCOURAGED WITH RESPECT 10.2 REIMBURSABLE EXPENSES TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional DRAFTED AIA DOCUMENT MAY BE MADE Services and include expenses incurred by the Architect and Architect's employees and BY USING AIA DOCUMENT D401. consultants directly related to the Project, as identified in the following Clauses: 1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; }� expense -of evet4ime�+erlE recirng lrigker regular rues if au#hoeEl i - (y, advance by the Qwner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; .8 other similar direct Project -related expenditures. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES Ik 10.3.1 An initial payment as set forth in Paragraph n.1 is the minimum payment under this _ f Agreement.MENEM $¢ 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, 01997 AIA® shall be in proportion to services performed within each phase of service, on the basis set forth AIA DOCUMENT B151-1997 in Subparagraph 11.2.2. ABBREVIATED OWNER -ARCHITECT AGREEMENT 10.3.3 If and to the extent that the time initially established in Subparagraph n.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any The American Institute of Architects services rendered during the additional period of time shall be computed in the manner set 1735 New York Avenue, N.W. forth in Subparagraph 11.3.2. Washington, D.C. 20006-5292 © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: sw-cs b151.aia -- 11/19/2003. AIA License Number 1015916, which expires on 4/8/2004. 14 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. THIS DOCUMENT HAS IMPORTANT LEGAL 10.5 PAYMENTS WITHHELD CONSEQUENCES. CONSULTATION WITH AN No deductions shall be made from the Architect's compensation on account of penally, ATTORNEY IS ENCOURAGED WITH RESPECT liquidated damages or other sums withheld from payments to contractors, or on account of the TO ITS COMPLETION THIS MODIFICATION. cost of changes in the Work other than those for which the Architect has been adjudged to be AUTHENTICATION OF ENT ELECTRONICALLY j g g DRAFTED AIA DOCUMENT MAY BE MADE liable. BY USING AIA DOCUMENT D401. 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 An Initial Payment of Zero Dollars ($ -0- ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, grid identify phases to which paivcularmethods ofcompensation apply, ifnecessary.) Utility Infrastructure $26,052 Basic AE Services through Bidding for Comfort Station $33,516 Landscape Design $13,391 Construction Administration Services $17,591' Storm Water Pollution Prevention Plan $3,000 Room Basic AE Services through Bidding for Entry Sign ` $2,250 $95,800 b e 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: 01997 A1A® (In ertaddiaonalphasesasappropriate.) AIA DOCUMENT B151-1997 For Basic A/E Services i ABBREVIATED OWNER -ARCHITECT AGREEMENT Schematic Design Phase: percent ( 30 %) - Phase: percent-(� The American Institute of Architects Construction Documents Phase: percent ( 65 %) 1735 New York Avenue, N.W. o Bidding or Negotiation Phase: - percent (5 /o) Washington, D.C. 20006-5292 G,.,...t_..,.t:,,,. nr.,...,,. per-eefA ( of © Copyright 1 8,0 1997 by The American Institute ot Architects. epro uction o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: sw-cs b151.aia -- 11/19/2003. AIA License Number 1015916, which expires on 4/8/2004. 15 Total Basic Compensation: one hundred percent (t00%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2, compensation shall be computed as follows: To be a mutually negotiated sum attached to a defined scope of services. 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (I) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for principals and THIS DOCUMENT HAS IMPORTANT LEGAL employees, and identify principals and classify employees, if required. Identify specific services to which particular CONSEQUENCES. CONSULTATION WITH AN methods ofcompensation apply, ifnecessary.) ATTORNEY 15 ENCOURAGED WITH RESPECT Standard hourly rates. See Exhibit B. TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY 11.3.3 For Additional Services of Consultants, including additional structural, mechanical DRAFTED AIA DOCUMENT MAY BE MADE and electrical engineering services and those provided under Subparagraph 3.4.19 or identified BY USING AIA DOCUMENT D401. in Article 12 as part of Additional Services, a multiple of (1.10 ) times the amounts billed to the Architect for such services. (Iderrtifyspecific types ofconsultants in Articlerz, ifrequired.) 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of (1.10 ) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 If the Basic Services covered by this Agreement have not been completed by April 1, 2005,';within t ` m^^'h^ of the dat w-e , through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and u.3.2. 