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Resolution - 2003-R0099 - Professional Service Contract - Parkhill, Smith And Cooper, Inc. - 02_27_2003
Resolution No. 2003-R0099 February 27, 2003 Item No. 34 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Senior Council Member 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 8th Street, Avenue V, Avenue W and Main Street 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 27th day of February , 2003. T.J. AT ERSON, SENIOR COUNCIL MEMBER ATTEST: Garza, City S API'R AST NTENT: Craig Fa e anaging Director of Planning and Transportation APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney Office Practice Section Lc: UATMLinda/RES-PSC-streetscape Resolution No. 2003—R0099 1991 Edition - Electronic Format AIA Document B151 - 1997 Abbreviated Standard Form of Agreement Between Owner and Architect THIS DOCUMENT HAS IMPORTANT LEGAL AGREEMENT made as of the day of in the year 2003 CONSEOUENCES. CONSULTATION IN/THAN (In words, indicate day, month and year) ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. BETWEEN the Architect's client identified as the Owner: AUTHENTICATION OF THIS ELECTRONICALLY (Name, address and other information) DRAFTED AIA DOCUMENT MAY BE MADE City of Lu bbOck BY USING AIA DOCUMENT D401. Box 2000 Lubbock, Texas 79457 and the Architect: (Name, address and other informa tion) Parkflll; Smfh & cooper","Inc. (PSC) 4222 85th $te6et Lubbock, Texas 79423 The Owner and Architect agree as follows. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT 1.3 The Architect shall designate aMary Cntes, AIA, F~Irm`Prbcipal of P5 ' as the:_ AGREEMENT representative authorized to act on behalf of the Architect with respect to the Project. The American Institute of Architects 1.4 The services covered by this Agreement are subject to the time limitations contained 1735 New York Avenue, N.W. in Subparagraph 11.5.1. Washington, D.C. 20006-5292 © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below, expiration as noted below. User Document: phaselbond.aia -- 211712003. AIA License Number 1015916, which expires on 51612003. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule THIS DOCUMENT HAS IMPORTANT LEGAL and construction budget requirements, each in terms of the other, subject to the limitations set CONSEQUENCES. CONSULTATION WITHAN forth in Subparagraph 5.2.1. ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. 2.2.3 The Architect shall review with the Owner alternative approaches to design and AUTHENTICATION OF THIS ELECTRONICALLY construction of the Project. DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 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 owe -e4Opinlon of V/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. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary ewe 40pinion of Probable Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of ti 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 01997 AIAO information, bidding forms, the Conditions of the Contract, and the form of Agreement AIA DOCUMENT B151-1997 between the Owner and Contractor. ABBREVIATED OWNER -ARCHITECT AGREEMENT 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary eestimates o'Opinions of Probable Construction Cost indicated by changes in requirements or The American Institute of Architects 1735 New York Avenue, N.W. general market conditions. Washington, D.C. 20006-5292 © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: phaselbond.aia -- 2/17/2003. AIA License Number 1015916, which expires on 5/612003. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE V The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimae-of-OpinPon "of Pfoba%Ie '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 THIS DOCUMENT HAS IMPORTANT LEGAL 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase CONSEQUENCES. CONSULTATION WITHAN under this Agreement commences with the award of the initial Contract for Construction and ATTORNEY /S ENCOURAGED WITH RESPECT terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or-6o TO ITS COMPLETION OR MODIFICATION. days after the date of Substantial Completion of the Work, Of t` days a 2f tile� I'61hiteC AUTHENTICATION OF THIS ELECTRONICALLY Issues the 1st _"Punch 'Usf' DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 2.6.6 The Architect shall report to the Owner known deviations from the Contract 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, © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: phaselbond.aia -- 2/17/2003. AIA License Number 1015916, which expires on 5/612003. ®1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 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. 2.6.9 CERTIFICATES FOR PAYMENT 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue THIS DOCUMENT HAS IMPORTANT LEGAL certificates in such amounts. CONSEQUENCES. CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. 2.6.9.2 The Architect's certification for payment shall constitute a representation to the AUTHENTICATION OF THIS ELECTRONICALLY Owner, based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and DRAFTED AIA DOCUMENT MAY BE MADE on the data comprising the Contractor's Application for Payment, that the Work has BY USING AIA DOCUMENT D401. 