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HomeMy WebLinkAboutResolution - 2003-R0496 - Engineering Services Contract For Gateway Enhancement Project - 11_06_2003Resolution No. 2003-RO496 November 6, 2003 Item No. 30 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LU13BOCK: 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 between the City of Lubbock and Parkhill, Smith and Cooper, Inc. to provide architectural and engineering services for the North University Gateway Enhancement Project. 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 City Council. Passed by the City Council this 6th ATTEST: ty Secretary APPROV KTENT: Craig Farmer Managing Director of Planning & Transportation APPROVED AS TO FORM: Assistant City gs/ccdocs/Res-Contract-Parkhill, Snuth&Ciooper Inc Oct. 27, 2003 2003. Resolution No. 2003—RO496 November 6, 2003 Item No. 30 1997 Edition - Electronic Format AIA Document B151 - 1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the 27 day of October in the year 2003 (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: ()Vame, address and other information) City of Lubbock Box: 2000 Lubbock, Texas 7J457 and the Architect: (Name, address and otherinforma on) Parkhrli, Smiiti &Cooper•; lnc. t('SC 4222 $5th Streot Lubbock, texas 79423 For the following Project: (Include detailed description ofprolect) North Un'iyeriity. /1venUe (1/2 block atewayStreet 1 'ri cerrlent project: See 15xhibiit A for detailed r�cope' 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. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION W1TH 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. 1.3 The Architect shall designate aMary Crites, AIA,' Firm Pincipa`C of PSC as the: ®1997 A1P representative authorized to act on behalf of the Architect with respect to the Project. AIA DOCUMENT B1 ABBREVIATED OWNER -ARCHITECT 7 AGREEMENT 1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. The American Institute of Architects 1735 New York Avenue, N.W. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES Washington, D.C. 20006-5292 2.1 DEFINITION Copyright y The American Institute ot Architects. epro uct on 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: gateway-strt enhancement-agree.aia -- 10/27/2003. AIA License Number 1015916, which expires on 4/812004. 2�03 -�LW9� 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 PProac CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 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 MI. Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. �0.2.5 The Architect shall submit to the Owner a preliminary estimae OpIrEI_r1 at If.ab16 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. �Al 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate - efOpinon 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. t 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding �,� atijt, ;r information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. 01997 AIA® tNW .4.3 The Architect shall advise the Owner of any adjustments to previous preliminary AIA A BREOV UMENTED OWNER ARCHITECT estima#es) inions Of Probable Construction Cost indicated by changes in requirements or AGREEMENT general market conditions. 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. Copyright 1974, 1978, 1977,.1987,y The Amencan 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: gateway-strt enhancement-agree.aia -- 10/27/2003. 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 -4-0pin on of Pf6bab11e 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 er-6e 30 days after the date of Substantial Completion of the Work, 60 days after the 1 sf _THIS DOCUMENT HAS IMPORTANT LEGAL "punchlist" is developed; of '6 months after start of construction. CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT 2.6.2 The Architect shall provide administration of the Contract for Construction as set TO ITS COMPLETION OR MODIFICATION. forth below and in the edition of AIA Document A2or, General Conditions of the Contract for AUTHENTICATION OF THIS ELECTRONICALLY Construction, current as of the date of this Agreement, unless otherwise provided in this DRAFTED AIA DOCUMENT MAY BE MADE Agreement. Modifications made to the General Conditions, when adopted as part of the BY USING AIA DOCUMENT =I. 