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HomeMy WebLinkAboutResolution - 2009-R0374 - Professional Service Agreement - Chapman Harvey Architects Inc. - 09/10/2009 (2)Resolution No. 2009-RO374 September 10, 2009 Item No. 5.10 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Professional Services Agreement by and between the City of Lubbock and Chapman Harvey Architects, Inc. of Lubbock, Texas, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 10th day of September , 2009. TO MARTIN', VAYOR ATTEST: Rebecla Garza, City Secretary APPROVED AS TO CONTENT: me Loomis, Assistant City Manager portation & Public Works APPROVE,q AS TO FORM: Chad Weaver, Assistant City Attorney vw/ccdocs/RESTSA-Chapman Harvey Architects, Inc. August 13, 2009 EXHIBIT B Resolution No. 2009—RO374 ACORN.. CERTIFICATE OF UABILITY INSURANCE 0�/2� 00'9 PRODUCER J. E. Murfee K Son THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 13 10 Texas Avenue HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lubbock TX 7944114034 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. i _ INSURERS AFFORDING COVERAGE _ NA1C # _ INSURED Chapman Harvey Architects, Inc INSURER A. St Paul fire R. Marine Ins Co __ 24767 612 Broadway INSURER U, "Travelers Indemnity Co Lubbock I'X 79401 INSURER c _7 ravelers Lloyds insurance Co INSURER D. 1 ravelers indemnity Co INSURER E li COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADO'Lj POLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRATION I LIMITS C (_GENERAL LU161LfTY t301'680.0517M277TLC09 ,04/2612009 04/20/2010 I FACH OCCURRENCE I S 1'QQQ'U�Q ! r DAMAGE TO RENTED 000 0{10 �� 1 1 COMMERCIAL GENERAL LIABILITY ,r -Ij I_PRFL [ ^ a r+erJan 15 _ .._ I 1 CLAMIS MADE (r�IOCCUR MED EXP "..one Berson I S 10=0 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 r GSN'L AGGREGATE LIMIT APPLIES PEP., PRODUCTS • COMPIOP AGG ?,00Q^000 X I POLICY �: PRO- ' LOC D AUTOMOBILE LIABILITY 2 t + Ar10117At38_OJGx1 iO4/2G/2009 �04;26L)010 COMBINEDSINGLELIMIT s 1,000,400 �I ANY AUTO (Ea acatleNl I ` ALL OWNED AUTOS BODILY INJURY ' SCHEDULED AUTOS [Pee person) 5 I _._ !_k HIRED AUTOS jNON I j � BODILY INJURY S {Per acadenq -OWNED AUTOS I PROPERTY DAMAGE I S (Per accirienly GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT $ [[-�— i ANY AUTO 1 I OTHER THAN EA ACC ' 5 1 AUTO ONLY: AGG S £uCESSIUMBRELLA LIABILITY I EACH OCCURRENCE S I�_' OCCUR I I CLAIMS MADE I ' . AGGREGATE I S —j DEDUCTIBLE Q S I I RETENTION S I i 5 B +WORKERSCOMPENSATIONAND YVhiPKUt3s}SG?Y9fi008 11/10/20'D$ 11!1012009 WGSTATU. I IOTH•i TARP LIMIIs- I FR _ EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S I ,000, DOD ANY ECVTNE O FICEFOAEMBEREXCLUDED? -- 1 000,000 E.L. DISEASE - EA EMPLOYEE S + II es.descrlaeunde• I 1 E.L. DISEASE . POLICY LIMIT S 1,000,000 A I oTHERPro essiona l.ia . Q1103809344 I0/23/2008 1 $500,000 Per Claim I 110123/2009 4 S l ,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Blanket Additional Insured Endorsement attached to General Liability S Auto as required bywritten contract and Insurance is primary and non-contributory. Blanket Waiver of Subrogation attached to WC, GL and Auto policies. CERTIFICATE HOLD City of Lubbock Alin: Gcorp Usenbe P.O. BOX 2000 Lubbock TN 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL }i DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) C)1411ZRD CORPORATION 1988 Resolution No. 2009—RO374 SAIADocument B102'* -- 2007 Standard Form ofAgreement Between Owner and Architect without a Predefined Scope of Architect's Services AGREEMENT made as of the tenth day of September in the year two thousand and nine (9/1012009) BETWEEN the Owner: (Paragraphs deleted) James Loomis, Assist. City Manager Transportation & Public Works 806-775-3218 John L. Wilson, Citibtts General R7anager 806-71.2-2001 City of Lubbock PO Box 2000 Lubbock, Texas 79457 and the Architect: (Paragraphs deleted) Larry G. Harvey, Principal Architect 806-749-1 153 Chapman Harvey Architects, Inc 612 Broadway Lubbock, Texas 79401 for the following Project: (Paragraphs deleted) Renovations and additions to the Citibus Downtown Transfer Plaza The Owner and Architect agree as follows. Phase l — Schematic Design: To be awarded at this time. Phase 11— Construction Documents: To be awarded as funds become available No time limitation. Phase III — Construction Administration: To be awarded as funds become available No time limitation. ADDITIONS AND DELETIONS: The author of this document has added information needed for Its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text Is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modification. AIA Document B102m — 2007 iformerly 8141 TM —1997 Part il. Copyright Z 1917, 1926, 1948, 1951, 1953, 1958. 1961, 1963, 1966. 1967. 1970. 