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 (0 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. V 2.6.10 The Architect shall Dave "" ie rejecnotlfy an'd make reornrneidatlons to the Owner concerning Work that does not conform to the Contract Documents. `"',rhenevei- #:he rEhitee -considers 44: -ram � -a�a� �heThe Architect shall 13ave` _ �; autho recommend to the owner when tf a Architect considersit necessary to require . .�,_ k .�.� �., _ 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 MM 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 01997 AIA® expressed in the Contract Documents. The Architect's action shall be taken with such AIA DOCUMENT B151-1997 reasonable promptness as to cause no delay in the Work or in the activities of the Owner, ABBREVIATED OWNER -ARCHITECT Contractor or separate contractors, while allowing sufficient time in the Architect's professional AGREEMENT 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 The American Institute of Architects quantities, or for substantiating instructions for installation or performance of equipment or 1735 New York Avenue, N.W. systems, all of which remain the responsibility of the Contractor as required by the Contract Washington, D.C. 20006-5292 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, © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: phaselbond.aia -- 2/17/2003. AIA License Number 1015916, which expires on 5/6/2003. 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 THIS DOCUMENT HAS IMPORTANT LEGAL supporting documentation and data if deemed necessary by the Architect as provided in CONSEQUENCES. CONSULTATION WITH AN Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the ATTORNEY IS ENCOURAGED WITH RESPECT Contract Documents, and may authorize minor changes in the Work not involving an TO ITS COMPLETION OR MODIFICATION. adjustment in the Contract Sum or an extension of the Contract Time which are consistent AUTHENTICATION OF THIS ELECTRONICALLY with the intent of the Contract Documents. DRAFTED AIA DOCUMENT MAY BE MADEBY USING AIA DOCUMENT D401. U 2.6.14 The Architect shall, cendtinspeetionseby uisUal o_sJd determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final i_nspectieft -observation' indicating the Work complies with the requirements of the Contract Documents. Lam(/ 2.6.15 The Architect shall interpret and decide matters aiid mako ro'coTnmenc atlonrsR fo �T the Owner concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph 2.6.17, shall be subject to mediation and arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Repro uction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below, User Document: phaselbond.aia -- 2/17/2003. AIA License Number 1015916, which expires on 5/6/2003. ©1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on -site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and THIS DOCUMENT HAS IMPORTANT LEGAL the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, CONSEQUENCES. CONSULTATION WITH AN responsibilities and limitations of authority of Project Representatives shall be as described in ATTORNEY IS ENCOURAGED WITH RESPECT the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY agreed. DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 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. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating 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 01997 AIA® Contractor and making subsequent revisions to Drawings, Specifications and other AIA DOCUMENT B151-1997 documentation resulting therefrom. ABBREVIATED OWNER -ARCHITECT AGREEMENT 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other The American Institute of Architects cause during construction, and furnishing services required in connection with the replacement 1735 New York Avenue, N.W. of such Work. Washington, D.C. 20006-5292 © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: phaselbond.aia -- 2/17/2003. AIA License Number 1015916, which expires on 5/6/2003. 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 THIS DOCUMENT HAS IMPORTANT LEGAL Construction Documents Phase. CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT 3.4 OPTIONAL ADDITIONAL SERVICES TO ITS COMPLETION OR MODIFICATION. 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the AUTHENTICATION OF THIS ELECTRONICALLY Project. DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 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. V 3.4.10 Providing detailed ems-oiOpinions o ro6a Te Construction Cost. t 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. �5P 3.4.12 Providing analyses of owning and operating costs. 01997 AIA® AIA DOCUMENT B151-1997 3.4.13 Providing interior design and other similar services required for or in connection with ABBREVIATED OWNER -ARCHITECT the selection, procurement or installation of furniture, furnishings and related equipment. AGREEMENT 3.4.14 Providing services for planning tenant or rental spaces. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: phaselbond.aia -- 2/17/2003. AIA License Number 1015916, which expires on 5/6/2003. 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 6o days after the date of Substantial ti.ryV Completion of the Work or, In the absence of a final Certificate for Payment; more fiian' 60 days ;after t.Fje ArcWtect ISSU2S 1" 'IS�'��UI1Ci1 LISt".. