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HomeMy WebLinkAboutResolution - 2008-R0110 - Professional Services Agreement - Parkhill, Smith & Cooper - Visitor Center - 03_27_2008Resolution No. 2008—Rollo March 27, 2008 Item No. 6.8 RESOLUTION 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 cted to execute for and on behalf of the City of Lubbock a Professional rices Agreement with Parkhill, Smith, & Cooper, Inc. for architectural and neering services for a Visitor Center. Said Professional Services Agreement is -hed hereto and incorporated in this Resolution as if fully set forth herein and 1 be included in the minutes of the Council. by the City Council this 27th day of lurch , 2008. DAVID A. MILLER, MAYOR TTEST: .ebc4a Garza, City Secre�.ary J ,PPR" VrD AS O COI�]'TENT: -, 1 ---, Services IZOVED AS TO FORM: L. Chamales, Senior Attorney Practice Section Att/Linda/RES- PSC Visitor Center ,h 19, 2008 CONTRACT NO. -'A® Document B1 51 -199 - 8413 olution No. 2008—R6110 ., 1 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Twenty -Seventh day of March in the year Two Thousand and Eight (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Nance, address and other i>f formation) This document has important City of Lubbock legal consequences. Consultation PO Box 2000 with an attorney Lubbock. Texas 79457 is encouraged with respect to its completion or modification. and the Architect: (Name„ address and other information) Parkhill, Smith & Cooper. Inc. 4222 85th Street Lubbock, Texas 79423 Teiephone Number: 806473-2200 Fax Number: 806473-3500 For the following Project: (Include derailed description of Project) City of Lubbock — Visitor Information Center, located at northwest comer of 19d' Street and Crickets Avenue (we Exhibit A for project description and scope of services) The Owner and Architect agree as follows. AIA Document 9151 Tm —1997. Copyright 0 1974,1978,1987 and 1997 by The American Institute Df Architects. All righta reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 14:31:50 on 03/1912008 under Order No.1000341598_1 which expires on 2/4/2009, and is not for resale. User Notes: (842432192) ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. § 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. § 1.3 The Architect shall designate a --Mary Crites as the representative authorized to act on behalf of the Architect with respect to the Project. § 1.4 The services covered by this Agreement are subject to the time limitations contained in Section 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES § 2.1 DEFINITION The Architect's Basic Services consist of those described in Sections 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. § 2.2 SCHEMATIC DESIGN PHASE § 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. § 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Section 5.2.1. § 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. § 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. § 2.2.5 The Architect shall submit to the Owner a preliminary estimate-e€O0ginion of Probable Construction Cost J_ based on current area, volume or similar conceptual estimating techniques. § 2.3 DESIGN DEVELOPMENT PHASE § 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. § 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary inion of Probable Construction Cost. § 2.4 CONSTRUCTION DOCUMENTS PHASE § 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. § 2A.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. AIA Document 9151 TU —1997. Copyright 0 1974,1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any 2 portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:31:50 on 03/19/2008 under Order No.1000341596_1 which expires on 214/2009, and is not for resale. User Notes: (842432192) § 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary est4mates�C3pinions of �r Probable Construction Cost indicated by changes in requirements or general market conditions. § 2.4.4 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. § 2.5 BIDDING OR NEGOTIATION PHASE f The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate ef-Opinion of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. § 2.6 CONSTRICTION PHASE —ADMINISTRATION OF THE CONSTRUCTION CONTRACT § 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. § 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. § 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Section 2.6 shall not he restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. § 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. § 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. § 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. AAA Document B151 TM —1997. Copyright 01974, 1978, 1987 and 1997 by The American Institute of Architects. Ali rights reserved. WARNING: This Al e Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any 3 portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:31:50 on 03/1912008 under Order No.1000341596_1 which expires on 214/2009, and is not for resale. User Notes: (842432192) § 2.6.9 CERTIFICATES FOR PAYMENT § 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. § 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 2.6.10 The Architect shall notify and make recommendations to the Owner concerning Work that does not conform to the Contract Documents. Wheaever-The Architect shall recommend to the Owner when the Architect considers it necessary to require inspection or testing of the yt,�l �✓ Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall he taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Sections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. § 2.6.14 The Architect shall y visual observation determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and AIA Document ®151 Tm —1997. Copyright 0 1974,1978, 