1974, 1977, Init 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved, WARNING: This A10 document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Al a Document, or any portion of It, may result In severe civil and criminal 1 penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:57:o8 on 0911112am under Order Na.100(13957D2 1 which expires on 04/1712010, and is rat for resale. User Notes: (1784912197) i TABLE OF ARTICLES 1 ARCHITECT'S RESPONSIBILITIES 2 OWNER'S RESPONSIBILITIES 3 COPYRIGHTS AND LICENSES 4 CLAIMS AND DISPUTES 5 TERMINATION OR SUSPENSION 6 COMPENSATION 7 MISCELLANEOUS PROVISIONS 8 SPECIAL TERMS AND CONDITIONS 9 SCOPE OF THE AGREEMENT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 The Architect shall provide the following professional services: (Describe the scope of the Architect's services or identify an exhibit or scope ofservices document setting forth the Architect's services and incorporated into this document in Section 9.2) Phase I: Programming; Schematic Design: to be awarded at this time Phase 11; Design Development, Construction Documents, Bidding: awarded as funds become available no time limitation. Phase 111: Construction Administration Services: awarded as funds become available nn time limitatioll. § 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily, provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 1.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 1.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 1.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost: (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) .1 General Liability $1,000,000 .2 Automobile Liability AIA Document 8102T — 2007 (formerly 8141 r" —1997 Part 1). Copyright m 1917, 1026, 1946, 1951, 1053, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, lnit 1967, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and International Treaties. Uneuthorited reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal t penalties, and will be prosecuted to the maximum extent possible under the law. This document was prodviced by AIA software at 14:54:52 on 0911112009 under Order No.1000395702_1 which expires on 0411712010, and is not for resale. User Notes: (1752529201) S I.000,000 .3 Workers' Compensation $1.000,000 .4 Professional Liability $1,000,000 The City shall be listed as a primary additional insured with respect to the Automobile Liability and Commercial Liability, and shall be granted a waiver of subrogation under those policies. Chapman Harvey Architect's certificate of liabilitv insurance is attached as Exhibit B. Architect shall maintain said coverage throughout the term ofthis Agreement and shall comply with all provisions of Title 5 of - the Texas Labor Code to ensure that the Architect maintains said coverage. If at any time during the life ofthe Agreement or any extension hereof. Architect fails to maintain the required in full force and - effect, Architect shall be in breach hereof and all work under this Agreement shall be discontinued immediately. Architect shall indemnify and hold City and City's elected officials, officers, agents, employees, and independent contractors harmless, to the fullest extent permitted by law, from and against any and all claims, demands, damages, costs, liabilities, and expenses. including reasonable attorney's fees, as a result of, related to, or arising fi•om Architect's use or occupation of City owned lands_ andfor ane matter related to Architect's activities, performances. operations or omissions under this A4rreenicnt. The indemnity provided herein shall survive the expiration or termination of this Agreement. ARTICLE 2 OWNER'S RESPONSIBILITIES § 2.1 Unless otherwise provided for under this Agreement, the Owner shall provide 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. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 2.2 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 2.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 2A The Owner shall famish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 2.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 3 COPYRIGHTS AND LICENSES § 3.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. AIA Document B102' - 2007 Iforrneriy B141 TM -1997 Part 1l. Copyright® 1917. 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, Init. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe'' Document is protected by U.S. Copyright Law and 3 International Treaties. Unauthorized reproduction or distribution of this A10 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 15:54:53 on 08/20/2009 under Order No.1000395702_1 which expires on 0411712010, and is not for resale. User Notes: (1148332851) § 3.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. 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. § 3.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for the Project, provided that the Owner substantially performs its 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. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Sections 5.3 and 5.4, the license granted in this Section 33 shall terminate. § 3.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect. and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 3.3.1. § 3.4 Except for the licenses granted in this Article 3, 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. 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. ARTICLE 4 CLAIMS AND DISPUTES § 4.1 GENERAL § 4.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. I (Paragraphs deleted) § 4.2 MEDIATION § 4.