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, (1) 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 IF. .; 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 01997 AIA® Work in accordance with the requirements of the Contract Documents. The Architect shall be AIA DOCUMENT B151-1997 responsible for the Architect's negligent acts or omissions, but shall not have control over or ABBREVIATED OWNER -ARCHITECT charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, AGREEMENT or their agents or employees, or of any other persons or entities performing portions of the Work. The American Institute of Architects 1735 New York Avenue, N.W. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation Washington, D.C. 20006-5292 or progress. Copyright y 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: gateway-strt enhancement-agree.aia -- 10/27/2003. AIA License Number 1015916, which expires on 4/8/2004. 2003- Zc 4%, Mw 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 on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (i) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.10 The Architect shall have authe-Fejeetr otify a ld ;tYlmaCc� tecOmmeridatlons t0' the, Owner Congeming Work that does not conform to the Contract Documents. `per - the Afrzhitervt eensiders 4 neeessary -ef advisable, 4hel'hb� Architect shall have- aeihei�yr rrimetnd to the Cnvher" Nhen tFie architect colnsic ers, i ne essarj to require inspection or testing of the Work in the 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 Contractors 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 quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically 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 of an assembly of which the item is a component. 2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Copyright y The Amencan Institute ot Architects. epro 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: gateway-strt enhancement-agree.aia -- 10/27/2003. 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 D401. 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 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 3J.i 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. V�f2.6.14 The Architect shall, c-endaet inspeetiens 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 inspeet-OIiS@1ti 6n. indicating the Work complies with the requirements of the Contract Documents. 2 6 15 The Architect shall interpret and decide matters and rhae reCorYft111t(atl�Tls to the 004i'"`concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the 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 y The American Institute ot Architects. epro 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: gateway-strt enhancement-agree.aia -- 10/27/2003. AIA License Number 1015916, which expires on 4/8/2004. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 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 B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 200�) - CL.OL4q 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on -site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be.compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the presence at the site of such Project Representatives, the Architect shall THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQNITHAN endeavor to provide further protection for the Owner against defects and deficiencies in the ATTORNUENCENCOURS. CONSULTATION WITH RESPECT P P g ATTORNEY 15 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 TH15 ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE 3.3 CONTINGENT ADDITIONAL SERVICES BY U51NG AIA DOCUMENT D407. 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 Contractors 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 BISI-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 y 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: gateway-strt enhancement-agree.aia -- 10/27/2003. AIA License Number 1015916, which expires on 4/812004. 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 Owners 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. rtl'4.10 Providing detailed estimetes-40plgi0r�g OfrababI 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 y The American Institute ot Architects. epro 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: gateway-strt enhancement-agree.aia -- 10/27/2003. 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 br,in the absence`of a gnal Certificate far Payment; th" earlier' Of either more than 60 days after occupancy of the proledt spade,'or 5 mnth os of 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 15 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 MI. 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 1:5 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 y 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: gateway-strt enhancement-agree.aia -- 10/27/2003. AIA License Number 1015916, which expires on 4/8/2004. 