1987 and 1997 by The American Institute of Architects. All rights rsserved. WARNING: This A10 Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 4 portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:31:50 on 03/19i2008 under Order No.1000341596_1 which expires on 21412009, and is not for resale. User Notes: (842432192) assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspeeti bservation indicating the Work complies with the requirements of the Contract Documents. § 2.6.16 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. § 2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall he final if consistent with the intent expressed in the Contract Documents. § 2.6.1 B The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Section 2.6.17, shall be subject to mediation and arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES § 3.1 GENERAL § 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Section 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. § 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES § 3.2.1 If more extensive representation at the site than is described in Section 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on -site responsibilities. § 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. § 3.2.3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide farther protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. § 3.3 CONTINGENT ADDITIONAL SERVICES § 3.3.1 Making revisions in drawings, specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. § 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Section 5.2.5. AIA Document B151 TM a 1997. Copyright 0 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Al e Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe Document, or any 5 portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:31:50 on 03119/2008 under Order No.1000341596_1 which expires on 214/2009, and is not for resale. User Notes: (842432192) § 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. § 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. § 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. § 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. § 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. § 3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. § 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. § 3.4 OPTIONAL ADDITIONAL SERVICES § 3.4A Providing analyses of the Owner's needs and programming the requirements of the Project. § 3.4.2 Providing financial feasibility or other special studies. § 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. § 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. § 3.4.5 Providing services relative to future facilities, systems and equipment. § 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. § 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. § 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. § 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. § 3.4.10 Providing detailed esti inions of Probable Construction Cost. § 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. § 3.4.12 Providing analyses of owning and operating costs. § 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. § 3.4.14 Providing services for planning tenant or rental spaces. § 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. AIA Document B1511m-1997. Copyright 01974, 1978. 1987 and 1997 by The American Institute of Architects. All rights reserved WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any 6 portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14.31:50 on 03/19/2008 under Order No.100034159E 1 which expires on 214/2009, and is not for resale. User Notes: (842432192) § 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. § 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. § 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than bQ days after the date of Substantial Completion of the Work. § 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. § 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, inchiding a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cosh the Owner's other costs and reasonable contingencies related to all of these costs. § 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 4.6 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. § 4.6 The Owner shall furnish the services of consultants other than those designated in Section 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. § 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. § 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verily the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. AIA Document B151 M —1997. Copyright 01974, 197B. 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA6 Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 7 portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:31,50 on 03119/2008 under Order No.1000341598_1 which expires on 2 V2009, and is not for resale. User Notes: (842432192) § 4.9 The services, information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. § 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 5 CONSTRUCTION COST § 5.1 DEFINITION t` § 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the AwWteet.the Architect, as stated in the latest Opinion of Probable Cost. § 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. § 5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -of -way and financing or other costs that are the responsibility of the Owner as provided in Article 4. § 5.2 RESPONSIBILITY FOR CONSTRUCTION COST § 5.2.1 Evaluations of the Owner's Project budget, the preliminary es inion of Probable Construction Cost and detailed inion% of Probable Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any inion of Probable Construction Cost or evaluation prepared or agreed to by the Architect. § 