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a Iien arising out of the Architect's services, the Architect may proceed in accordance with applicable lawto comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 4.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of bnlding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. AIA Document 6102T — 2007 lforrnerly B741 TM —1997 Part 1). Copyright V 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, Init. 1987 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIO Document, or any portion of it, may result In severe civil and criminal 4 penalties, and will be prosecuted to the maximum extent possible under the law_ This documentwas produced by ALA software at 15:54:53 on 0a12012009 under Order No.1 0003957021 which expires on 04/1712010, and is not for resale. User Notes: (1148332851) § 4.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § -4.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 4.2, the method of binding, „: dispute resolution shall be the following: (Paragraph deleted) [ ] Arbitration pursuant to Section 4.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other (Specify) § 4.3 ARBITRATION § 4.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 4.31.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 4.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 4.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. +§ 4.3.4 CONSOLIDATION OR JOINDER § 4.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (I ) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 4.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 4.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 4.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. ARTICLE 5 TERMINATION OR SUSPENSION § 5.1 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, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the AIA Document 8102TM - 2007 (formerly 13141TM -1997 Part 1). Copyright® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, Ink. 4987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This A10 Document is protected by U.S. Copyright Law and 5 International Treaties. Unauthorized reproduction or distribution of this A10 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 15:59:10 on 08/20/2009 under Order No.1000395702_1 which expires on 04117/2010, and is not for resale. User Notes: (1903841323) Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. § 5.2 If the Owner suspends the Project, 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. § 5.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 5.4 Either party may terminate this Agreement 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. § 5.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. I§ 5.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. (Paragraph deleted) § 5.8 The Owner's rights to use the Architect's instruments of Service in the event of a termination of this Agreement are set forth in Article 3 and Section 6.3. ARTICLE 6 COMPENSATION § 6.1 The Owner shall compensate the Architect for services described in Section 1.1 as set forth below, or in the attached exhibit or scope document incorporated into this Agreement in Section 9.2. (Paragraph deleted) Phase 1: Programming and Schematic Design - $32,500 Phase I1: Design Development, Construction Documents and Bidding services — 8% of final construction cost plus all consulting engineer's fees Phase Ill: Construction Administration - $28,000 § 6.2 Reimbursable Expenses are in addition to compensation for the Architect's professional services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project -related expenditures. .12 Civil, Structural. Kiechanical, Plumbing, Electrical Engineers, and any other consultants. AIA Document B102TM — 2007 (formerly 121141 TM —1997 Part i). Copyright ® 1917, 1926, 1948. 1951, 1953. 1958, 1961, 1963. 1966, 1967, 1970, 1974. 1977, Init. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and 6 International Treaties. Unauthorized reproduction or distribution of this Ale 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 AIA software at 15:59:10 on 08/20/2009 under Order No.1000395702_1 which expires on 04117/2010, and is not for resale. User Notes: (1903841323) § 7.7 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. § 7.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose itto any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 8 SPECIAL TERMS AND CONDITIONS Special terns and conditions that modify this Agreement are as follows: I Architect is not to proceed with any work of any phase until written authorization is issued by the Owner. ARTICLE 9 SCOPE OF THE AGREEMENT § 9.1 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. § 9.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B102--2007, Standard Form Agreement Between Owner and Architect (Paragraphs deleted) Other documents: .2 CHA 2009 Schedule of Rates (Exhibit A) 3 Chapman Harvey Architects Certificate of Liability Insurance (Exhibit B) This Agreement entered into as of the day and year first written above. OWNER ARCHI CT (Signature) (Siln ure) Tom Martin, Mayor Larry G. rvey, AIA, President (Printed name and title) (Printed hame and title) Attest: (Signature) Rebecca Garza_Cil� Secretan Approved tp Content: Approved as Form: (Row d eted),i (.Sig; tune)/ (Signature) Jam s Lo mis, Assistant Cit} Manager. Transportation & Public Works City of Lubbock Attornev (Prin ccl nume and title) iPrinte d name and title) AIA Document 8102TM — 2007 (formerly B741 TM —1997 Part 1). Copyright® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, Init. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAr' Document is protected by U.S. Copyright Law and 8 intemational Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal t penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA soltware at 15:54:53 on 08/20/2009 under Order No.1000395702_1 which aspires on 0411712010, and is not for resale. User Notes: (1148332851) § 6.2.1 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus an administrative fee of three percent ( 3% ) of the expenses incurred Reimbursement rate stated in Exhibit A is changed to three percent. § 6.3 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 5.5, or the Architect terminates this Agreement under Section 5.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of the Project as follows: Fee based upon Article 6 terms. Agreed percent complete of phase when termination occurs. § 6.4 PAYMENTS TO THE ARCHITECT § 6.4.1 An initial payment of zero (S 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 6.4.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from - time to time at the principal place of business of the Architect. (Paragraph deleted) 1 % per month, thirty days, per CHA's 2009 Schedule of Rates; Exhibit A is modified to I0io § 6.4.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 6.4.4 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 4.3. § 7.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007, General Conditions of the Contract for Construction. § 7,3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except thatthe Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 7.4 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. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 7.6 Unless otherwise required in this Agreement, the Architect 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, ATA Document B102rm— 2007 (formerly B141 T" —1997 Part 11. Copyright m 1917, 1926, 1948, 1951. 1953, 1956, 1961, 1963, 1966, 1967, 1970, 1974, 1977, Ink. 1987, 1997 and 2007 by The Arn®rican institute of Archftcfs. All rights reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Law and 7 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 AIA software at 15:54:53 on 08/2012009 under Order No.1000395702_1 which expires on D411712010. and is not for resale. User Notes: (1148332851) SCHEDULE OF RATES January 1 through December 31, 2009 EXHIBIT A ChapmanHcmvey ARCH I T E C T S, I NC. Design Basic Services Each project's Design Team includes the client's representative, the architect, the consulting engineers, and when applicable, the contractors and material suppliers. The Architect's and Engineer's basic services typically include a schematic design phase, a design development phase, a construction documents phase, a bidding phase, and a construction administration phase. Additional services may include life cycle management, interior design, acoustic design, model construction, graphic artwork, renderings, and landscape design, and irrigation consulting. Additional services are reimbursable expenses. Personnel Classification 1 Rate Per Hour: Principal (registered arch itectlengineer) $150.00 Design Architect (registered staff architect) $130.00 Design Engineer (registered staff engineer) $130.00 Intern Architect (non -registered staff architect) $100.00 Intern Engineer (non -registered staff engineer) $100.00 Drafter (non-degreed support staff) $80.00 Clerical (non -technical support staff) $60.00 Rates stated are for an 8:00 a.m. to 5:00p.m., Monday through Friday workweek. When a client request services during non -business hours, services are provided at a rate of time and a half, calculated at 1.5 times the stated rate. Reimbursable Expenses: Airfare Mileage Photography Photocopy Printing Model Construction Meals Auto Parking Postage/Shipping Digital Printing Graphic Artwork Hotel Consultants Car Rental/Taxi Artist Renderings Specialized Testing Chapman Harvey Architects, Inc. shall be reimbursed at the rate of 1.15 times the invoiced amount. The client may authorize other reimbursable expenses as the project develops. The client's representative shall provide written authorization to add reimbursable items to the executed agreement prior to the architect performing these tasks. Monthly Invoices: Chapman Harvey Architects, Inc. invoices the first of each month for services provided during the previous month. Invoiced amounts are due upon receipt. To avoid finance charges, invoiced amounts must be received in Chapman Harvey Architect's office within twenty-one days of the invoice date. Finance Charges are computed at a periodic rate of 2% per month, 24% annually. At 612 Broadway CHA's discretion, accounts must be paid in full prior to the release of any project documents for Lubbock,Texas 79401 which fees and reimbursable expenses are due. 806.749.1 153 fax 749.1866 architect chapmanharvey.com S%chaVorms4scheduie of rate