11.5.2 Payments are due and payable (30 ) days from the date of the Architect's invoice. Amounts unpaid ( 31 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate ofinterest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of thisprotision. Specific legal advice should he ohtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) t 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. 01997 AIA® ARTICLE 12 OTHER CONDITIONS OR SERVICES AIA DOCUMENT B151-1997 (Insert descriptions of other services, identify Additional Services included within Basic Compensation and ABBREVIATED OWNER -ARCHITECT modifications to the payment and compensation terns included in this Agreement.) AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: sw-cs b151.aia -- 11/20/2003. AIA License Number 1015916, which expires on 4/8/2004. IL 'The Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711- 2337 or 333 Guadalupe, Suite 2-350, Austin, Texas 78701-3942, (512) 305-9000, www.tbae.state.tx.us has jurisdiction over complaints regarding the professional practices of persons registered as architects in Texas. This Agreement entered into as of the day and year first written above. Marc McDougal,` Mayor (Printed name and title) Attest: <�:P_l � -e-A Rebecca Garza City Secretary Approved as to Content Approved as to z2/=7s A; ARC HITEC (St 1ature) IHI5DOCUMENT HAS IMPORTANT LEGAL Mary K. CtftW, AIA CONSEQUENCES. CONSULTATION WITH AN Firm Principal ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. (Printed name and title) AUTHENTICATION OF THIS ELECTRONICALLY © Copyright 1971987,4, 1978, 0 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: sw-cs b151.aia -- 11/19/2003. AIA License Number 1015916, which expires on 4/8/2004. DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. .r- 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Resolution No. 2003—RO551 EXHIBIT A 19 November 2003 Re: Sam Wahl Recreational Area Comfort Station REVISED AE Services Contract Scope and Fee Proposal Parkhill, Smith & Cooper (PSC) is pleased to propose architectural and engineering services for a comfort station and an entry sign at Sam Wahl recreational area. Based on our recent discussions PSC has the following understanding of the scope to be performed: Site Selection Study: This task will be performed under separate contract. Utility Infrastructure: PSC will investigate several systems for providing water and waste water services to the project site. Based on a selected system PSC will then engineer the utility infrastructure. PSC understands that the systems to be evaluated will all be "stand alone" systems with capacity for this facility only. Utility infrastructure includes potable water, waste water and electricity. Basic Architectural and Engineering Services for the Comfort Station: This task will begin with the schematics phase and be completed with the bid phase. It is anticipated that the facility will be approximately 1,800 square feet in size and house a men's and women's restroom with 8 to 10 plumbing fixtures on each side as well as several showers. In addition the facility will have a mechanical/electrical room, janitorial space, and a 600 s.f. covered patio with seating and vending. Through evaluation of previous bids PSC anticipates that the construction cost will likely be in the $400,000 to $425,000 range for the building, $250,000 to $275,000 for the utility infrastructure and $30,000 for landscape/revegitation/remediation for a total construction budget range of $680,000 to $730,000. Landscape/Revegitation Services: PSC proposes to provide site/landscape design services for the 2 acre site icorporating both the Comfort Station area and the septic field area. This will include design of reseeding/resodding, investigation of temporary irrigation techniques, evaluation of irrigation needs, and replanting or design of new vegetation. Construction Administration Services: Construction time from Notice to Proceed to Occupancy is anticipated to be 8 months. PSC will hold monthly progress meetings (maximum of 9) at the site and observe the construction work at that time. PSC will make a maximum total of nine (9) other site visits during construction. PSC will review shop drawings and generally answer questions during construction. The shop drawing review process assumes that submittals will not require multiple resubmittals by the General Contractor. PSC will notify the City when a submittal has been rejected. AE Services for an entry sign near Gobbler Creek: This task will begin with the schematic phase and be completed with the bid phase. Three design concepts will be developed. Based on selected concept, construction documents will be developed. This sign project will be bid as one package in conjunction with