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. § 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. § 5.2.4If a fixed limit of Construction Cost (adjusted as provided in Section 5.23) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. § 5.2.5 If the Owner chooses to proceed under Section 5.2.4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Section 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. AIA Document B1517m —1997. Copyright ® 1974, 1978, 1987 and 1997 by The American institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any 8 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:31:50 on 0311912008 under Order No.1000341596_1 which expires on 2J412009, and is not for resale. User Notes: (842432192) 8 ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE § 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. § 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. § 6.3 Except for the licenses granted in Section 6.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. . •��rrr�,,■t■I.Tt� �rrti it � =r=c rrT�rn�,.P .. .. .101 AIA Document B151^r,1997. Copyright 0 1974,1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any 9 portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:31:50 on 03119/2008 under Order No.1 0003415961 which expires on 2/4/2009, and is not for resale. User Notes: (842432192) 7.2 ARBITRATION 1.2.1 Any elaim dispute er ethef ff*Rff ie question a4sing out of Ew related te tWs AgFeement &hall be subject to ffbimaieft. pfief !0 arbi4stion, d4e pafties shall endeavef to Feselve disputes by mediation in aeemdanae with 1 Z.0 Claims, disputes and 04hef ffiaaem in question between the paffies that are not Feselved by mediiitiea shiidl be sh" be filed in writing with the edier- p" to this Agreement and mith the Affie6ean AFbi4"@n AAriesiakien, qumfien has airisen. In w event shall the denmnd fef ar-bitf�eft be made aftw the date when institutioe of legaJ 9 w4aitable pfeeeedings bawd on sueh claim disputS OF other- memef in quesfion would be bmed by the appheable Statute of liwAtaliens. speeifie raftwasee to this Agmement and signed by the Owner-, Arehiteet, and any OthelF PeFsef) Of enfily sought f joined. Gensent to ar-bitm6on involving an additional pefson or- entity shall Fie! eenstime eensent to aFbiwation of any alsift dispaw or- edw maftw in question not described in the written eensent of lm;ith a per-sen or- entity not named e entity duly aefiseffied to by peWes to this Agreement shall be specifically enfemeable in aGeEwdafiao %4h applieablo law in any eotu4 having jur-isdietion theFOOf-. 3 CLAIMS FOR rGOONSEQUENTIAL DAMAGES ' ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. AIA Document 8151 *M -1997. Copyright 0 1974,1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any 10 portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:31:50 on 03119/2008 under Order No.1000341596_1 which expires on 214/2009, and is not for resale. User Notes: (842432192) § 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then ue. eipated pFofit on the value of the seFyiees not peffoFmod by the Afehi ARTICLE 9 MISCELLANEOUS PROVISIONS § 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12. § 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. § 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to 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. Y.. • § 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to al] covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. § 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. § 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such 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. MA Document 81517m -1997. Copyright 0 1974,1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIR® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Me Document, or any 11 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by MA software at 14:31:50 on 03A 9f2008 under Order No.1 0003415961 which expires on 21412009, and is not for resale. User Notes: (842432182) § 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT § 10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. § 10.2 REIMBURSABLE EXPENSES § 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4highOF by , 4—renderings, models and mock-ups requested by the Owner; V--'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; ,;—Lreimbursable expenses as designated in Article 12; 411--Lother similar direct Project -related expenditures. § 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES § 10.3.1 An initial payment as set forth in Section 11.1 is the minimum payment under this Agreement. § 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 11.2.2. § 10.3.3 if and to the extent that the time initially established in Section 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 11.3.2. § 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. § 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. § 10.5 PAYMENT$ WITHHELD 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. AIA Document 8151 TM —1997. Copyright 01974, 1978. 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any 12 portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:31:50 on 03/19/2008 under Order No. 1000341596 1 which expires on 2/4/2009, and is not for resale. User Notes: (842432192) § 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: ,�y I § 11.1 An Initial Payment of Zero Dollars and Zero Cents ($ p.00 } shall be made upon execution of this Agreement Pam` and credited to the Owner's account at final payment. § 11.2 BASIC COMPENSATION § 11.2.