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN 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. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. BY USING AIA DOCUMENT MI. 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. 01997 AIA® AIA DOCUMENT B151-1997 4.5 The Owner shall furnish the services of geotechnical engineers when such services are ABBREVIATED OWNER -ARCHITECT requested by the Architect. Such services may include but are not limited to test borings, test AGREEMENT pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, The American Institute of Architects ground corrosion tests and resistivity tests, including necessary operations for anticipating 1735 New York Avenue, N.W. subsoil conditions, with reports and appropriate recommendations. Washington, D.C. 20006-5292 © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: phaselbond.aia -- 2/17/2003. AIA License Number 1015916, which expires on 5/6/2003. 4.6 The Owner shall furnish the services of consultants other than those designated in Paragraph 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION t% 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated -cost to the Owner of all elements of the Project designed or specified by the Architect, as stated" in" the aest �pirion of Proba'le 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. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 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 nCV 5.2.1 Evaluations of the Owner's Project budget, the preliminary �e -Opinion of fOp Rroliabie.e�estimates r0' Construction Cost and detailedinions'o# Prpbable 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 D1997 AIA® negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent AIA DOCUMENT B151-1997 that bids or negotiated prices will not vary from the Owner's Project budget or from any ABBREVIATED OWNER -ARCHITECT e timate pinion, of Probable Construction Cost or evaluation prepared or agreed to by the AGREEMENT Architect. The American Institute of Architects 1735 New York Avenue, N.W. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Washington, D.C. 20006-5292 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 © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: phaselbond.aia -- 2/17/2003. AIA License Number 1015916, which expires on 5/6/2003. 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 go 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. THIS DOCUMENT HAS IMPORTANT LEGAL 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is CONSEQUENCES. CONSULTATION WITH AN exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. 1 give written approval of an increase in such FixAUTHENTICATION OF THIS ELECTRONICALLYed limit; DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Paragraph 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Subparagraph 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 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, g including prompt payment of all sums when due, under this Agreement. The Architect shall.r 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 01997 AIA® reproductions of Instruments of Service and shall return to the Architect within seven days of AIA DOCUMENT B151-1997 termination all originals and reproductions in the Owner's possession or control. If and upon ABBREVIATED OWNER -ARCHITECT the date the Architect is adjudged in default of this Agreement, the foregoing license shall be AGREEMENT deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted The American Institute of Architects by law, to make changes, corrections or additions to the Instruments of Service solely for 1735 New York Avenue, N.W. purposes of completing, using and maintaining the Project. Washington, D.C. 20006-5292 0 Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute of Architects. Repro uction o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S, copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: phaselbond.aia -- 2/17/2003. AIA License Number 1015916, which expires on 5/6/2003. T47 6.3 Except for the licenses granted in Paragraph 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 Paragraph 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set 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. ARTICLE 7 DISPUTE RESOLUTION 7.1 MEDIATION V 7.1.1 Any claim, dispute or other matter in question arising out of or related to this O' Agreement shall -May be subject to mediation as -a eendifie py-eeedent-te arbi#ratiet3-or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 7.1.2 The Owner and Architect shall endeaver-temay resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 6o days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 7.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. '. LU 7-.24 Aff7` elaifa, dispute -of ether matter- 4n question arisin -out -of -of related -to -this - m1997 AIA® Agreement -&ha-be bjeet-te � Rrrer4e �'4he parties� „a'^^Y 4e -AIA DOCUMENT B 151-1997 resolve disputes by ,,.,,,1iati.