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Resolution - 2005-R0223 - Contract For Architectural_Engineering Service - Parkhill, Smith & Cooper - 05_26_2005
Resolution No. 2005-RO223 May 26, 2005 Item 33 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tern of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract and associated documents with Parkhill, Smith & Cooper, Inc. for Architectural/Engineering Service for designing the streetscaping around the property bordered by 7th Street, Avenue R, and Avenue T in the North Overton Tax Increment Financing Reinvestment Zone. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 26th day of May , 2005. Tom Martin, Mayor Pro Tern ATTEST: Rebecca Garza, City Secretary CONTENT: Ro�-AIlison, D`1iector--c Business Development APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section Lc: UATTY/Linda/RES-PSC-W streetscape May 19, 2005 CONTRACT NO. I 0 AA Document 6151" -1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Thirteenth day of June in the year Two Thousand and Five (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) City of Lubbock PO Box 2000 Lubbock, Texas 79457 and the Architect: (Name, address and other information) Parkhill. Smith 8c Cooner. Inc. 4222 85th Street Lubbock. Texas 79423 Telenhone Number. 806-473-2200 I Fax Number: 806-473-3500 For the following Project: (Include detailed description of Project) Citv of Lubbock - Phase 1, Bond 2, Proiect_65 -(WalmartlStreetsca 1 2120-2122 50th Street Lubbock, Texas Provide streetscaning on the right-of-wav along the tract of land for Wal mart at Ave R, Ave T and 7th Street in Overton Park. The Owner and Architect agree as follows. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document 8151^" —1997. Copyright m 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING. F his AIA" C7ocw.:ent , protcr :d ray U 5 C opy;:jht Law and lr�tet�loiton'ui r eeties. Una thurizad;eprud cti0n ut 1 str buri0n 0f P ,i8 AIA ` Cocur�tenE, ::r I a+ry portion 0f it may 'eS(Jlt':0 SW,.,ere. civil and criminal penalties, and will be prosecuted to the maximum extPrit po si ble order tt:e ta•N. This document was produced by AIA software at 16:29:39 on 05i 17/2005 under Order No.1000169940_5 which expires on 3/27/2006, and is not for resale. User Notes: (3315457187) 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 -Chad Davis as the representative authorized to act on behalf of the Architect .t with respect to the Project. V § 1A 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. § 21 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 -Opinion of Probable Construction Cost based on current area, volume or similar conceptual estimating techniques. § 2.3 DESIGN DEVELOPMENT PHASE § 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. V�t�- § 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary e��-O inion of Probable ;, x Construction Cost. § 2.4 CONSTRUCTION DOCUMENTS PHASE § 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. § 2.4.2 The Architect shall assist the'Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. AIA Document 8151 *w —1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. ':vARMNG. f his AIA' Cocurrit nt 's pr.;iected by U.S. Crpyuyht t uw .;rid lotrinat;unat 7reatles ILSa.,thorized -�ptoduilioo w Ji. t,66,Aion of lt'd5 AW Cor,asjenl ar e2 any portion )f it, may result in severe Jvil and criminal perafties, and will be prosecuted to the maximum extant possible under ine law This document was produced by AIA software at 16:29:39 on 05i 17i2005 under Order No.1000169940_5 which expires on 3127i2006, and is not for resale. User Notes: (3315457187) § 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estima es -Opinions of l Probable Construction Cost indicated by changes in requirements or general market conditions. § 2AA 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. 12.15 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate Opinion of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. § 2.6 CONSTRUCTION PHASE —ADMINISTRATION OF THE CONSTRUCTION CONTRACT § 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 MA 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 be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. § 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. § 2.6.6 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. AIA Document 13151 TO —1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. :^ ^.