2()U3- V-0LAgl9 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. 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. 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 ear: ost to the Owner of all elements of the Project designed or specified by the Architect, as stated in the latest (pirrtgn of ;(probable host. 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 emote -OpUliofrt of. Probable of -Construction Cost and detailed e s�CipInKN15 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 that bids or negotiated prices will not vary from the Owner's Project budget or from any estate-efOpinibn Of Probable Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of 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 y 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: gateway-strt enhancement-agree.aia -- 10/27/2003. AIA License Number 1015916, which expires on 4/8/2004. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. sI A 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 2003 - U)L4cl necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 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 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. 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further , reproductions of Instruments of Service and shall return to the Architect within seven days of 40 termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to 01997 AIAO 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 Copyright y 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: gateway-strt enhancement-agree.aia -- 10/27/2003. AIA License Number 1015916, which expires on 4/8/2004. Ice 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 THIS DOCUMENT HAS IMPORTANT LEGAL forth the specific conditions governing the format of such Instruments of Service or electronic CONSEQUENCES. CONSULTATION WITH AN data, including any special limitations or licenses not otherwise provided in this Agreement. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. ARTICLE 7 DISPUTE RESOLUTION AUTHENTICATION OF THIS ELECTRONICALLY 7.1 MEDIATION DRAFTED AIA DOCUMENT MAY BE MADE 7.1.1 Any claim, dispute or other matter in question arising out of or related to this BY USING AIA DOCUMENT D407. Agreement shall -may be subject to mediation as-aEendkien pr-eezedent-te aritraiien-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. 'V 7.1.2 The Owner and Architect shalldeaver may 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. 744 Ai+y elair, dispuie -Of A4kematter -in geestien -arising -eta# -of -of -related 4e 4his - Agreement -shall -be subjeet4ee Pfier4e aFbitr-a4ien, 4he-paAies-skill-eideavef 4e-s to 6.4 _AV *--ir 'riz Cis, disputes -and -etlremauer-s -in -question between -the -pafties -that -ar-e -net - a:eSelXeJ* mediation defi4ed43y afbitration whieh, unless -t -paF iesmuto agi22- 01997 AIA® et eimse, -shall -be -in wee -wrth -the Gexstruetien lndustFy Ar-bi#r-atien files -Of-the-AIA DOCUMENT BISI-1997 -im effeet The a,,manate ABBREVIATED OWNER -ARCHITECT in siting with -the -ether- -pares 4e -this eeinent -and -A4h -the American Arbitr-mien -AGREEMENT Asseeiaien. The American Institute of Architects 7.44 Adeinand 49F arbitmtien-shag -be -Fnacle ',. -0 reaeasonable#pie-afler-13e Ela:— -1735 New York Avenue, N.W. AiRMIRIPAr. Ashor. ..era, in mRoSsiAN h 7„RA O „I ..hAJI J1.,, aP „d FAV Th hP Washington, D.C. 20006-5292 f HadB-aftf'F -the -(late _edingc-based- Copyright y 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: gateway-strt enhancement-agree.aia — 10/27/2003. AIA License Number 1015916, which expires on 4/812004. 7-.2-.4 No aribitr-mien -a Wag -out -ef -e+ Felating -to 4his Agfeement -shad Vie; * - eenselidatiee48f-jeinder-e -in affy othermannef, addi4ieml gefsee er-erttity-Fke#-a paw to - this "d' �.�-�•, eXEegt* writterzEORSeRn eentakiing-a spesifie ref'erexee4e4his Agreemen4- and -signed * 4he-"vner3 AFEhite6t; -a-n4 -axy ether -per -sea -or -entity -seagkt -to -be jeined. - Gensent-te erbitratienkwelvin addiiienal-persen-entity-shall not eenstitute eensent to arbi#ratien of Maim, dispute -er ether fxa4er -in question -not desefibed -in -the -written - 7-.