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Home My WebLink AboutResolution - 2002-R0466 - Contract For Architectural Services - Parkhill, Smith & Cooper - 10_24_2002Resolution No. 2002-RO466 October 24, 2002 Item No. 23 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 for Architectural Services, by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., and related documents. 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 24th day of October 2002. //' /"� I ARC MCD UGAL, MAYOR ATTEST: " P, I jwe�� '�C� Rebecca Garza City Secretary APPROVED AS TO CONTENT: Corbin Pemberton Community Projects Manager William de Haas Contract Manager/Attorney Mocs/kb/PSCcentennial.res October 14, 2002 Resolution No. 2002—RO466 October 24, 2002 Item No. 23 1§91 Edition - Electronic Format AIA Document B141 - 1997 Standard Form of Agreement Between Owner and Architect with Standard Form ofArchltect rs Services TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT made as of the * day of N00 in the year 2qo (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) City; of Lubbock P O. Elox 2' 'd LubbocC,� 5 and the Architect: (Name, address and otherinformation) Parkhl(I,mt& Coop`-r; 422 '85' h S r ,61 Lubbock, T, k' ', See AttachiW"Co0*nrption of "services "ro�ide The Owner and Architect agree as follows. ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 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: col-centennial-ph3- agr.aia -- 10/1012002. AIA License Number 1015916, which expires on 5/6/2003. 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. © 1997 AIA® AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 (Note the disposition for the following items by inserting the requested information or a statement such as 'not applicable," "unknown at time ofexecution "or 'Yo he determined later bvnridhial agreeMciii.') 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: (Identify ordescnbe lfapproprate proposed use orgoals ) To -design apace and #f1e ro corm orate fie City`ef Cubboci<�s Cen#enlial: 1.1.2.2 The physical parameters are: (Identify or describe, ifappropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.) See AttaOffiei t , 1.1.2.3 The Owner's Program is: /Identify documentation orstate the mannerin which the program will be 1.1.2.4 The legal parameters are: (Identifypertinent legal information, including, ifappropriate, land surveys and legal descriptions and restrictions of the site.) 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: Amount -of 4he 9riner-'s budget -fer -the -Gest -o€ -the Work, wig -the - Arehiteet's compensation, is.: 1.1.2.6 The time parameters are: (Identfy ifappropn� te milestone dates dura tions or fast track sch eduling.) Notice to,rocee No em er rna1 lrisfatlaiio of Arfovember 003' 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identifymethod such as competitive bid, negotiated contract, or construction management.) 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) 14" identified ai f lis'time. 1.1.3 PROJECT TEAM 1.1.3.1 The Owner's Designated Representative is: (List name, address and otherinformation.) City ofubliock, Park' Oepartrn%1 Corpiil -Pemberton 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and otherinformationd City of°Lubbeck Advrsary Corlima, © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, O 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/6/2003. 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. © 1997 AIA® AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and, ifknown, identify them byname and addiess.) None 1.1.3.4 The Architect's Designated Representative is: (List name, address and otherinformation.) iltary Crites; Firm�rincrp,`SC 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and, if known, identify them byname and address.) Steve Teeter�5t E%giustudro lrtsf Cubbuc „Sr e GiuI S ud,ypq ,filed ricaf�ngine r The following cons�tantsif rewired acre not rtalne�wafie,rciitects epens�ean wcstald be reimbursable ex� , ., eperaragrap�i �5 4,w Construcion Haters" hest ng Sur�%y and/or Geatec ntca S rurc69 ��r`�dscape Arcbrtectur 1Vlecryanrcal, T�lumbi g ngrneer 1.1.4 Other important initial information is: 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AIA Document A2oi current as of the date of this Agreement;.,or asG(i 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. 1.1.6 The information contained in this Article m may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, however, recognize that such information may change and, in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in, accordance with Paragraph 1.3.3• -ir ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES © 1997 AIA® 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their AIA DOCUMENT B141 - 1997 respective obligations under this Agreement. Both parties shall endeavor to maintain good STANDARD FORM AGREEMENT working relationships among all members of the Project team. The American Institute of Architects 1.2.2 OWNER 1735 New York Avenue N.W. 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full Washington, D.C. 20006-5292 information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, e 1974, 1977, 1987, O 1997 y T Amencan 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/6/2003. information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. 1.2.2.3 The Owner's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's 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 This document has important legal progress of the Architect's services. consequences. Consultation with an attorney is encouraged with respect to 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in its completion or modification. Paragraph 1.1. or authorize the Architect to furnish them as a Change in Services when such AUTHENTICATION R THIS g P 3 g ELECTRONICALLY DRAFTED AIA services are requested by the Architect and are reasonably required by the scope of the Project. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. 1.2.2.7 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. 1.2.3 ARCHITECT 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. 1.2.3.2 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 initially shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, 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. 