the Comfort Station and constructed concurrently as well. It is anticipated that the construction cost budget for this would be $12,000 to $18,000. Storm Water Pollution Prevention Plan (SW3P): PSC will develop a Storm Water Pollution Prevention Plan for the Comfort Station site. With any site over 1 acre or any construction as part of a larger development, this plan is a requirement by TCEQ. Based on the scope of work and factors described above, a lump sum fee for the above described work is as follows: Utility Infrastructure $ 26,052 Basic AE Services for Comfort Station (SD —Bidding) $ 33,516 Landscape/Revegitation Planning Services $ 13,391 Construction Administration Services $ 17,591 Storm Water Prevention Plan $ 3,000 Basic AE Services for Entry Sign (SD — Bidding) $ 2,250 In summary PSC proposes a lump sum of $95,800 for the above described services. Resident Project Representative (RPR) Services: This will be considered an additional service and is not part of this initial contract or fee. Reimbursable Expenses: The following are likely expenses for this project. Anticipated Expenses Expense Budget site survey $3,000 geo-technical report on the soils for the structural foundation $3,500 geo-technical report for water percolation. $2,500 TDLR plan review and inspection required for TAS. $1,000 Postage, communication $ 500 Travel $4,000 Reproduction $5,000 All reimbursable expenses shall be billed at cost plus 10%. Based on the listing above a general budget of $22,000 for reimbursable expenses should be anticipated. Any Environmental and archeology studies that might be required would be in addition to this budget. Additional Services shall be performed on an hourly basis. PSC has attached a current PSC Hourly Rate Schedule. Both parties agree that a change in scope will be considered an additional service. An increase of more than 10% in either construction cost or project square footage shall be considered a change in scope. Added site visits, excessive construction time (more than 11 months), reviews of a submittal beyond the second submittal, and extended post -occupancy services (beyond 60 days after occupancy) will be considered additional service and billed at the PSC standard hourly rate. PSC will notify the City prior to performing work as an additional service. The proposed schedule for this project is from date of signed contract. Schematic Phase 2 weeks Owner Review 1 week Construction Documentation to 95% 4 weeks Owner Review 1 week Documents Completed for printing - Issue for bidding) I week Total 9 weeks Completion of Professional Services: It is agreed that professional services required by PSC for this project after 60 days of occupancy, 11 months of construction or after July 1, 2005 will be performed on an hourly basis. PSC looks forward to working with you and the City of Lubbock on this project and I know that the City is anxious to begin. -WAtt7-Jtff--1 Client: City of Lubbock Project: Sam Wahl Recreation Area Comfort Station Contract/Proposal Date: November If , 2003 Classification Hourly Rate PROFESSIONAL LEVEL VII Engineer VII Architect VIII Landscape Architect VIII PROFESSIONAL LEVEL VI Engineer VI Architect VII Landscape Architect VII Resolution No. 2003-R0551 Parkhill, Smith & Cooper, Inc. Hourly Rate Schedule Current through December 31, 2003 Classification Hourly Rate 139.00 PROFESSIONAL LEVEL 1 64.00 Intern (Architect) 1/11 Interior Designer III Intern (Interiors) II Engineering Technologist 1/II 114.00 Resident Project Representative 1/11 CADD Manager V PROFESSIONAL LEVEL V 98.00 Engineer V Architect VI Landscape Architect VI PROFESSIONAL LEVEL IV 85.00 Engineer IV Architect V Landscape Architect V PROFESSIONAL LEVEL III 76.00 Engineer III Architect IV Interior Designer V Engineering Technologist IV Resident Project Representative IV Landscape Architect IV PROFESSIONAL LEVEL II 68.00 Engineer 1/II Architect III Interior Designer IV Engineering Technologist III Resident Project Representative III Landscape Architect III SUPPORT STAFF III 61.00 Engineering Technician III/IV CADD IV Administrative Secretary III SUPPORT STAFF II 51.00 Accounting Clerk CADD Clerical Engineering Technician 1/11 Administrative Secretary I / II SUPPORT STAFF 1 31.00 Accounting Clerk Trainee CADD Trainee Clerical Trainee The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2003 through December 31, 2003. After December 31, 2003, invoices will reflect the Schedule of Charges currently in Resolution No. 2003—R0551 Parkhill, Smith & Cooper, Inc. Requirements for Insurance EXHIBIT C Client: City of Lubbock Project: Sam Wahl Recreational Area Comfort Station 1. The Architect shall maintain insurance coverage in the types and amounts listed below throughout the life of the agreement. The Architect shall also require its subcontractors to maintain appropriate levels of insurance throughout the life of the agreement. 