-2-.6 The award r-endered*4ke-arbitra4er er-arbi#ratem shall bjudgment _ THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES TO ITS COMPLETION OR MODIFICATION. The Architect and Owner waive consequential damages for claims, disputes or other matters m AUTHENTICATION OF THIS ELECTRONICALLY q $ 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 go 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 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' 01997 AIA® 97 written notice to the Architect for the Owners convenience and without cause. AIA DOCUMENT 8 151-1ABBREVIATED OWNER -ARCHITECT CHITECT AGREEMENT r,4vg 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 The American Institute of Architects then due ^^a all m, ff-s-i.,atien r.,..,...ses as defined in Par-a,..aph 8 , 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ri- TeFmifiMien -Leases are -in additien 4e cempensatien 44 -the s-_.-_ -of 4he - Copyright y The American institute ot Architects. epro uchon 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: gateway-strt enhancement-agree.aia -- 10/27/2003. AIA License Number 1015916, which expires on 4/8/2004. 12 of 4—he sep_4epes net peffermed by the Afehi4eet-.— 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 WITH AN to run not later than either the date of Substantial Completion for acts or failures to act ATTORNEY 15 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 U51NG 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. ti 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. ®1997 "�"® AIA DOCUMENT 8151-1997 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 y 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: gateway-strt enhancement-agree.aia -- 10/27/2003. AIA License Number 1015916, which expires on 4/8/2004. 13 �QL49 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, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: 1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; /v'.3 for bidding purposes, the zeproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; e"ense -of eveFtime iveA Fe"iFing 4iioff 4haa r-egulaf rates 4 au4hefized -in - advanee by the Orvnef; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; .8 other similar direct Project -related expenditures. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph iia is the minimum payment under this Agreement. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 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 BISI-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 r.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 y The American Institute of Architects. epro 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: gateway-strt enhancement-agree.aia -- 10/27/2003. AIA License Number 1015916, which expires on 418/2004. 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 penalty, TO IATTORNEY 15 NCOURTIONR AGED DW T H RESPECT TS liquidated damages or other sums withheld from payments to contractors, or on account of the AUTHENTICATION OF THIS ELECTRONICALLY cost of changes in the Work other than those for which the Architect has been adjudged to be DRAFTED AIA DOCUMENT MAY BE MADE liable. BY USING AIA DOCUMENT D407. 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, and identify phases to which particuArmethods ofcompensation apply, rfnecessary.) Basic A/E Services-:"Stlpulafed Sutn of $53,850' plu'§ ieimbursable eXpenses; 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: (Insert additional phases as appropriate) For I Basic `A%E $ervices Schematic Design Phase: - percent (2'5 %) (, R .�5.. -� V(-'Pesiga pe�ent 1%6) r Construction Documents Phase: percent( 45 %) Bidding or Negotiation Phase: percent( 5 %) Construction Phase: percent( 25 %) 01997 AIA® AIA DOCUMENT BISI-1997 Total Basic Compensation: one hundred percent (i00%) ABBREVIATED OWNER -ARCHITECT AGREEMENT 11.3 COMPENSATION FOR ADDITIONAL SERVICES The American Institute of Architects 11.3.1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2, 1735 New York Avenue, N.W. compensation shall be computed as follows: Washington, D.C. 20006-5292 To be a mutually negotiated sum attachedto a defined soope of services. Copyright y 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: gateway-strt enhancement-agree.aia -- 10127/2003. AIA License Number 1015916, which expires on 4/8/2004. 15 2W3 - WOLAR(-Q 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods ofcompeasa6gn apply, ifnecessa!y) Standard hourly rates: See `Rxhibit B 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of (115 ) times the amounts billed to the Architect for such services. (Identifyspeci6c types ofconsultantsin Articlet2, 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 (f. 9 ) 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 within ( 12 months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10-3.3 and n-3.2. 