1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3 shall be © 1997 AIA® authorized to act on the Architect's behalf with respect to the Project. AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, The American Institute of Architects create the risk of significant harm to the public or prevent the Architect from establishing a 1735 New York Avenue N.W. claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's Washington, D.C. 20006-5292 consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. O 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 0 1997 by Me 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA license Number 1015916, which expires on 5/6/2003. 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, theat ,„Ft-p"noofe htng CgmpOo the Owner of all elements of the Project designed or specified by the Architect. 1.3.1.2 The Cost of the Work 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. 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -of -way and financing, 1`UWcepn'g,:!, C011SruGt70aePtates or other costs that are the responsibility of the Owner. 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, specifications, tl' q uai WSCUp�USand other documents, including those in electronic form, prepared by the Architect, ; ls€ 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. 1.3.2.2 Upon execution of this Agreement, the Architect dt]d grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of M /��constructing, using and maintaining the Project♦; provided tl3e call Eemply k- 'Vv - a4 obligations, including 'prompt paymeR4 of a! sums whenfie; under_A_o�---, , .. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. A.-ty t anon-ef4his Ag ent-pfieF-to completion of the Preject- ��J��1�t`�� shall a to 44A& -lice curse. —^ ckC of in t i ,,;, 4h� e-&yra_-ll � io-maldng - 1 " � py�Yp�tiel}s o inIca-tli tc-ttYitt�13'[tttr-et)�r- 4e4he A •Tachiteetwithin seven - by -law; -to make rchanges, -ceffeetions -eE -additions 4e 4he instruments -of -SeMee -SOWY -for - purposes of , using mid maintaining the Pr-ejeet. © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by T e 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/6/2003. 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 U51NG AIA DOCUMENT D401. © 1997 AIA® AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 1.3.2.3 Except for the licenses granted in Subparagraph 1.3.2.2, no other license or right shall be deemed granted or implied under this Agreement. The 4A-not assign, delegate,- pfief w itten;3greement 9f-the np act itecT However-, Owner- peffnitted4e authefize- the Sub .,1,en4r-,eter-.-and materict-of equipment suppliers -to - reproduce applicable portions of the instruments of SeMeeapprepriateuse-in4heir- SUbmissiell or- distfibution of Tnst s -a 4e mee ia1 regulate req� cFnlc^-Frai-or -for- similar purposes Off - cennectie 41i2 PrejeC-t is sotto be Eanstrue as ublieatien4n derogation of the reserved- . , ghts of the Ar-chiteet and the s consultants. The Owner- shall not use the 1fistr-uments of e-fen future errs-er ^l 4e4his Project-er-foftetherr-ejeets,unless-the- Fobtains 4he 'a a -'� n hite.a-and-the A hite..a'� laaRt j3rier �:rircca-i3�P�r2@I�2e$t �-acnicccc �xicrrizccr s �-- Any unauther-ized use -of 4he rocs- 4 -of Ser-vice —,ball -be -at 4he Owner's -sole -Fisk -and - w4hout liability to the Ar-Ehiteet and the A.chi eea's ult. nts �4 �ier4e�ie� xca��-providing �e-the�e>:-a�ry��f-Ser�iee�-��a� f9rFt3-Ar4he OwneF providing n rehitcct-a}ly elcccc reek -atiAriili#9 ti32- lnstr ents-ef SeMce;4he$Nffler-an44he r-ehiteEt-shall* separate written agreemefli - f'erth4he specifie conditions goveming he format of. such instruments of-Sen4e e1e k- 3:2, Reproduc lol� l lgllis �r�ci se�'I fie Worspa 1.3.3 CHANGE IN SERVICES 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 0 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/6/2003. 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. © 1997 AIA® AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Paragraph 1.5.2, and to any Reimbursable Expenses described in Subparagraph 1.3.9.2 and Paragraph 1.5.5• 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: 1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; .3 decisions of the Owner not rendered in a timely manner; .4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .5 failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article m. el .34 MEDIATION 1.3.4.1 Ai-ry elate; dispute -or -ether utter -in question -arising -out -of -of related 4e -this - Agreement -be subject -to mediation -as -a eenditien preeedent 4e arbit-ratien -or eke - 147 The Owner- arld n r hitee endeaveF tozresolve elaimsdisputes tether matter-s- inquestion between their*y mediation NvhiEh, unless -the partiesmutualy agree ethenvise,- shall -be -in aceerRanee-with -the e'enstmetion industry Mediatien Rules -of -the American - Arbitr-ation Asseeiatien euffently-in egact. Request for- mediation -in writing - the other paftyAeAgreement AmerieanArbitratienAssoEiatien. request - may -be made copy with -the -filing -of -a demand -for aFbitratien 4mt-, -in -suchwent; - 1.3.4.3 The pai4iesshare the mediator's -any -filing -fees equally. fnediatien- shall -be -held 3n -4he -place where -the Pre jeet -is located unless another leeatien -is neat-H. - - agreed-upe,-.. "ghee „. reaehed4n mediationenforceable as Cettlement agreements- in any eeut4 having jur-isdirztien thereof-. I —3-5 ARBITRATION O 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/612003. 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 D40I. © 1997 AIA® AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 1.3�I Any claim, dispute -or- tether matter- -in question a�is�xg -ettt -of -er related -te -this - Agreen3ent shall �e �subjee e _ Rnerear-hitratitrQrr the des gall weaver 4o - 1.3�2 Claims disputes -and ether ,,.mattes 4n question between -the parties -that: -a-re -net - reselved* me11di7La�t�_ion�hall lie dec-id�e�dy*�y� which, unless the pai4ies utua aCg�reee_- etheroAse, -sha- t -be' 4-a -accvrQanEe-VY'itti -the G�'t'ien industfy A •.1�-i�m-YaAien 'Rules -,9 -the - AmeriEanAr-bitFatien AsseEiation eurrentlj'3n efferzt.make demand erZ bi#ratienfiled in writing -with -the other -party -to -this fre t -and -with -the Afnerican Arbitration - Assoeia i 1.3.5.3 A demand -for a_bi4ratien -shall -be made NFAhin -a reasonable -time -after 4 e rdaim - dispute er ether matter4n questio has arisen:-In-ne event demand forarbitration�e- made -afEer-thedate •..hen institution -ef-leo -e�r equitable proceedings based ,dispute or- ether- mauer- in questien Nvetild be barred by the applicable statute of limitalie-- - 1.3.5.4 No -arbitratien -arising -eut -of -or -relating -te iris Agreement -shall -include, -lam - earsolidatienjoinder er r a ether manner; an add-itienal per -son -entity-net-a-party4e- thisAgreefneRt, eept* writtenconsent centainin -a specific reference 4o -thisAgreement- and ed * .