`Wd,'JG tPos AtA' Cocument is prcteaed by U S Copy lyhl Law4 and l",I,, .ational 1r�eiies. Ufiauihorized n;P(od �iit:n or 0i 36Ibu r of tc, Ai ^o �� ,_��t 3 any portion of it may result in Severe evil and criminal penalties and milt be prosecuted to the mir.murn ext:ml p^ssibf jn.de r rt : inw. This document was produced by AIA software at 16:29:39 on 05/17/2005 under Order No.1000169940_5 which expires on 3/ 27/2006, and is not for resale. User Notes: (3315457187) § 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 (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. § 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (I) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 2.6.10 The Architect shall have author-ky notify and make recommendations to rejeeEthe Owner concerning Work that does not conform to the Contract Documents. VA*aever-The Architect shall recommend to the Owner when the Architect considers it necessary to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and 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 by 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 AtA Document B151TM —1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. 'JAR NING i tus A.A� Document is pr�;[eded by U S. Copyri, I+( Larr of d ;,te+ �atio,-,aI Tr aties 1 nauthorized repi,Aur lwu or i ihis AIA' Docu+nersi yr 4 my portion of it, may result in Severe civil and cnminal peoaitces. and x ll by pr_rec+uted to the maximum extent possible under the law This document was produced by AIA software at 16:29:39 on 05/17,12005 under Order No.1000169940_5 which expires on 3/27/2006, and is not for resale. User Notes: (3315457187) assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final ifispeetieR observation indicating the Work complies with the requirements of the Contract Documents. § 2.6.15 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 be final if consistent with the intent expressed in the Contract Documents. § 2.6.18 The Architect's. decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in 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 further 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. AIA Document 8151TM —1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. :NARtJING, this AIA Oocumertt is protected by U.S. Copyright L,n and ioiemalionai TI eatiert Llow1ri oliced reproduction of diatributior. of This AlA Dorumen!. •:n 5 fey pc of it; pray result in severe civil and criminal penalties, and will be prc,ser, �,t A to +he maximum extent -possible under the law. This document was produced by AIA software at 16:29:39 on 05/17/2005 under Order No.1000169940_5 which expires on 3/27/2006, and is not for resale. User Notes. (3315457187) § 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. § 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 § 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. § 3.4.2 Providing financial feasibility or other special studies. § 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 eOQainions of Probable Construction Cost. w § 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. AIA Document Bi57T""-1997. Copyright© 1974, 1978, 1987 and 1997 by The American institute of Architects. All rights reserved. `v;:ari rY1G. rh,s AAA COeu41-ni a 11 S Copyi ,I 1 iN -,J nr!,n) ;:i,ial T, iti�•s ;J, euthui,ct a prodw;iiw- ,i uiio i if iliia Al.4 C- ,u.•. I, + y portign of it r ay +� .+,It in :?acre <;;�ii ,; d riminal ponaitieS; and r, U rN rrr„e!;r;ted is fY g ;r, xunurn :er+.n+ posy Y,le i .t er hr. :w This document was produced by AIA software at 16:29:39 on 0511712006 under Order No.1000169940_5 which expires on 1272006, and is not for resale. User Notes: (3315457187) § 3.4.14 Providing services for planning tenant or rental spaces. § 3A.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. § 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. § 3A.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 60 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, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. § 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, 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. AIA Document 8151 rm —1997. Copyright m 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. 