„ : er-dance Ny t n., .,.,.,aph 7 ABBREVIATED OWNER -ARCHITECT AGREEMENT 74.2 Claims, disigutes -acid otheF matteB -in question between 4he parties -that -are met resalved-bymedimien ided-byarbitr-atien • unless he parties mutual agree_ The American Institute of Architects emac -be -ln aEeerdanee -with 4he r�,cvrxstruetion indust ArbitrationRules�� _ 1735 New York Avenue, N.W. American Ai-7bitratien Asseciatien eurfent 4n effect. demand for tmtion Washington, D.C. 20006-5292 in Mff}tin �A t 4he tithe -Fairy 4e 4h3$ -Agreement -a*d -wA 4he Amer—ican n,•1•�cv`raaiien - AsSe6iati9n. © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Repro uctwn o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S, copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: phaselbond.aia -- 2/17/2003. AIA License Number 1015916, which expires on 5/6R003. 7-.2-.3 A demand -for arbitration -be mace NMhin -a reasonable 4ifne -after #lie claim, - disigateCher-nratter4n questie arisen..-In-neevent sk ll #edemand-for—atie mad e-after4he-dates :„"+na�i4ucien-ef4egel-er equitable pr-ee -A= a based-oft-kEci Elaim,dispute or other matter- in questien would be bar -fed by the applieable statute of limitations. - 7-.2-.4 No arbitration arising -ot4 -of -or rele4ing -to 4h-is _ greeme,�,.,„+ -AiaI} include, * - Eansolidation joinder 4n-a-ry etheFmanner; anadditional persen -eptit-y- iet-a-party-te- " Agreement, „+_ eXEept-by Nffitte izensent-Eontaini3g-asspeEifiEreferenEe4o4h-is g-----en - and T -signed l�z 4he Ovaier- A v T -and -any etheF persen -or -entity sought -to -he joined. - Consentb'=•t0aibitration ifwalyingadditional persan-entitjx -FiAt eanstitutezaflseiA-te- -of -any Maim, ElLSpute -or other matter 1n qu s#ie -not desEribed in -the Nyfi ten - Eensent e 3-a person or entity net named or-desEr-ibed therein The foregoing agfeemen +, THIS DOCUMENT HAS IMPORTANT LEGAL arbitrate and other s to arbitrate wick an 3dditienal gr mod- CONSEQUENCES. CONSULTATION WITH AN agreements ..person-en#itj`-defy �,...��„ -#kis�app^�- ATTORNEY /S ENCOURAGED WITH RESPECT 1„ �„�4e��g>=eereent ��� ^„ ,..,-,,.. TO ITS COMPLETION OR MODIFICATION. �.�ceurt having jurtsdietienkereef. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE 7-.2-.5 The award ender-e"*4he arbitr-ate f fb ter' � judgment— - BY U51NG AIA DOCUMENT D401. 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.3 If the Project is suspended or the Architect's services are suspended for more than go consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. 8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms 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. © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: phaselbond.aia -- 2/17/2003. AIA License Number 1015916, which expires on 5/6/2003. 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 12 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 P then due and all Termination Expenses as defined in Paragraph 8.7,. 84 Termination uses -are 4n addition -to compensation -for -die s _ -o 4he - Agreement and include eXpensesdireEtai3 lyi�le e efminat-ien fey h the nhi vteet4s- '�thenyz'c�_,1 '�i s-ainount fA) the n 7 •.eet'.�pa{ed-FFe& value - ARTICLE 9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A2oi, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 9.6 This Agreement represents the entire and integrated agreement between the Ownermv_� 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. 01997 AIA® 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a AIA DOCUMENT B151-1997 cause of action in favor of a third party against either the Owner or Architect. ABBREVIATED OWNER -ARCHITECT AGREEMENT 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or The American Institute of Architects disposal of or exposure of persons to hazardous materials or toxic substances in any form at the 1735 New York Avenue, N.W. Project site. Washington, D.C. 20006-5292 © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Repro uction o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: phaselbond.aia -- 2/17/2003. AIA License Number 1015916, which expires on 5/6/2003. 13 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 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: V�IW ` .1 transpertation-i-n Mien t -authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 for. bidding purpbsies,threproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; / 4 expo -of evtee wer1E requiring� regular rates 4 authorized 4r �VS/" advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; .8 other similar direct Project -related expenditures. 01997 AIA® 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES AIA DOCUMENT B151-1997ABBREVIATED OWNER -ARCHITECT 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this AGREEMENT Agreement. The American Institute of Architects 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, 1735 New York Avenue, N.W. shall be in proportion to services performed within each phase of service, on the basis set forth Washington, D.C. 20006-5292 in Subparagraph 11.2.2. 0 Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute of Architects. Reproduction o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: phaselbond.aia -- 2/17/2003. AIA License Number 1015916, which expires on 5/62003. 