-the AAA ehiteet- -and -any other person -er -entity sought 4o -be joined. - C-onsent tearbitr-afie hwelying an additional person—entity-sha -net censfitute eeftSeiit- arbitratien -of -a-my elaim,, mute -or ether matter -in question -net described -in -them - 1.3.5.5 The award rendered*4he arbitrate r er arbitrators-andjudgme may 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Paragraph 1.3.8. 1.3.7 MISCELLANEOUS PROVISIONS 0.3.7.1 This Agreement shall be governed by the law of the--------aof-nessof-he- ^�r unless ethef;Ase provided -in Paragraph 2 `the Sae of, texalnaha u�ock Corin�y,'fie� _ _ . 1.3.7.2 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. 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, O 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/6/2003. 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. © 1997 AIA® AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the 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. 1.3.7.5 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. 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or This document has important legal disposal of or exposure of persons to hazardous materials or toxic substances in any form at the consequences. Consultation with an Project site. attorney is encouraged with respect to its completion or modification. 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA the design of the Project among the Architect's promotional and professional materials. The DOCUMENT MAY BE MADE BY USING Architect shall be given reasonable access to the completed Project to make such AIA DOCUMENT D401. representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 1.3.7.8 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. 1.3.7.9 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. 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 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 W, . A Architect shall give seven days' written notice to the Owner. In the event of a suspension of V ;;r 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 © 1997 AIA® resumption of the Architect's services. The Architect's fees for the remaining services and the AIA DOCUMENT 8141 - 1997 time schedules shall be equitably adjusted. STANDARD FORM AGREEMENT The American Institute of Architects 1.3.8.2 If the Project is suspended by the Owner for more than 3e 60 'consecutive days, the 1735 New York Avenue N.W. Architect shall be compensated for services performed prior to notice of such suspension. Washington, D.C. 20006-5292 he Prejeet sresumed, the "ram hiterzi s#all lie Eempensated fer expenses inc-urr-ed4n-the- a resumption of the "- t's serviees. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 0 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/6/2003. 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than go consecutive days, the Architect 0r 0)wnei may terminate this Agreement by giving not less than seven days' written notice. 1.3.8.4 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 of this Agreement through no fault of the party initiating the termination. 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be This document has important legal consequences. Consultation with an compensated for services performed prior to termination, together with Reimbursable Expenses attorney is encouraged with respect to then due and all TeFmina4ien Expenses as defined in Subparagraph i. its completion or modification. I AUTHENTICATION OF THI5 (/ �3$7 uses -are -in addition -te compensa4ion -for 4he seMees -of 4he - ELECTRONICALLY DRAFTED AIA rIi-� ;„expenses }y att awe to +e--- inat on F - " A��4s- DOCUMENT MAY BE MADE BY USING c, ..ems rnmnoiicniad nluc-an amassni-Ear-t4ua e -,-tit.,.,.{ nuti .inal,,a =w£l-cm-d .0 ]h _ AIA DOCUMENT D401. 1.3.9 PAYMENTS TO THE ARCHITECT 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's 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; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; . 4 expense -of e werk tee ing -hig�ker regular motes 4f at erized - advance by the QwRer; .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 Paragraph 1.5.5; - P4 .8 other similar direct Project -related expenditures. 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and © 1997 AIA® of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense AIA DOCUMENT B141 - 1997 shall be available to the Owner or the Owner's authorized representative at mutually convenient STANDARD FORM AGREEMENT times. The American Institute of Architects 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel 1735 New York Avenue N.W. engaged on the Project and the portion of the cost of their mandatory and customary Washington, D.C. 20006-5292 contributions and benefits related thereto, such as employment taxes and other statutory © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/6/2003. IF employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. 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. This Agreement comprises the documents listed below. 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document Bi4i- i997 asnodifie herein`. 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document Bi4i-i997, or as follows: (List other documents, ifany, delineating Architect's scope ofservices.) 1.4.1.3 Other documents as follows: (List other documents lfany, formmgpartofthe Agreement) Ada"' ''' 6 A Hourly Rate 86 ui Attachment - Suplemena anractCfa�s ft -Ai #aclmenIApprbved boric p, lan ae August ', 2002 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: IVbri� ARTICLE 1.5 COMPENSATION 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be 1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Paragraph 1.5.2, in an equitable manner. (Insert basis ofcompensation, including rates and multiples ofDirect Personnel Expense for Principals and employees, and identify Principals and classify employees, if required Identify specific services to which particular methods of 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of o>tE plOtnt;ffeeiT (1) times the amounts billed to the Architect for such services. 