'ii A O NG This AIA- Docwn, rnt is piwectEd by U.S. Copynght Ldw and i,detm,I,oioI U in,Iknuz d;"-produ(1ion or IJI:;mbution .,i ihlb AiA' Docowf.ot,r ,ny potion of it. may iesult in severe civil and criminal penalties. and will be pros.-cu f:�d to the maximum zaf nt possibic, urdeY f`-e lax This document was produced by AIA software at 16:29:39 on M17r2005 under Order No.1000169940_5 which expires on 3127/2006, and is not for resale. User Notes: (3315457187) § 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. § 4.9 The services, information, surveys and reports required by 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 § 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated ost to the Owner of all elements of the Project designed or specified by the Architect, as stated in the "fhitec4-.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 estifna &QRmion of Probable Construction Cost and detailed estimates-Oyinions 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 estimate-O 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. § 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Section 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. AIA Document 8151 TM — 1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. NARNING I>;s :>.IA Document is prof !ud by U (-�opyi iyht taw d+id l iepioJu.,tiun w J siri't.%utiUn ui I! i� ,,IA Dr uto,1, ,f. li 8 any portion oft[, may r_ uIt ir. ev ,re civil rind criminal per,aIli" and Mil he prosecuted tr, the maximum even possihl , .t id: r the law This document was produced by ALA software at 16:29:39 on 05/17/2005 under Order No.1000169940_5 which expires on 3/27/2006, and is not for resale. User Notes: (3315457187) § 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. 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. § �T A4EMATION �l , Agr-eement shall be sHbjeet to v c iit nd with .. . AIA Document 8151Tw —1997. Copyright Q 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. :VARtvttlG r1 i PIA DuCumdrd is ptutec -.d by iJ S. Cupynynt r_aw a rd t rU,rrrtiiririal Tnie6ei. Un:,uthurized rrproduc ior7 �x Lyi�.#,l,uv i )r ilii5 ,eLa Du, unx-f ar g ,ny portion of ,t, rr:ny rr±,,lt in sev,�re civil and crim nail penalties: and will be prosecuted to the maxsmym extent po. it !c, .%,wfo, the taw This document was produced by AIA software at 16:29:39 on 05/1712005 under Order No.1000169940_5 which expires on3r27/2006, and is not for resale. User Notes: (3315457187) advanee Elf ar-biwafieR or- legal OF equim which shall be stayed pendiRg modiatieA fiqr- a per-iod of 60- § 1.4.3 The paAies shall ShaFe 6�e 1+10di8tel"S fee and any filing fees equa4ly. The mediatieH shall be held in ihe piace §ARBITRATION 7.2.1 ARy eWm, dispute of adief: fRatteF ill qH0Sfi@f1 ar-iSiRg Otif Of OF felatOd to this Agr-eefoent shall be subject to SeetioR tr § 7,2.2 Claims, disputes and other- matter-s in quesiiiafii bet%vefi the paf4ios that me fiet feselved by fnediation shall b dec-ided by ar-bifFadea which, unless the paFties mutually agree ethem,ise, shall be in aceeFdance with the —AFbit-im-tien sh—All be f1led- in vMting with the other- pai4y iie this AgEvemean; Rind i-vith whe Amer-isan Afbitr-atian A6S9Ei-fiAR: question has afisen. 1R ne event shall the demand for. Rrhitration he MALAO aftff the dat@ WhOR il!11441160H Elf legal 0 SpeGifilB FOfffenee te this Agfeefneat and signed by the Owner, Arehiteet, and any atheF per-saR OF entity sought to be joined. Geffsen! te aFbiwatiafi invelving an additional per -son OF eniky shall not eenstitute eensent to alFbilifation 9 nffimed- eff described theMw The fefegeiRg agFeemeat te afbitf:ate a"d ether- agreements to afbitfate with an § 74.5 The awar-d FOREJer-Od b5' the afbitFater- ar ffbitr-ater-s shall be final, and judgment may be entered tipeft it in of Ar. ;*-IA4f19 to this AgFeem-ent. T- h-i S. ;;I-Illtlal WRiVff is applieable, without limitation, te all eonsequential 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. AIA Document 8151 Tw -1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. itA 'A i`tis 46A D � ufo—1 ,, �� arty portirm or it roay re,ult ills.