14 10.3.3 If and to the extent that the time initially established in Subparagraph 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 Subparagraph 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 Subparagraph 11.2.2, based on (i) 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. THIS DOCUMENT HAS IMPORTANT LEGAL 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES CONSEQUENCES. CONSULTATION WITH AN Payments on account of the Architect's Additional Services and for Reimbursable Expenses ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. shall be made monthly upon presentation of the Architect's statement of services rendered or AUTHENTICATION OF THIS ELECTRONICALLY expenses incurred. DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 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. 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 An Initial Payment of Zero Dollars ($ -6- ) 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 ofcompensaton apply, ifnecessary) Ae Lump sum of $22;50b 0 for asic lands'ape' arcflifectOraI)engineering services fb'r, '— scdpe of services defined in Exhibt 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 '.A;; the total Basic Compensation payable: (Insert additional phases as appropriate.) 01997 AIA® Schematic Design Phase: twenty percent ( 20 %) AIA DOCUMENT B151-1997 Design Development Phase: twenty-five percent ( 25 %) ABBREVIATED OWNER -ARCHITECT AGREEMENT Construction Documents Phase: thirty percent ( 30 %) Bidding or Negotiation Phase: five percent ( 5 %) The American Institute of Architects Construction Phase: twenty percent ( 20 %) 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Total Basic Compensation: one hundred percent (t00%) © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: phaselbond.aia -- 2/17/2003. AIA License Number 1015916, which expires on 5/6/2003. 15 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2, compensation shall be computed as follows: To be a'rrlLitual{y negotiated sure attached #o a defned xcope-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 Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct personnel Expense for Principals and employees, and identify Principals and classify employees, W required. Identify specific services to which particular methods ofcompensatton apply, ifnecessary.) 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 Subparagraph 3.4- 9 or identified in Article 12 as part of Additional Services, a multiple of (1;15 ) times the amounts billed to the Architect for such services. (Identifyspecific types ofconsultants in Article72, ifrequired.) 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of (1.1'S ) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 If the Bast -Services covered by this Agreement have not been completed within eight ( 8 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs > 0.3.3 and 11.3.2. 11.5.2 Payments are due and payable (3O ) days from the date of the Architect's invoice. Amounts unpaid ( 31 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate ofinterest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this pro vision. 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 thepayment and compensation terms includedin this Agreement.) 12.1 Exhibit A - Scope of Services`' specific ally describes services to be pefforimed 12.2 Exhibit B'-'PSC Standard Hourly'Rate Schedule., © Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: phaselbond.aia -- 2117/2003. AIA License Number 1015916, which expires on 5/6/2003. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 01997 AIAO AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 TI f2 3 Shl�?It S,r ,Project ScFiedule This Agreement entered into as of the day and year first written above. OIL b O NER Sig afore) ARCHIT T J "fat erson dry K Senit�r Cpuncll.Member trm rir ii (Printed name and title) (Printed name an A#'Es Rel�eceaarz�;� Secretary Approved asToorm l�jnda L "Char7ia�es:, 8,uperrllsirl 4-torn0 �• J ZIA Signature) THIS DOCUMENT HAS IMPORTANT LEGAL S;>A CONSEQUENCES. CONSULTATION WITHAN jf ATTORNEY IS ENCOURAGED WITH RESPECT i title) ;0 ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. ©1997 AIA© AIA DOCUMENT BISI-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 9 Copyright 1974, 1978, 1977, 1987, ® 1997 by The American Institute ot Architects. Reproduction o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution, WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: phaselbond.aia -- 2/17/2003. AIA License Number 1015916, which expires on 5i6i2003. 17 .! n-luil Phase One, Bond Issue One of the Project in "Overton Park" City of Lubbock Exhibit A February 17, 2003 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 Dinerstein Group for student housing bounded by 8`h Street, Avenue V, Avenue W and Main 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, and plant materials. Additional design elements would be considered an addition to the scope of services. Vehicular, general and pedestrian street lighting is NOT a part of this scope and is to be performed by others. Parkhill, Smith & Cooper, Inc. (PSC) understands that current estimated available city funds for this project (excluding lighting) is $300,000 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 $300,000 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 $300,000 cost. Significant increase in budget that is approved the Owner for this contract shall mean an increase of 10% or more from the current $300,000 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 civil engineering services for this project. The scope of services will include: Along Avenue V and Avenue W: 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 Along 8'b Street: Irrigation design and turf Along Main Street: Selection and layout of benches and trash receptacles. Irrigation design Selection and layout of plant materials As a part of this project PSC will: ■ Coordinate and integrate to the extent that this project schedule allows with the Overton Park Streetscape MasterPlan Guidelines being concurrently developed under separate contract with Humphreys & Partners. 