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. © 1997 AIA® AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items 1735 New York Avenue N.W. included in Paragraph 1.5 5 as Reimbursable Expenses, the compensation shall be computed as a Washington, D.C. 20006-5292 multiple of One point'fiftean (1,15 ) times the expenses incurred by the Architect, and the Architect's employees and consultants. 1.5.5 Other Reimbursable Expenses, if any, are as follows: © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/6/2003. It 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. 1.5.7 An initial payment of Fottj%Elgtf Tiousndve �ictecl Dollars ($8,0 ) shall be made upon execution of this Agreement and is the minimum navment under this `�!� pyrrient. xtall lie ce�itedeke s acee for services shall be made menthiv Tn" 31=mon t) $18,335 fbt the Art well be after G'otp[ettoand where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. 1.5.8 Payments are due and payable thiCty (3) days from the date of the Architect's invoice. Amounts unpaid fF%iiy (3) 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 thisprovision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 1.5.9 If the services covered by this Agreement have not been completed within e�'giteen 1''8 ) 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 Paragraph 1.5.2. 4 This A ent entered intq4s6f the day and year first written above. v NER (signatur R HITE Marc McDougal, Mayor (printed name and title) ATTEST: QIL4 ,c. e— -a-- Reb cca Garza, City Secretary 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. (Printedname and title) © 1997 AIA® Pal`MCh1I , t, aop�r, nc,; AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 o 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, O 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/6/2003. 12 APPROVED AS TO CONTENT: This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Corbin Pemberton AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA Community Projects Manager DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. APPROVED AS TO FORM: William de Haas Contract Manager/Attorney © 1997 AIA® AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 0 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/6/2003. 13 1997 Edition - Electronic Format AIA Document B141 - 1997 Standard Form of Architect's Services: Design and Contract Administration This document has important legal TABLE OF ARTICLES consequences. Consultation with an attorney is encouraged with respect to 2.1 PROJECT ADMINISTRATION SERVICES its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 2.2 SUPPORTING SERVICES DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D407. 2.3 EVALUATION AND PLANNING SERVICES 2.4 DESIGN SERVICES 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.6 CONTRACT ADMINISTRATION SERVICES 2.7 FACILITY OPERATION SERVICES 2.8 SCHEDULE OF SERVICES 2.9 MODIFICATIONS ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants.® 2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare, and periodically update, a Project schedule that shall identify milestone dates for r decisions required of the Owner, design services furnished by the Architect, completion of documentation provided by the Architect, commencement of construction and Substantial Completion of the Work. © 1997 AIA® 2.1.3 The Architect shall consider the value of alternative materials, buildingstems and systems AIA DOCUMENT - 1997 STANDARD FORM AAGGREEEMEME NT equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. The American Institute of Architects 1735 New York Avenue N.W. 2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the Washington, D.C. 20006-5292 design of the Project to representatives of the Owner. © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 0 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: col-centennial-ph3- agr.aia -- 10/1012002. AIA License Number 1015916, which expires on 5/6/2003. 14 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner in the further development of the design. 2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK 2.1.7.1 When the Pro'ec�ttquirements have been sufficiently identified, the Architect shall prepare a preliminary of the Opinion of f?rt table, Cost of the.1Lig iting Work. This This document has important Legal e thniquesA'sopiOCi may be based on current area, volume or similar conceptual estimating consequences. Consultation with an the design process progresses through the end o e preparation of the attorney is encouraged with respect to Construction Documents, the Architect shall update and refine the -- F ri e its completion or modification. pimgn; o Pt obableCost of the Work. The Architect shall advise the Owner of any adjustments to �T-the 0piniorv� 0 fOMa G, Cost of the Work indicated by AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA previous changes in Project requirements or general market conditions. If at any time the Architect's DOCUMENT MAY BE MADE BY USING estimate of the Cost of the Work exceeds the Owner's budget, the Architect shall make AIA DOCUMENT D40I. appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. 2.1.7.2 Evaluations of the Owner's budget for the Proj the ple i� ^�f tie OpinionOf 669' le Cost of the Work and updated � of the Opit ot�n,±D rob le Cost of the Work 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 budget for the Project Qr from any fl�xate Clpinion of Pirobable'of the Cost of the Work or evaluation prepared P K—eed to by the Architect. 2.1.7.3 In preparing of the 1 1001 Of 1'rob�able Cost of the Work, 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 necessary to adjust khe eea OInCOn ofaPro�able Cost of the Work to meet the Owner's budget for the Cost #Contract of the Work. If an increase in the Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly Only with Owner'spliral'. 2.1.7.4 If bidding or negotiation has not commenced Y 90 days after the Architect submits the Construction Documents to the Owner, the r-the Opinion 0iQ , ratable r�■� Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. © 1997 AIA® AIA DOCUMENT B141 - 1997 2.1.7.5 If the - 0pinion I r0 able Cost of the Work is exceeded by the lowest STANDARD FORM AGREEMENT bona fide bid or negotiated proposal, the Owner shall: The American Institute of Architects .1 give written approval of an increase in the budget for the Cost of the Work; 1735 New York Avenue N.W. .2 authorize rebidding or renegotiating of the Project within a reasonable time; Washington, D.C. 20006-5292 .3 terminate in accordance with Subparagraph 1.3.8.5; or 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 0 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/6/2003. 