11.5.2 Payments are due and payable (3Q ) 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 ofmterest agreed upon.) (Usury laws and requirements under the Federal Truth m 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 ofthis provision. Specific legal advice should he obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 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. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modr6cateons to the payment and compensation terns included m this Agreement ) 12 1 Exhlliit A -Scope Of Services speeflcally described ces tq be, perf0rr>"ed i2,„ Exhjbit :B I'SC Stati'all nd Hourly Date $cCiedule 12 3 E xhibtt C - Requirements far Insurance' Copyright y 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: gateway-strt enhancement-agree.aia -- 10/2712003. AIA License Number 1015916, which expires on 4/8/2004. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 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 B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 16 t 20O:��- UL19L This Agreement entered into Marc (L rmted name and titiel Attest: R cci Garza city secretary , Mayor Approved as to'orn /�z-John Kpight City Attomi C4ff1 . day and year First written above. AR I T (Signature) 100' K ' ri es, AIA Firm i�rincI al (Printed name and title) 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 D4Di. 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 Copyright y The American Institute ot Architects. epro 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: gateway-strt enhancement-agree.aia — 10/27/2003. AIA License Number 1015916, which expires on 4/8/2004. 17 Resolution No. 2003—RO496 Exhibit A REVISED - October 28, 2003 North University Avenue Gateway Street Enhancement Project Scope of Architectural and Engineering Services Parkhill, Smith & Cooper, Inc. (PSC) is pleased to propose architectural/landscape architecture/engineering services for this project. Based on our discussions the following information constitutes our understanding of the scope of basic services. Project Description: The project site is located on both sides of the University Ave between 3rd Street and the alley to the north. On the west side of the Street the project site is in the current Right -of —Way. On the east side, the project site is the open lawn area from the curb to an unspecified distance towards the old fire station building currently owned by the Fiestas del Llanos organization. Once a boundary is set this area will be Right -of - Way as well. The front and rear yard of the old fire station is not part of the project site. The intent of the project is to provide streetscape enhancement including, new landscaping, irrigation, new pedestrian paving, accent lighting and a visual focal point for the neighborhood as well as the possibility of banners and lighting along this section of University Avenue. Vehicular lighting and street paving is not part of the project scope. The use of an artist is not part of this project. Pieces of art, may be located outside of this project by another entity, but is not part of this project. The total project budget is $517,400 with an anticipated construction budget of $450,000. Basic Services: Concepts/Schematic Phase: The PSC Team will develop 3 concept/schematics that incorporate: • Design of lighted banner towers for both sides of University. ■ Open air landscaped plaza on the east with a tall symbolic tower, water feature, and seating/wall Deliverables for each concept include site plan, 1 color marker sketch style renderings and a preliminary opinion of cost. The 3 concepts will be presented to the City during a review meeting. Construction Documentation Phase: PSC will proceed developing the selected design to a 50% complete level. Materials will be selected, the design refined, and a more detailed opinion of probable cost developed. One city review meeting is planned. One courtesy meeting with TxDOT is planned during this phase. Based on review comments from the City, PSC will complete the construction documentation and a final review meeting will be held. Bid Phase: PSC will assist the City during this phase by issuing the drawings to bidders, attending a pre -bid meeting and issuing any addenda as requested by the City. PSC will attend the bid opening. Construction Phase: PSC will assist the City during this phase with a defined level of service. PSC will make periodic site visits to observe construction in progress, review General Contractor pay applications, respond