>>er� Givit any} r_rmiinal penal ,es and vPl be presecuted to thmzir e an-,jm ra pt ecs>ttr. nd�,r lllr, :,iF, This document was produced by ALA software at 16:29:39 on 05/17/2005 under Order No.1000169940_5 which expires on 127/2006, and is not for resale, User Notes: (3315457187) § 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. 18.4 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. § 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 dMined in ue. -wise eempeasated, plus aR ameant for- the elk, efdw seFvieer, Rot pef!CBMed by the Mehiteet. ARTICLE 4 MUELLANEOU6 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. § 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. § 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. AIA Document 6151 Tu —1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. v'ORN401 r hig :urn_. uocurnent 1S protec ed by U.S. Cnpyngt t t aw and baernadoriat Treaties Utiaulhortted reptuducuun of distr.bution of ihts AtA ' Dort frert, -a any portion, of it,+nay ro;ult in severe rival and .:riwmil pa,nalties and ViII be prosacut+nd to the inaxirnum eerr=nt po;sihle ucder the taw This document was produced by AIA software at 16:29:39 on 05i 17i2005 under Order No.1000169940_5 which expires on 3/27/2006, and is not for resale. User Notes: (3315457187) § 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; .4 b , p�G .6--renderings, models and mock-ups requested by the Owner; b V the A..ehiteet .,tea the A..ehiteet's , ..ltant6 .7 —.5 reimbursable expenses as designated in Article 12; $--.6 other 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. § 10A 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 PAYMENTS 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 B151 TM —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 Copyrighl Law and International Treaties. Unauthorized reproduction or distribution of this AtAa Document or any 12 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extem possible under the law. This document was produced by AIA software at 12:46:10 on 05/19/2005 under Order No.1000169940_1 which expires on 3/27/06, and is not for resale. User Notes: (3016947667) § 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: I_ AI § 11.1 An Initial Payment of Zero Dollars and Zero Cents ($ 0.00) shall be made upon execution of this Agreement - and credited to the Owner's account at final payment. § 11.2 BASIC COMPENSATION § 11.2.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) I Lumn Sum Fee: "I Planning $ 6,800.00 Softscape Design $ 31,185.00 Hardscape Design $ 16,065.00 Softscabe Construction Administration $ 10,220.00 �►�,1. � Hardscape Construction Administration $ 5,355.00 Subtotal: $ 69,625.00 3rd Party Coordinate Allowance $ 5,000.00 - (Hourly Rate. Not to Exceed) Total Fee: $ 74,625.00 Plus Reimbursable exnenses_not to exceed $5,000.00. This excludes cost of survey if required. and bid reproduction. § 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.) percent-{ } per-eent pefeentpeFeent pervent § 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 negotiated sum attached to a defined scope of services. § 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (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.) AIA Document B151 TM —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 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 12:46:10 on 05119/2005 under Order No.1000169940_1 which expires on 3/27/06, and is not for resale. User Notes: (3016947667) 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 (l.15) times the expenses incurred by the Architect, the t,l Architect's employees and consultants directly related to the Project. § 11.5 ADDITIONAL PROVISIONS § 11.5.1 If the Basic Services covered by this Agreement have not been completed within Twenty-four ( 24 ) 1i 1, 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. § 11.5.2 Payments are due and payable( )days ffem the date of the Ar-ehiteet's in-vaiee. AFneuats unpaid ( )days Gi4l'— a - the inveiee date shall bear- inter-est at the rate entered belew, oF in the absenee thereof at the legal faw pfevailing- / VVU frem ursuant to lithe -at -the .Texas Prompt Payment Act, Texas Governance Code 2251. (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 Exhibit A Scope of Services V*C 12.2 Exhibit B PSC Standard Hourly Rate