15 .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. 2.1.7.6 If the Owner chooses to proceed under Clause 2.1-7.5.4, the Architect, with6 negbfiafed additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. The modification of such documents shall be the limit of the Architect's responsibility under this Paragraph 2.1.7. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not construction is commenced. ARTICLE 2.2 SUPPORTING SERVICES 2.2.1 Unless specifically designated in Paragraph 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. 2.2.1.1 The Owner for this proles#, elf furnish a pregFam -setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements.',See Affachmertt CS"ftSiC< Dept si ,e,p4an 2.2.1.2 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 survev shall be referenced to a Proiect benchmark. AS a C( f"etTCe fo fitfete 2.2.1.3 The Owner if requested by the Arcfifec'�, 'shall furnish services of geotechnical ,. engineers which may include but are not limited to test "borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. ARTICLE 2.3 EVALUATION AND PLANNING SERVICES 2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this Agreement, including the Owner's program and schedule requirements and budget for the Cost of the Work, each in terms of the other. The Architect shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the information provided by the Owner of site conditions, and the Owner's program, schedule and budget for the Cost of the Work. 2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall notify the Owner of anticipated impacts that such method may have on the Owner's program, financial and time requirements, and the scope of the Project. ARTICLE 2.4 DESIGN SERVICES 2.4.1 The Architect's design services shall include normal structural, meEkanical -and electrical engineering services. 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/6/2003. 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. © 1997 AIA® AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 16 2.4.2 SCHEMATIC DESIGN DOCUMENTS 2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed -upon program, schedule, and•(VJdJ,4-feF4he 6-rip � nr"of CO a (ex Cost of the Work. The documents shall establish the conceptual design of the Project illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and preliminary building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or combinations of these media. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. 2.4.3 DESIGN DEVELOPMENT DOCUMENTS - TihlC< 15 rnco abed Into the„ $ctierlatic 1�liase 2.4.3.1 The Architect shall provide Design Dev 1 pment Documents based on the approved Schematic Design Documents and updated _Ieel fer#ke ofi "O"'i _ bl"`Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality levels. 2.4.4 CONSTRUCTION DOCUMENTS 2.4.4.1 The Architect shall provide Construction Documents based on the approved Design Development op e Documents The ConstructionDocuments -for 4ke b0fhloll O Profs b e Cost of the g g shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and systems required for the Project. 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of: (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall assist the Owner in awarding and preparing contracts for construction. 2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors. 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. 2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. If requested by the Owner, the Architect © 1997 AIA® shall notify all prospective bidders or contractors of the bid or proposal results. AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT 2.5.4 COMPETITIVE BIDDING The American Institute of Architects 2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, 1735 New York Avenue N.W. General Conditions and Supplementary Conditions, Specifications and Drawings. Washington, D.C. 20006-5292 O 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/612003. 17 2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. 2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process. The Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders. 2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. 2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre -bid conference for prospective bidders. 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. 2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the bids. The Architect shall subsequently document and distribute the bidding results, as directed by the Owner. 2.5.5 NEGOTIATED PROPOSALS 2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. 2.5.5.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Proposal Documents for distribution to prospective contractors. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. 2.5.5.3 If requested by the Owner, the Architect shall organize and participate in selection interviews with prospective contractors. 2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the Proposal Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. 2.5.5.5 If requested by the Owner, the Architect shall assist the Owner during negotiations with prospective contractors. The Architect shall subsequently prepare a summary report of the negotiation results, as directed by the Owner. ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES 2.6.1 GENERAL ADMINISTRATION 2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in the edition of AIA Document A2oi, General Conditions of the Contract for Construction, current as of the date of 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. 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 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: col-centennial-ph3- agr.aia -- 10/10R002. AIA License Number 1015916, which expires on 5/6/2003. 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. © 1997 AIA® AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 18 Architect shall be entitled to a Change in Services in accordance. with Paragraph 2.8.2 when Contract Administration Services extend 6o days after the date of Substantial Completion of the Work. 2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner during the provision of the Contract Administration Services. 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. 