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) Compensation for Basic-Sc 'ces shall be a lump sum fee of $782,270 plus an anticipated reimbursable budget of 20,000. This excludes work effort related to the linear park development on adjacent land. § 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Schematic Design Phase: percent ( 15 %) Design Development Phase: percent ( 20 %) Construction Documents Phase: percent ( 40 %) Bidding or Negotiation Phase: percent ( 5 %) Construction Phase: percent ( 20 %) Total Basic Compensation one hundred percent ( 100.00 %) § 11.3 COMPENSATION FOR ADDITIONAL SERVICES § 11.3.1 For Project Representation Beyond Basic Services, as described in Section 3.2, compensation shall be computed as follows: To be a mutually nettotiated sum attached to a defined scone of services. § 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Section 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.) PSC standard hourly rates. See Exhibit B. § 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Section 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of One and fifteen hundredths ( 1.15 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) § 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Section 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of One and fifteen hundredths ( 1.15 ) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. AIA Document 8151 iw e 1997. Copyright ® 1974. 1978. 1987 and 1997 by The American Institute of Architects. All rights resn . WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any 13 portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:31:50 on 03/19/2008 under Order No.1000341596_1 which expires on 2/412009, and is not for resale. User Notes: (842432192) § 11,5 ADDITIONAL PROVISIONS § 11.5.1 If the Basic Services covered by this Agreement have not been completed within Twenty-four (24 ) 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 Sections 10.3.3 and 11.3.2. L § 11.5.2 Payments are due and payable ( ) days fmfn the date of the AFehiteat's invoice. Amounts unpaid dwyo 11 . ursuant to the Texas Prompt Payment Act Texas Government Code 2251. per annum (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 this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) 12.1 E*kt A Scope of Services 12.2 Fix &t B PSC Standard Hourly Rate Schedule 12.3 Bxbibit C Insurance Certificate. Insurance will he supplied by the ME firm for the contract in the amount, type, and provisions specified in the attached certificate. AIA Document B151 Tu — 1997. Copyright 0 1974,1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any 14 portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:31:50 on 03/19/2008 under Order No.1000341596_1 which expires on 21412009, and is not for resale. User Notes: (842432192) This Agreement entered into as of the day and year first written above. OWNEJR y (Signature) i David Miller. Mavor f PdAared name and title) Approved as to Content: RICAN no- 11111-M&AL 1'BadJ Allisow-A'SMISIgn-c-Ity Manager as to Form: City Attorney's Office Linda QMmales Attest (--Qt1 6 — -a - . 5--\%J City Secretmk ARCHITECT (Signature) (Printed name and title) AIA Document 8151r"—1ti187, Copyright 01974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A10 Document, or any portion of lt, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was Is produced by AIA software at 14:31:50 on 03119/2008 under Order No.1000341598,1 which expires on 2/4/2009, and is not for resale. User Notes: (842432192) Resolution No. 2008-RO110 Exhibit A Scope of Services — Visitor Information Center March 17, 2008 General Project Information PSC understands the site for this project is at the northwest comer of 19'h Street and Crickets Avenue and encompasses approximately I acre. Further we understand that the City will abate and demolish the existing 3 buildings that currently occupy the site. This work is excluded from our fee. The project includes the following components: Site Work which consists of; locating alley utilities underground, new alley pavement, relocation of the Walk of Fame plaques and statue, landscape the site in a park like manner, and new parking for approximately 21 cars and 2 buses. The building will be one story and approximately 7,400 square feet in size. The interior of the building will include approximately 1,225 SF of space for exhibit area, 140 SF seasonal display area and 1,100 SF, 50 seat theater. A component of the project includes development of exhibits, audio visual equipment and production of a 10 minute multimedia visual production. PSC understands that the City anticipates a $4,285,085 site, building and exhibit construction/fabrication budget. PSC will design the site work in anticipation of an adjoining linear park. Design of the linear park is not included as part of this effort. Site and Building components This project will be submitted to an independent TAS reviewer as required by State of Texas law. PSC will submit the project for TAS review as a reimbursable expense. Similarly, as a convenience to the Owner, PSC will procure a site survey and geotechnical soils report also as a reimbursable expense. PSC will complete the analysis and forms related to the State Energy Code for submission to the City for building permit. PSC will provide bidding phase services including attendance at the pre -bid and bid opening as well as development of addenda and evaluation of bids. PSC will provide construction administration phase services for this project. Construction time from Notice to Proceed to Occupancy (or substantial completion which ever is first) is anticipated to be 8 to 10 months. Included as part of this fee, is a defined level of service during construction. PSC proposes a total of 25 site visits, including site meetings for the entire construction phase services from Pre - Construction Meeting to Project Closeout. The shop drawing review process assumes that submittals will not require multiple re -submittals by the General Contractor. PSC will notify the City when