to General Contractor construction questions, and review shop drawings submitted by the General Contractor. PSC's defined level of service during construction is based on the following parameters. A construction time of 4 months and a total of 14 site visits, including site meetings for the entire construction phase services from Pre -Construction Meeting to Project Closeout. The shop drawing review process assumes that submittals t LUC3 3 — IZpc- will not require multiple resubmittals by the General Contractor. PSC will notify the City when a submittal has been rejected. If a submittal has a second rejection, PSC requests the City review the situation with the Contractor to limit repeated reviews. Professional services by PSC for this project will be considered complete 60 days after the date of the first "punch list" or 5 months of construction which ever comes first. Added sites visits, excessive construction time, reviews of a submittal beyond the second submittal, and extended post -occupancy services 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. Project Schedule: The proposed schedule for this project is from written notice to proceed: Initiate project and order survey 2 weeks Schematic Phase 3 weeks Construction Documentation to 50% 4 weeks Owner Review 1 week Construction Documentation to 95% 4 weeks Owner Review 1 week Documents Completed for printing 2 weeks Printing of bid sets 1 week Total 18 weeks Proposed Fee: Based on our understanding of the project description, scope and effort described above, PSC proposes a lump sum fee of $53,850. plus reimbursable expenses for Basic Services. Reimbursable expenses shall not exceed $8,500 without Owner approval. All reimbursable expenses shall be billed at cost plus 15%. The following will be considered reimbursable expenses: site survey, TDLR review/inspection, faxes, postage, long distance communication and reproduction. Renderings in watercolor or oil, and scale models will be considered reimbursable expenses, however they are not included in the reimbursable budget stated above and a mutually agreed fee will be negotiated for these at the time of the request. Services authorized by the City to be performed by PSC beyond that described above shall be performed as an additional service and billed on an hourly rate. Professional Services Beyond Basic Services: Where Professional Services are requested that are beyond basic services these services will be performed on an hourly basis in addition to the lump sum fee. One such possible effort would be the coordination of this project with the adjoining property owners. Other types of service outside the Basic Services would include but not be limited to additional meetings, excessive construction time, increased construction cost/budget or Owner requested changes to the design after approval Services to be performed by the City: Any required archeological survey or environmental remediation related to the site is to be done separately by the Owner as a separate effort. Surveying may be provided by the City or if desired provided by PSC as a reimbursable expense. EXHIBIT B Client: City of Lubbock Project: Gateway Street Enhancement Project Contract/Proposal Date: October 27, 2003 Classification Hourly Rate Resolution No. 2003-R0496 Parkhill, Smith & Cooper, Inc. Hourly Rate Schedule Current through December 31, 2003 Classification Hourly Rate PROFESSIONAL LEVEL VII 139.00 PROFESSIONAL LEVEL 1 64.00 Engineer VII Intern (Architect) 1/I1 Architect Vill Interior Designer III Landscape Architect Vill Intern (Interiors) II Engineering Technologist 1/II PROFESSIONAL LEVEL VI 114.00 Resident Project Representative 1/11 Engineer VI CADD Manager V Architect VII Landscape Architect VII SUPPORT STAFF III 61.00 Engineering Technician III/IV PROFESSIONAL LEVEL V 98.00 CADD IV Engineer V Administrative Secretary III Architect VI Landscape Architect VI SUPPORT STAFF II 51.00 Accounting Clerk PROFESSIONAL LEVEL IV 85.00 CADD Engineer IV Clerical Architect V Engineering Technician 1/II Landscape Architect V Administrative Secretary I / II PROFESSIONAL LEVEL III 76.00 SUPPORT STAFF 1 31.00 Engineer III Accounting Clerk Trainee Architect IV CADD Trainee Interior Designer V Clerical Trainee 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 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-RO496 Parkhill, Smith & Cooper, Inc. Requirements for Insurance EXHIBIT C Client: City of Lubbock Project: Gateway Street Enhancement Project Contract/Proposal Date: October 27, 2003 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 $500,000.00 general aggregate. 