2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 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. This document has important legal 2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for consequences. Consultation with an additional information about the Contract Documents. A properly prepared request for attorney is encouraged with respect to its completion or modification.AUTHENTICATION additional information about the Contract Documents shall be in a form prepared or approved OF THIS by the Architect and shall include a detailed written statement that indicates the specific ELECTRONICALLY DRAFTED AIA Drawings or Specifications in need of clarification and the nature of the clarification requested. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. 2.6.1.7 The Architect shall interpret ----ide matters concerning performance of the Owner- -arid Contractor under, requirements of, the Contract Documents on written request of either the Owner The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 1� 2.6.1.8 Interpretations adeeisiens of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Do is and shall be in writing or in the form of drawings. When making such inter r t ions �ti-1decisions, the Architect shall endeavor to secure faithful performance =der -and Contractor, shall not show partiality to either, and shall not be liable for the results of interpretations erei}s so rendered in good faith. 2.6.1.9 The Architect shall render initial trlier�refatrOlS 3 on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract u e e, r •,eet'., a,,,.isio.,. matters hetie effeet)"11_114flinal if eensistent with the intent expressed in the Centr-act Doeuments. �all�e- ocumenis. r ��.��-relat�g 2.6.2 EVALUATIONS OF THE WORK 2.6.2.1 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 2.8, (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 '"A;;;r i 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 © 1997 AIA® completed, will be in accordance with the Contract Documents. However, the Architect shall AIA DOCUMENT B141 - 1997 not be required to make exhaustive or continuous on -site inspections to check the quality or STANDARD FORM AGREEMENT 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 The American Institute of Architects safety precautions and programs in connection with the Work, since these are solely the 1735 New York Avenue N.W. Contractor's rights and responsibilities under the Contract Documents. Washington, D.C. 20006-5292 2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, O 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/6/2003. 19 However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract D&Atirtierits. 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. 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.2.4 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. This document has important legal Communications by and with the Architect's consultants shall be through the Architect. consequences. Consultation with an attorney is encouraged with respect to 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the its completion or modification. AUTHENTICATION OF TH15 Contract Documents. Whenever the Architect considers it necessaryadvisable, the Architect or a ELECTRONICALLY DRAFTED AIA will have authority to require inspection or testing of the Work in accordance with the DOCUMENT MAY BE MADE BY USING provisions of the Contract Documents, whether or not such Work is fabricated, installed or AIA DOCUMENT D401. 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. 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. 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 Paragraph 2.6.2 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 (i) 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. 2.6.3.2 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. 2.6.3.3 The Architect shall maintain a record of the Contractors Applications for Payment. �- 2.6.4 SUBMITTALS , / © 1997 AIA® 2.6.4.1 The Architect shall review a��,a�reve or take other appropriate action upon the AIA DOCUMENT B141 - 1997STANDARD FORM AGREEMENT 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 The American Institute of Architects expressed in the Contract Documents. The Architect's action shall be taken with such 1735 New York Avenue N.W. reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Washington, D.C. 20006-5292 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 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 0 1997 by The Amencan 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/6/2003. 20 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 cons itute approval of safety precautions or, unless otherwise specifically stated by the Architect, qfAny construction means, methods, techniques, sequences or procedures. The Architect's dKh&al Tevi"i of a specific item shall not indicate approval of an assembly of which the item is a component. 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. 2.6.4.3 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 Documents, the Architect shall specify appropriate performance and design criteria that such This document has important legal services must satisfy. Shop Drawings and other submittals related to the Work designed or consequences. Consultation with an certified by the design professional retained by the Contractor shall bear such professional's attorney is encouraged with respect to its completion or modification. written approval when submitted to the Architect. The Architect shall be entitled to rely upon AUTHENTICATION OF THISELECTRONICALLY the adequacy, accuracy and completeness of the services, certifications or approvals performed DRAFTED AIA by such design professionals. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 2.6.5 CHANGES IN THE WORK 2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Paragraph 2.8.2. 2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. 2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the Architect shall estimate Prbvle opinlonf;the additional cost and time that might result from such change, including any additional costs attributable to a Change in Services of the Architect. With the Owner's approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. 