a submittal has been rejected. If a submittal has a second rejection, PSC requests the City review the situation with the Contractor to limit repeated reviews. Professional services by PSC for this project will be considered complete after 60 days of either occupancy or from date of substantial completion whichever occurs first. Added sites visits, excessive construction time (.excessive being defined as beyond 10 months of construction), reviews of a submittal beyond the second submittal, and extended post -occupancy services will be considered additional service and billed at a mutually agreed fee or at the PSC standard hourly rate. PSC will notify the City prior to performing work as an additional service. Page Exhibit Design Services The scope related to the exhibits design services related to the exhibits area, seasonal display and theatre includes the following: PSC will provide Programming, Concept Design, Design Development, Bid Negotiation and Contract Administration services for the development of an exhibit experience for visitors to the Center. We will oversee the planning, design, and implementation for exhibitry components within the physical spaces. In addition, to providing Exhibit Design services, we will also serve at the Project Managers for the development and documentation of the 10 minute multi -media production to be shown within the theater space. Those services also include coordination of the development of the script outline for the presentation (writing services provided by others); however, final research, writing, editing of the script will be provided by others at the award of the media production bid. PSC will also develop an exterior building identification sign. The following is a description of the tasks that we will undertake in each of the project phases. This fee proposal is based on a comprehensive design delivery approach. Fee revisions may be required if Owner should desire an incremental project approach (i.e. by exhibit area) to the project. This proposal does not assume a phased installation activity associated with the individual spaces. Phase I/ Exhibit Design Programming First, we will participate in a kick-off meeting to review your overall schedule and budget and work with you to develop a plan to expand on the results of the first Charrette. During this time, we will meet team representatives, and other identified sources, to identify the various messages that will need to be communicated through the exhibitry. (Meeting #1) 2. Research, with the assistance of the City of Lubbock representatives, will begin in order to gather background information. Materials & Publications from the City will also be reviewed in order to begin to identify the categories of information and stories to be communicated. As part of the information gathering activity, we would propose an additional Storyline Charrette on - site in order to further develop the overall story, its major themes, sub -themes and significant messages; as well as to build consensus as to the priority of all story areas. Along with determining the required space allocation for each of the topics to be addressed, this exercise will also lead to the definition of the make-up of the exhibitry components, such as casework, touch -screen applications, graphic panels, etc. We will also discuss the development of a Layered Story addressing all audiences. (Meeting #2) 4. Based on the results of the Charrette, we will develop an Exhibit Plan outlining our comprehensive understanding of the Visitor Experience and the Exhibit Program Specifications (sequence of events, space allocation, etc.) required to create that experience. This is the early stage of development for the Content Outline. 5. Once the Exhibit Plan is approved, and working with the overall team, we will develop the Visitor Experience narrative and the Exhibit Program Specifications along with diagrammatic floor plans that will illustrate adjacencies, define the route of the visitor experience, and determine the appropriate size and environmental needs (A1V, electrical, mechanical, and structural) of the major components of the exhibit. Page 2 Phase II/Exhibit Concept Design 1. Next, a preliminary Exhibit Design Concept Plan will be developed indicating the characteristics for the proposed exhibitry elements, as appropriate, including: • Message content ■ Exhibit technology (A/V, computer interactives, etc.) • Exhibit inter -relationships ■ Conceptual sketches ■ Audio/Visual concepts for the Theater Experience 2. The preliminary exhibit budget will be confirmed based on the Concept Plan and a general understanding of materials and exhibit elements (such as audio visual presentation, special effects, special lighting needs, etc.). 3. A meeting and presentation of the preliminary Exhibit Concept Design will be held at this point. (Meeting #3) Phase III/Exhibit Design Development 1. Based on the results of the presentation, we will prepare Design Development drawings for the Visitor Center. The package will address the development of individual exhibit elements, graphic concepts and audio-visual concepts for the presentation of information. 2. As part of the Design Development phase, our design team will address the development of an appropriate Graphics Standards Package with indications for text, images and identity elements and including the selection of type fonts, type sizes and color families that will enhance and qualify the interpretation of the storyline and the presentation of artifacts/pieces on loan from the City's museums, as well as appropriate props. 3. The special considerations of prevailing building, life safety, fire, handicapped and other applicable building codes is given particular emphasis in this phase. 