Schedule 12.3 Exhibit C Insurance Certificate. Insurance will be supplied by the A/E for this contract in the amount specified in the attached certificate. AIA Document B151TM —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 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 12:46:10 on 05/19/2005 under Order No.1000169940_1 which expires on 3127/06, and is not for resale. User Notes: (3016947667) This Agreement entered into as of the day and year first written al 0 R (Signature) Victor Kilman, Purchasintt Manager (Printed name and title) A roved as Content: Rob Allison an ood Development Manager I Approved as to Form: City+ Attornev's Office Tom Martin, Mayor Pro Tem Attest f;�, -0 , ,- 9--�:, City Secretary (Printed name and title) AIA Document B151TM-1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. rvnHatiNG rrns ?iA ur•cuwrnt �s protec!n by u 5 Copyriyhi Law and inti:rr ar unai rtetaiie9 iJ i,urhuriet d n [Jr. Juihun ur ti a"dun ;i ihis AiAI M)esiw. 0t „r �� aay t _,rtr,r= of ii, :nay re,ull ;n <;e> .re ei,rit nd �rir-ninal penaitie s, nd vi!I be Iir secot.ad to tha rnaxrrnum .,xtr i t.css�D e u;-vi r r�, I<.w This document was produced by AIA software at 16:29:39 on 05il 7/2005 under Order No.1000169940_5 which expires on 3r'27i2006, and is not for resale. User Notes: (3315457187) Phase One, Bond Issue Two, Project 65 (Walmart) Streetscape in "Overton Park" City of Lubbock Exhibit A May 16, 2005 Scope of Services Project Site Location: The location of this project is the area of land between the property line out to the curb of the street along the perimeter of the tract of land being developed by Walmart bounded by Ave R, Ave T and 7th Street. This project does not include the land inside the property line nor does it include the right of way area on the opposite side of the street. Project Budget: The project scope is to include public amenities (such as benches, trash receptacles, and tree grates), concrete sidewalks with brick pavers, irrigation system, pedestrian lighting and plant materials. Additional design elements would be considered an addition to the scope of services. Parkhill, Smith & Cooper, Inc. (PSC) understands that current estimated available city funds for this project (including lighting) is $700,000 for construction. A significant increase in the projected construction cost provided through the development of PSC's Opinion of Probable Cost during the design phase beyond the $700,000 current budget shall be considered a change/increase of scope when approved by the Owner. If the increase in budget is not approved, PSC shall reduce the design to maintain the current anticipated $700,000 cost. Significant increase in budget that is approved by the Owner for this contract shall mean an increase of 10% or more from the current $700,000 budget. PSC shall invoice for this change/increase of scope proportionate to the fee and increased budget amount as an additional service. Description of Services: PSC will provide landscape architectural services and electrical engineering services for this project. PSC understands that the work of this project is to be bid in 2 separate packages: Hdscape and Softscape. Separate bid phases and Construction administration phases are included. The scope of services will include: Selection and layout of benches and trash receptacles. Irrigation design Selection and layout of plant materials Design and documentation for concrete and brick paver sidewalks Design of pedestrian lighting Project Tasks, Meetings and Deliverables: Kick-off: • Preliminary Base Map Preparation and preliminary Utility Coordination Schematic Design: ■ Develop Plans and select products for consideration ■ Decisions finalized on basic utility locations ■ Develop Preliminary Opinion of Probable Cost ■ One review meeting Design Development: ■ Develop Plans, integrate selected products • Refine utility location coordination ■ Update Opinion of Probable Cost ■ One review meeting Construction Document Phase: ■ Further Develop documents ■ Develop Specifications ■ Final utility coordination • Update Opinion of Probable Cost ■ One review meeting Bid and Construction Phase: • Bid Document Preparation ■ Maintain Plan Holder list and distribute plans ■ Respond to questions and develop addenda if requested • Attend Pre -bid meeting ■ Attend bid opening, and review bids ■ Attend Pre -Construction meeting • Review specified construction submittals. Effort expended by PSC reviewing contractor furnished submittals that have been rejected twice will be performed as an additional service on an hourly basis. • Respond to Contractor requests for information ■ Visit site generally bi-weekly during construction to observe construction activity and progress with a maximum of 30 visits (total of both construction contracts). Additional site observations/visits requested by the Owner or required due to longer construction time period will be considered an Additional Service and invoiced on an Hourly basis. • Review Contractor applications for payment ■ Develop punch Iist and revise once. Additional site visits and revisions to the punch list will be made as an additional service on an hourly basis. PSC Third Party Coordination Items to be performed by PSC as an additional service: Adjacent Property Owner (Walmart) Coordination 1. To the extent possible given this project's schedule coordinate landscape efforts between the Walmart private property and the abutting right of way for aesthetic and maintenance considerations with attendance by PSC at a maximum of I meeting. Proposed Street/Curb Reconstruction Coordination 1. Monitor proposed street/curb reconstruction being designed by others for changes in that project's construction implementation that affect final layout of this project by attending a maximum of 4 construction progress meetings of the street/curb project. 2. Incorporate street construction changes that are discovered to impact this project. 3. Coordinate potential survey requirements for additional information from proposed street construction. LP&L Electrical Engineering Coordination for the Lighting Component 1. Identify location, depth and configuration of proposed conduit and circuitry, such as transformers and pull boxes, required for pedestrian lighting. 1. Establish location and configuration of pedestrian lighting bases for inclusion in hardscape plan. 2. Incorporate proposed poles and fixtures location and height for coordination with final planting schemes. 3. Coordinate construction sequencing for landscape/hardscape implementation with required pedestrian lighting implementation. END EXHIBIT B Client: City of Lubbock Project: Fire Station No. B Contract/Proposal Date: May 9, 2005 Classification Hourly Rate PROFESSIONAL LEVEL VII Engineer VII Architect VIII Landscape Architect Vlll PROFESSIONAL LEVEL VI Engineer VI Architect VII Landscape Architect VII PROFESSIONAL LEVEL V Engineer V Architect VI Landscape Architect VI PROFESSIONAL LEVEL IV Engineer IV Architect V Landscape Architect V PROFESSIONAL LEVEL III Engineer III Architect IV Interior Designer V Engineering Technologist IV Resident Project Representative IV Landscape Architect IV PROFESSIONAL LEVEL II Engineer 1/II Architect III Interior Designer IV Engineering Technologist III Resident Project Representative III Landscape Architect III Direct Expenses Parkhill, Smith & Cooper, Inc. Hourly Rate Schedule Current through December 31, 2005 Classification Hourly Rate 143.00 PROFESSIONAL LEVEL 1 66.00 Intern (Architect) 1/11 Interior Designer III Intern (Interiors) II Engineering Technologist 1/I1 118.00 Resident Project Representative 1/11 CADD Manager V SUPPORT STAFF III 63.00 Engineering Technician III/IV 101.00 CADD IV Administrative Secretary III SUPPORT STAFF II 53.00 Accounting Cierk 88.00 CADD Clerical Engineering Technician 1/II Administrative Secretary I / II 79.00 SUPPORT STAFF 1 32.00 Accounting Clerk Trainee CADD Trainee Clerical Trainee Reimbursement for direct expenses, as listed below, incurred in connection with the services, will be at cost plus fifteen percent for items such as: 1. Maps, photographs, postage, toll telephone, reproductions, printing, equipment rental, and special supplies related to the services. 2. Consultants, soils engineers, surveyors, contractors, and other outside services. 3. Rented vehicles, local public transportation and taxis, travel, and subsistence. 4. Special or job specific fees, insurance, permits, and licenses applicable to the work services. 