2.6.5.4 The Architect shall maintain records relative to changes in the Work. © 1997 AIA® AIA DOCUMENT B141 - 1997 2.6.6 PROJECT COMPLETION STANDARD FORM AGREEMENT 2.6.6.1 The Architect shall tend— ens to determine the date or dates of Substantial The American Institute of Architects Completion and the date of final completion, shall receive from the Contractor and forward to 1735 New York Avenue N.W. the Owner, for the Owner's review and records, written warranties and related documents Washington, D.C. 20006-5292 required by the Contract Documents and assembled by the Contractor, and shall issue a final © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/6/2003. 21 V Certificate for Payment based upon a final inspeetien obse;tvatWindicating the Work ge,nerIally" complies with the r✓equirements of the Contract Documents. 2.6.6.2 The Architect's 1'�//Qbsery Ib,'i""shall be conducted with the Owner's Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. 2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the Work. 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (i) consent This document has important legal consequences. Consultation with an of surety or sureties, if any, to reduction in or partial release of retainage or the making of final attorney is encouraged with respect to payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the its completion or modification. Owner against liens. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA ARTICLE 2.7 FACILITY OPERATION SERVICES DOCUMENT MAY BE MADE BY USING 2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative AIA DOCUMENT D401. promptly after Substantial Completion to review the need for facility operation services. 2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and performance and to make appropriate recommendations to the Owner. ARTICLE 2.8 SCHEDULE OF SERVICES 2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change in Services in accordance with Paragraph 1.3.3: .1 up to twt r (2) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. .2 up to Cvvq O SI a vlsl s p+rC %1 'visits to the site by the Architect over the duration of the Project during construction With a IJaXIt1�TCf Ota�nurngr 'IZ,site vl4t., :. . .3 up to tWO O inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. .4 up to two ( 2 ) inspections for any portion of the Work to determine final completion. 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with P^a`ragraph 1.3.3 ��[[' submittal o sequence �tiC�� ` ��ieilz rt7Y-a (,••••YioZIC�Cvl`—nJ ^_ ti ti � �� agreed to by the Mchiteetj .2 responses to the Contractor's requests for information where such information is srra� available to the Contractor from a careful study and comparison of the Contract © 1997 AIA® Documents, field conditions, other Owner -provided information, Contractor- AIA DOCUMENT B141 - 1997 prepared coordination drawings, or prior Project correspondence or STANDARD FORM AGREEMENT documentation; .3 Change Orders and Construction Change Directives requiring evaluation of The American Institute of Architects 1735 New York Avenue N.W. proposals, including the preparation or revision of Instruments of Service; Washington, D.C. 20006-5292 .4 providing consultation concerning replacement of Work resulting from fire or other cause during construction; © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 0 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/6/2003. 22 .5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work; .6 evaluat on of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; �V�7 preparation of design and deeumentation-fer aher-nate bid er prepesal requests- proposed by the Ovmer-; of .8 Contract Administration Services provided 6o days after the date of Substantial Completion of the Work. 2.8.3 The Architect shall furnish or provide the following services only if specifically designated: Services 0 Conceptual De Ign .1 Programming .2 Land Survey Services .3 Geotechnical Services .4 Space Schematics/Flow Diagrams .5 Existing Facilities Surveys .6 Economic Feasibility Studies .7 Site Analysis and Selection .8 Environmental Studies and Reports .9 Owner -Supplied Data Coordination .io Schedule Development and Monitoring .0 Civil Design .12 Landscape Design .13 Interior Design .14 Special Bidding or Negotiation .15 Value Analysis .16 Detailed Cost Estimating .17 On -Site Project Representation .18 Construction Management .19 Start-up Assistance .2o Record Drawings .21 Post -Contract Evaluation .22 Tenant -Related Services .23 Art Sculptures .24 .25 Description of Services. (Insert descriptions ofthe services designated.) See Attchmenf C Responsibility (Architect, Owner or Not Provided) too Pr191"a"" D f of Provitled This document has important legal Location of Service consequences. Consultation with an Description attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS Att6Ch 'b ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. _V ■®s ttacil © 1997 AIA® AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 ARTICLE 2.9 MODIFICATIONS 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are as follows: © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 0 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/6/2003. 23 See Attachment B for'SuppJerner#ai contract Clauses:, By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect, AIA Document B141-1997, that was entered into by the parrs es as of the OWNER (Signature) Marc McDougal, Mayor (Printed name and title) ATTEST: Qofae-- Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 'Gorbin Pemberton, Community Projects Manager APPROVED AS TO FORM: (Printed name and title) ��_ d-p-- %vLr� William de Haas, Contract Manager/Attorney 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. © 1997 AIA® AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 0 1997 by The Amencan 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: col-centennial-ph3- agr.aia -- 10/10/2002. AIA License Number 1015916, which expires on 5/6/2003. 24 Resolution No. 2002—RO466 ATTACHMENT A PAREHILL, SMITH & COOPER, INC. HOURLY RATE 5CI#EDULE CURRENT THROUGH DECEMBER 31, 2002 PROFESSIONAL LEVEL VII .............................................................139.00 Engineer VII Architect VIII Landscape Architect VIII PROFESSIONAL LEVEL VI..............................................................114.00 Engineer VI Architect VII Landscape Architect VII 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 I/II Architect III Interior Designer IV Engineering Technologist III Resident Project Representative III Landscape Architect III PROFESSIONAL LEVEL I................................................................. 64.00 Intern (Architect) I/II Interior Designer III Intern (Interiors) II Engineering Technologist I/II Resident Project Representative I/II CADD Manager V SUPPORT STAFF III........................................................................ 61.00 Engineering Technician IIUIV CADD IV Administrative Secretary III SUPPORT STAFF II......................................................................... 51.00 Accounting Clerk CADD Clerical Engineering Technician I/II Administrative Secretary I / II SUPPORT STAFF I.......................................................................... 