4. Information concerning the infrastructure requirements of the Exhibit Gallery will be provided to the Architectural team. Owner requested design or construction changes to the Architecture and Engineering documents that require changes or additions to the Exhibit documents after Owner approval will be considered Additional Services. 5. An additional team meeting will be scheduled to continue coordination between the exhibit and the architectural build -out. (Meeting #4) 6. Audio-visual Production concept, including story, A/V techniques, and Script outlines to be used will also be prepared at this time for review and approval. 7. The Design Development presentation, using SketchUp software application, will be prepared in order to present in a walk-through format. Also included will be written specifications for the exhibitry components. A team meeting will occur to review the package. (Meeting #5) 8. The design package and script will be further refined to update the plans, elevations and details. The Owner's representative is responsible for providing to DIG the approved images, photographs and reproductions to be used. Owner is responsible for fact checking, content, proofing and approval of Page 3 all scripts and text. Changes incorporated into the copy during the CD and CA Phases may be an Additional Service. Purchase or creation of original or stock photography, renderings or illustrations, or fonts is not included in this Agreement. If required, they will be additional fees. Phase IV/Exhibit Design Contract Documents/Bid Negotiation 1. Following your review and approval of the Design activity, we will develop the following Contract Documents for exhibitry containing, as appropriate: ■ Plans, Elevations and Details ■ Construction specifications for exhibitry ■ Detailed requirements for Interactive Exhibits • Artwork specifications for all graphics 2. The work of all specialty consultants will also be incorporated into the documentation packages including: ■ Detailed requirements for AV production ■ Detailed requirements for AV hardware • Detailed requirements for Lighting The AudioNisual Consultant will participate in A/V Production and the acquisition of AN Hardware. 3. We will finalize the Graphic Standards Package including all specifications and details for the production of camera-ready artwork by the Fabricator. The Graphics Bid Package will not contain camera-ready artwork, but will have control standards for the Fabricator to follow. The Graphics Standards Package will include layout and design specifications, as appropriate for: • Typography (text, labels, titles, etc.) ■ Graphics (Owner supplied maps, charts, diagrams, murals, illustrations, etc.) ■ Photography • Reproduction layouts and mounting specifications The cost of developing final Digital Artwork for reproduction is part of the Fabrication Budget and will be the responsibility of the selected fabricator. PSC is also available to provide these services to the fabricator as an additional service. 4. Photography will be provided by the Owner. If the Foundation does not own the use rights, these rights will be negotiated by the fabricator or DIG as an additional service at the fabricator's expense during the CA Phase. S. We will also prepare and provide an Exhibit Project Manual that details quantities, the required minimum material performance specifications and industry standard terms and conditions of work delivery, 6. Working with you, we will assist in the development of a list of pre -qualified exhibit fabricators, and prepare and issue the bid packages. Page 4 7. We will undertake a competitive bidding process for the selection of an exhibit fabricator, who will also be responsible for the audio-visual production group(s). 8. We will also provide clarification to bidders during the bidding process and review the final bid submittal with you. 9. We will also assist in the selected contractor(s) agreement negotiations, as necessary, and will support you in this activity consistent with our experience in the purchase of exhibitry. 10. The contracting of an exhibit fabricator culminates this phase. Phase Wontract Administration 1. During this phase, we will work closely with you in the implementation of all exhibitry, AV Production and AV hardware acquisition, including review of shop drawings, product data and samples and observation of on -site installation as appropriate. 2. Audio-visual production activities, including art direction and progress monitoring of the audio-visual produetion(s), will also be undertaken during this phase. 3. Operations and Equipment Manuals will be provided to the Owner by the fabricator at time of turnover. 4. We will participate in site visits during installation for on -site observations. We will also coordinate all work through the Project Team and other consultants and general contractor, as required. 5. We will prepare status reports, or memorandums, during the installation of the system informing the Project Team of changes and we will review the work of the fabricator for quality control issues and issue clarifications and respond to RFls, as required. Fee Summary Based on the scope of work and factors described above, PSC proposes a lump sum fee as follows Site Work Relate AE Services Visitor Center AE Service Exhibits/Multi-Media production $ 175,670 $ 400, 800 $ 205,800 In summary then, based on our understanding of the effort described above, PSC proposes to perform the work for a total lump sum fee of $782,270, plus $20,000 for reimbursable expenses for site survey, soils testing, TDLR review/inspection, renderings, models and reproduction. Reproduction expense for bid printing is not included as it is anticipated that the City will issue bid documents electronically. All reimbursable expenses shall be billed at cost plus 15%. Faxes are not considered a reimbursable expense. Page 5