1.1.1 Commercial General Liability Coverages: The Architect shall provide and maintain, and shall require all subcontractors to provide and maintain, insurance to cover claims for damages for personal injury, bodily injury (including wrongful death), and property damage. The coverage will provide protection for all operations by the Architect or any subcontractor or by anyone directly or indirectly employed by either of them. The minimum amount of coverage shall be $500,000.00 per occurrence and $1,000,000.00 general aggregate. 1.1.2 Comprehensive Automobile Liability: The Architect shall provide and maintain, and shall require all subcontractors to provide and maintain, insurance to cover claims for all owned, hired, and non -owned Vehicles. The coverage shall include protection of the Architect and subcontractors or anyone directly or indirectly employed by them. The minimum amount of coverage for bodily injury shall be $500,000.00 each person with $1,000,000.00 per each occurrence and property damage shall be $500,000.00 per occurrence. 1.1.3 Professional Liability Insurance: The Architect shall provide and maintain, and shall require all subcontractors to provide and maintain, insurance to cover claims for negligent acts and/or errors and/or omissions that may arise from the work performed by the Architect, subcontractors, or anyone directly or indirectly employed by them. The minimum amount of coverage provided shall be $1,000,000.00. 1.1.4 Worker's Compensation Insurance 1.1.4.1 Coverage A: The Architect shall provide and maintain, and shall require all subcontractors to provide and maintain, during the life of the Agreement, Worker's Compensation Insurance that complies with the laws of the State of Texas. 1.1.4.2 Coverage B: The Architect shall provide and maintain, and shall require all subcontractors to provide and maintain during the life of the Agreement, Employer's Liability Insurance with a minimum amount of coverage of $100,000.00 for each accident for bodily injury by accident, $100,000.00 for each employee for bodily injury by disease, and $500,000.00 general aggregate. 2. All insurance shall be procured through insurance carriers that are licensed to do business in the State of Texas as admitted carriers, and all coverages placed are subject to the Owner's approval as to form and content, as well as carrier. All required coverages shall be obtained and paid for by the Architect and its subcontractors at no additional cost to the Owner. 3. The Architect shall furnish proof of coverage to the Owner, and require the same of its subcontractors. 4. Upon receipt of any notice of cancellation or alterations, the Architect and subcontractors shall, within ten (10) days thereafter, procure other policies of insurance that are acceptable to the Owner and similar in all respects to the policy or policies about to be canceled or altered. Resolution No. 2003—RO551 soon 11111/a11®BEEN aaea1/E1/1NE11sume 1a1N111/11a1aEB aaiaaaaaaaai1e. aeBealiian aliN1Y -as alI 91 BI I® V•aa i ® 11Ba 1a B al - NB. •B 0/1/ al __ P-%. \ a®Ma 11 BB11 U I ® ^B al Iowa J .'aa aallaaaaaaa.Baalal N111.N11aBBBBN1aaa Randy Truesdell Director of Community Services City of Lubbock Box 2000 Lubbock, TX 79457 Re: Contract Amendment #1 Sam Wahl Recreational Area Comfort Station Site Improvements Dear Randy: March 2, 2004 Parkhill, Smith & Cooper, Inc. (PSC) proposes to provide additional architectural and engineering services for the Comfort Station at Sam Wahl Recreational Area. Specifically the services are to engineer and design the site paving for vehicular circulation (access and egress) as well as limited parking at the comfort station and some site lighting around the comfort station. The design effort will be incorporated into the construction documents already in design for the comfort station and will be bid as one project. The lump sum fee to perform this effort is $12,800. In addition because of the calculated quantity of water to be used at the comfort station (calculated using TCEQ standards) a TCEQ permit application will be necessary to TCEQ. The effort to develop the application is proposed to be completed on an hourly basis by PSC with a maximum fee of $6,000. Please sign both copies and return one to me. Thanks. PARKHILL, SMITH & VCOOPER,C. By Mary r es Firm Principal Parkhill, Smith & Cooper, Inc® Engineers ■ Architects 1 Planners 4222 85th Street, Lubbock, Texas 79423 (806) 473-2200 FAX (806) 473-3500 CITY ORLUBBO K By arc McDo Mayor Attest: By -e e" Rebecca Garza City Secretary Approved as to Content By — 41A—z-:�Op Ra dy ruesdell Approved as to Form Linda Chamales Lubbock ElPaso Midland Amarillo Odessa