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, 2002 through December 31, 2002. After December 31, 2002, invoices will reflect the Schedule of Charges currently in effect. Resolution No. 2002-R ATTACHMENT B SUPPLEMENTAL CONTRACT CLAUSES Americans with Disabilities Act It is important to understand that the ADA Act is a Civil Rights law and not a building code. The ADA requires the removal of architectural barriers in existing buildings where readily achievable. The term "readily achievable" is flexible and subject to interpretation on a case -by -case basis. In new construction the requirement is to provide accessibility and usability except where an entity can demonstrate that it is structurally impractical to meet such requirements. The requirements of the ADA will therefore be subject to various and possibly contradictory interpretations. The A/E will therefore, use reasonable professional efforts to interpret applicable ADA requirements and other federal, state and local ordinances and regulations as they apply to the project. The A/E, however cannot and does not warrant or guarantee that the Owner's project will comply with interpretations of the ADA or other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the project. Texas Accessibility Standards All projects in the State of Texas must be submitted to the Texas Department of Licensing and Regulations (TDLR) - Architectural Barriers Division for preliminary review before bidding for compliance with TAS requirements. The TDLR charges a fee for this review which may either be paid by the Owner or treated as a reimbursable expense by the A/E. After completion of the project TDLR will conduct a final review and charge the Owner an additional fee for the final review. Upon receipt of TDLR's preliminary review comments, an Owner may wish to file a "Request for Variance". Services by the A/E to assist in such a request will be billed as additional services by the A/E. Similar to the ADA requirements, TAS requirements are constantly evolving due to the changes in interpretation dictated by the court system. The A/E will include in the design of the Project all changes that are the result of the TDLR preliminary review. However, the A/E cannot and does not warrant or guarantee that different rules and or interpretation may be applied to the Owner's Project at the time of the final TDLR review. Compliance with changes required by the TDLR final review that were not mentioned in the TDLR preliminary review will be additional services. Asbestos, Lead Based Paint and Other Hazardous Materials It is acknowledged by both parties that the A/E's scope of services does not include identification of or abatement of any hazardous or toxic material. In the event that hazardous materials are detected or suspected, the A/E will advise the Owner of the need for the Owner to retain the appropriate specialist to identify and abate such materials. It is recognized that all other work on the project may need to cease until the completion of such abatement. It is the Owner's responsibility in all remodel type work to survey the existing structure for asbestos, lead based paint and other toxic materials. The A/E can assist the Owner in locating firms that provided these services. Insurance The A/E agrees to provide Professional Liability Insurance and General Liability Insurance during the course of the Design and Construction of this project and for a period of 3 years after the completion of City of Lubbock Centennial Page 1 of 2 Commemorative Park the project. Certificates of Insurance can be issued on request. Project specific insurance can be purchased for an additional fee on request. Limitation of Liabilities In recognition of the relative risks, rewards and benefits of the Project to both the Owner and the A/E, the risks have been allocated such that the Owner agrees that, to the fullest extent permitted by law, the A/E's total liability to the Owner for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed the A/E's total compensation for the Project. Such causes include, but are not limited to the A/E's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. City of Lubbock Centennial Page 2 of 2 Commemorative Park Resolution No. 2002-R ATTACHMENT C - PHASE III PROFESSIONAL SERVICES DESCRIPTION October 8, 2002 ■ Site Design Services: PSC will develop route of path based on concept design in Phase II. The earthen Path and surrounding site for art will be designed for grading to provide drainage and accessibility. The drawings will be developed for use by the City to perform this work on their own. PSC will submit these drawings for accessibility review per TDLR requirements. ■ Site Lighting: PSC will design limited path lighting for this project based on the concept design in Phase II. The drawings will be developed for competitive bidding. ■ Structural Engineering Services: PSC will develop and engineer the foundation design for the sculpture based on input from Artist: Steve Teeters/St. Eligius Studio. The foundation design will be provided to the Artist who will incorporate the Foundation installation as part of the art installation. ■ Art/Sculptures: PSC consultant and Artist;, Steve Teeters/St. Eligius Studio will fabricate to full scale the series of 6 sculptures based on the models from the concept design in Phase H. Once fabricated, the sculptures will be installed by Steve Teeters. City of Lubbock Centennial Page 1 of 1 Commemorative Park j4+3 t Illti ' e f st A 4 'O'•iS� � '.r .5ILI M �� p i'II t jj N D i§ �r �. rAIR I � X vwl— it e Ik y. Y t�j ,,'fi i t� �f i z ¢�-0 ,=a`.=• ""� s s 4 ""'. � "��,� �'.,�, fir• ["j`:� � r-'',y�•jQ � FR. �� rh lF " rt �, N• LUBBOCK CENTENNIAL PRQJECT Parkhill Smith & Cooper Inc. N p$1{ f CONCEPT PLAN SCULPTURES Engineers Architects + p AMM111m F1 Ptsu Wb k Mfdf-d }4 �1 100 f ` �...-.._.---^`.• _....�—, ....�_ ,_ .....,,.,......».. `—�—, �...._ +'ten"_""_`e