2. All insurance shall be procured through insurance carriers that are licensed to do business in the State of Texas as admitted carriers, and all coverages placed are subject to the Owner's approval as to form and content, as well as carrier. All required coverages shall be obtained and paid for by the Architect and its subcontractors at no additional cost to the Owner. 3. The Architect shall furnish proof of coverage to the Owner, and require the same of its subcontractors. 4. Upon receipt of any notice of cancellation or alterations, the Architect and subcontractors shall, within ten (10) days thereafter, procure other policies of insurance that are acceptable to the Owner and similar in all respects to the policy or policies about to be canceled or altered. r . Resolution No. 2003-RO496 CECIL DUNN INS AGCY PAGE 02 ACOR L CERTIFICATE OF LIABILITY INSURANCE og 04_/2003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORM1kTWN C&CIL-I)MgN XXSURMC$ i4QMWr ONLY AND CONFERS NO MI4TS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3= 3870 ALTER THE COVI:RAGR AFFORDED BY THE POLICIES BELOW LUHb.,CR, TZ 79452 P:606-747-3404 Ti : 806-747-1527 INSURERS AFFORDING COVERAGE MUM INSURER A: W012701U ZLOTDS/RISC IWJURERB: TN= CITT 213M/RXSI; Parkhill, Smith C Co _' Inc. INSURERC: EARTPM UIID "7s.3=T=S/RISC 4222 85th Strost Liibbock TX 79423- INSURER D: UARTTFORD CASVALTY/=$C INSURER E: MUMPAL3ES THE POLICIES OF INSURANCE LISTED SLLOW HAVE BEEN ISSUED TO THia INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION QF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUMWE AFFORDED BY THE POLICIES DESCRIBED HERI3IN IS SU9J8CT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE I,IMI'I'S $MOM MAY HAVE BEEN REDUCED BY PAID CLAIMS. YWEOFINSURANiC1: POLICYNUMBER POI FfiCTlYB PD P 12/a5/2003 umrfs EACw OCCURRENCE s 110004000 00VAL LIABILMY GOMMEAoALG9mt&L1AmLITY CLAIMS MADE ® OCCUR 46-MW—MI259 12/05/2002 RREDAMAOEftcL* s 300,00 MEDExP n a»w+'ti+a+ s 10 000 PERSONAL a ADV INJURY s 1,000,000 cMIMALAGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPL168 PER POLICY M- LOC PRODUCTS . COW1010 AGO E 2,000 000 AUTOMOBILKLIABLmr ANY AUTO =4SIN3LEUMIT S 1,000,000 $ R txnRDAUTOG HIRED AUTOG 46-VSllf-UR3281 12/03/200 �.x/05/2003 �P Ilzv s ® NON.0IMMW AUTOS BODILY INJURY Ver aoddw4 ; (PPROaracgden4)PI RiY DAMAGE s. -9ANY OARAGiLIABILTiY AUTO - --- AUTO ONLY -EA ACCIDENT s OTNBR THAN FA AM AUTO ONLY: AGO S s E=1114 UABILRII OCCUR ®��MADE DIMUCTIBLE RerENTION S 10,000 46-XM-ON0465 12/03/2002 12/05/2003 EACH OCCURRENC9 $ _ 2,000,00 w' AG6REOATE s 2,000 000 s # A WORKISKS COMPIMSATION AND 1IMPLOYMWLIAII M C n6-1qE-13C6395 12/05/2002 12/05/2003 ELWILMAWOW s 1,000 00 @L. DISEASE- EA EMPLo s 1, 000 , 00 OTHER F-LDISEASE -POLICYLIMrr s 1,000,000 DESCRimm of oaeRAnoNsn ooA us10N$ ADDED BY ENOORSWRIO 8PN"cOIAL PROVISIONS PROJECT: wger-nuLUCK ILjj ADDf[IONAL PMM IN&MpR CANCELLAT SHOULD ANY OF THE ABOVE DESCRIBED POLIMos ME CANCP_U.EO BEFORE THE EXPIRATION OATH TMREOP, TKE ISSUING INSURER WILL ENDEAVOR TO NAIL 030 DAYS WRITTEN NOTICS To Twe cownFICATEMOLOM K MED TO M LEFT, BUT FALURK TO 00 $0 $NAIL IMPOSE NO OBLIGAMN OR LIAsuryOF ANY Kmo UPON Tw INMJRER, IT8 AGENTS OR REPR1eSENTATIVOR AUTHORIZED R "ITATIVE - �A^^ain I�pAT1I�1 AMO zoo3-e0gq(, ACORD. CERTIFICATE OF LIABILITY INSURANCE oii27/2003'' PRODUCER McLaughlin Brunson Insurance Agency - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 10925 Estate Lane HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 250 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas TX 75238 INSURERS AFFORDING COVERAGE INSURED Parkhill, Smith & Cooper, Inc. INSURER A: Great American Assurance Company 4222 85Th Street INSURER B: Lubbock TX 79423 INSURERC: INSURER D: CAVFRAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE A POLICY EXPIRATION AT MM D OMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE DOCCUR EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JET_ F1 LOC PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANYAUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY W STATU- OTH- T RY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT 1 $ A OTHERProfessional Liab. EDN 5655502 01/10/2003 01/10/2004 $ 2,000,000 Per Claim/Aggregate DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. CERTIFICATE HOLDER 1 1 ADOMONAL INSURED_ INSURER LETTER: ' CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Master Certificate DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S (7197) v © ACORD CORPORATION 1988