5. Outside computer processing, computation, and proprietary programs purchased for the services. Rate for professional staff for legal proceedings or as expert witnesses will be a rate one and one-half times the Hourly Rates specified above. Excise and gross receipts taxes, if any, will be added as a direct expense. The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2005 through December 31, 2005. After December 31, 2005, invoices will reflect the Schedule of Charges currently in effect. CERTIFICATE OF LIABILITY INSURANCE r t•t lz THIS CERTWICATE tS ISSUED AS A MATTER Of INFORNIATWw CECII.-DIM>N TR-S MITCR AGE*= ONLY AND CONFERS NO RfG HTS UPON THE CER iFICATE �. +0. -Rox 3870 40LOEk THM CER'nFtCATE DOES VOT AMEND, EXTENC OR TX 79952 ALTER THE r-OVERAGE AFFO R09D BY THE POLICIES MOW. p:606 747-3A04 F':805-747-1521 NSURERSAFFotb{JSecovERpczE sxi� M`w _�" �. •�"�'���" ftk�i2E,R A: CGiAI2'�TtNSC�TTINI'�'SA.I, x�TSO'f�23C� c:o . /cOs" ,%,,._ r 3z3chia1, Ssui tl► t. Coopx4r, Inc. 'm%xNsyok1' TXoN lxSLA?10E CO. /yos 4z22 85th Street NbtJf� Ra CM/VAZXSX FMOS INSt33'►1WR CO./WS _ h vMCAc a COVERAGES THE POLIC*S FOR TW POLICY PEMOO MQATED. NOTM.TFISTAPDiNG 1 AKY REMIAEVEAiT, Tt'.i A OA Ct7NDITION OF ANY CON itACT CR 07HER 0000 '.r'JI7N #E.f',PECTTOWHICH THS CERTIFICATE MAYBE 1SSJECDOR MAY PEfRUK TIX WSL9 NCE AFFORl 3 BY Tt-e I0i. tS DCS"!Geb t EKlI!I i IS SU&WCT"'r 0 ALL THE TES' +13, EXCLUSIOM AND i:+DN0r:xm Cf !"r." POLICIES. AGGREGATE LUTS S.40%%W MAY HAVa 8EEN REDUCED BY PAID CLA#lM. tYPE i�C2t.�Y T�O.N.�.m:,....�...._w..,... ,.:.. _. .:.:: f5R t>f*'<1lS4JRAh'C@ ICY 1� 1 n + r LVATS 0Zt1�sAL LM2WY AOI O iftcf k.'� s I, 000, 00 —~ t1 (OOMMCIrK c?FrIFRALL':+E3dl?Y TCP2068975829 09/30/1004 09/30/2005 'r. 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STREETSCAPE T14E CITY OF LUBBOCK IS SHOWN AS ADDITIONAL INSURED ON THE GENERAL LIA81LITY AND AUTO POLICIES. WAIVER OF SUBROGATION APPLIES IN FAVOR OF THE CITY OF LUBBOCK ON THE WORKERS' COMP POLICY. C�RTis iCATE HOLDER(J rv7NT'r'tAl: 1?iitaitE� INS t aLETtE#t CANCELLAMN �+•x.�,a nvr of ;•I a�ovc or<,ca� Q� P�-ecaes e� c,u.�cv_i::-:n �rr�okE ter; E>:tru rev CITY OF LUBBOCK "u1"IETt�P.cLF,7NE�$YLNi4)ItS�11fE3YiR.t,SK'15�J.i 74 D�fl LAYS:4M!SYT�t PO BOX 2000 voT�E'>fiTfICCfW ICATBftoLG�itI7111EU?DTI'BLEfT,rauTfAtLtY.2E7aO�scSfu'LL g LUBBOCK, TX /9457 IMAEP40aleATO10RLIARV.I ?OP ANYSSItl7i Y'hNTPEW-WgfikJSA43z-hfSOR i h`�plcF:�A YA.�Y� AU')lt�i�Cti 1{�SyRG!..t:�T�tiltiltr � -r ��. ti: r va �T. - a•. n ,ynn rn:a-van.+. rrnr,. �.�co f6v Exhibit C - Page ACORD CERTIFICATE OF LIABILITYINSURMCF. olros/N mom McL>cug t H+<tafEOlea A&MY ON ONLY AN FEO N �R10 T�i Mt PORN THE C� TE 9535 Pout Lase HOLDER. THIS CERTIFICATE OM NOT AMEND, EXTEND OR Ube I l8 AFFORDED BY THE POLICIES BELOW. 0211" TX 75243 INSURERS AFFOROM COVERAGe ParkbA Smith dt Cooper, Ina. I • XL SP*Ci4ltY InWranCe C (A+ XV) IwmaLubbock 4222 &M St TX 79423 Jam THE POUCIEs OF INSURANCE LISTED ottriOW M W wm 4-8 OEM THE INSURED NANO ASOV! FOR TM POLICY PERIOD INDICATED. N( TWRHSTANDINO ANY REOUIREIIENT, TEWI OR CONO(TION OF ANY COWM4CT OR nU OOCLWENT WITH RESPECT TO WHICH THAT CBRTEICATI1 MAY BE SSUED OR MAY PERTAIN,, THE WJRANCtt AFRORM BY THE POLICES DESCRIBED HEREIN IS SIXI M TO ALL TH! TERMS, E=USCYS AND CONC(TIONB Of SUCH POLI U. Ati8RE0ATE LMrM SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS. Tymor Palmy Ulm M9CSURRB�CE MMA4t3t Wer i But LWLIR' CWMNI MAN!! OCCUR LLIIT PidC -mawovu L!A/LtTY ANY AUM ALL OWIIGA AUTOIf SCHEDULED AUTOS MOM AUTO! lglLOWIiDAUTOi �n Nlfila LOAT BOOB Y (Pw vRsonl BODLY NLRIRV (p►�MpeOtldp� E lrra94TYOAKUM 8 ■ uA>MurrNM ANY AUTO LY,r,_A_Aq0gjn o?>•wwR THAN EA ACC AUTO ONLY: 5.. axcm .. 11ANILRY OCCUR CLAIMS MADE 06DJCTIOLI! ewHocommmg E e WOMUM COMPINGATIMAND !YR oYpB• UA L" A OTN. $ 2,000,000 per clairnlaunl agetgte 0rA*rofe33ioaal Liability DPR9408369 01/1012005 01/10/2006 f i 3CNPTM Of aMW AD= BY N 10 MOMMM1TtB IM& rlavl>tlM t Claimm mach pmfe4901W liability Covcragc is the tOW aggt+egabc limit for all Claims pr a ted within IhC policy period and subject to a deductibk. Wj*1Cr Cvtfiahe 5"O"D ANY O► Ta ASUVE MUNiM "M= to CANCELLED N Two RAPM kTMN DATZ THBr", THE IBNUM tlQUNM Wr.L M OUVOR TO MAIL 1(J SAY! wRITrFN NOT= TO TIR CUIVICATE HOLDIR NAMD 10 THE La". BUT PALM TO 00 SO SHALL WM NO OBLGATION OR UAiLITY Or ANY YWD UPON THE m3mok IN AOENTS OX AUTHOR=REPRS6l ma TION 1988