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 Parkhill, Smith & Cooper, Inc. Engineers ■ Architects ■ Planners 4222 85th Street, Lubbock, Texas 79423 (806) 473-2200 FAX (806) 473-3500 Lubbock El Paso Midland Amarillo Odessa 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 Punished 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 once a week during construction to observe construction activity and progress with a maximum of 12 visits. 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 list and revise once. Additional site visits and revisions to the punch list will be made as an additional service on an hourly basis. Third Party Coordination Tasks to be performed by PSC as an additional service: Utility Coordination: 1. Identify current location of water, sewer, gas, electrical, cable and telephone from the existing and proposed curb and to what depth the lines are buried in or near the location of this project and only to the extent required for the design of this project. 2. Determine which of the listed utilities in item 1 above will ultimately change location and what the new location and depth will be. 3. Identify who will be responsible for relocating the utilities and what their configuration will be. 4. Establish a detailed schedule for who will be relocating which utilities and when. 5. Investigation of utility information described above is based on attendance at a maximum of 3 meetings. 6. Attend up to 3 monthly oversight meetings with the City, representatives of the McDougal Development team and various utility company representatives. Adjacent Property Owner (Dinerstein Inc.) Coordination 1. To the extent possible given this project's schedule coordinate landscape efforts between the Dinerstein private property and the abutting right of way for aesthetic and maintenance considerations with attendance by PSC at a maximum of 1 meeting. Proposed Street/Curb Reconstruction Coordination 1. Monitor proposed Ave V and W project being designed by others (Hugo Reed) 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 construction changes of the Ave V and W project that are discovered to impact this project. 3. Coordinate potential survey requirements for additional information from proposed Ave V and W construction. Additional Coordination Information to be supplied to PSC by the City of Lubbock regarding the 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 and street lighting. 2. Establish location and configuration of pedestrian and street lighting bases for inclusion in hardscape plan. 3. Incorporate proposed poles and fixtures location and height for coordination with final planting schemes. 4. Coordinate construction sequencing for landscape/hardscape implementation with required street and pedestrian lighting implementation. END r-%J 111311 IS PARKEIELL, SMITH & COOPER, INC. HOURLY RATE SCHEDULE CURRENT THROUGH DECEMBER 31, 2003 PROFESSIONAL LEVEL VII .............................................................139.00 Engineer VII Architect VIII Landscape Architect VIII PROFESSIONAL LEVEL VI..............................................................114.00 Engineer VI Architect VII Landscape Architect VII PROFESSIONAL LEVEL V................................................................ 98.00 Engineer V Architect VI Landscape Architect VI PROFESSIONAL LEVEL IV............................................................... 85.00 Engineer IV Architect V Landscape Architect V PROFESSIONAL LEVEL III ............................................................... 76.00 Engineer III Architect IV Interior Designer V Engineering Technologist IV Resident Project Representative IV Landscape Architect IV PROFESSIONAL LEVEL II................................................................ 68.00 Engineer UII Architect III Interior Designer IV Engineering Technologist III Resident Project Representative ID Landscape Architect III PROFESSIONAL LEVEL I................................................................. 64.00 Intern (Architect) UII Interior Designer ID Intern (Interiors) II Engineering Technologist UII Resident Project Representative I/II CADD Manager V SUPPORTSTAFF III ........................................................................ 61.00 Engineering Technician III/IV CADD IV Administrative Secretary III SUPPORTSTAFF II......................................................................... 51.00 Accounting Clerk CADD Clerical Engineering Technician UII Administrative Secretary I / II SUPPORT STAFF I.......................................................................... 31.00 Accounting Clerk Trainee CADD Trainee Clerical Trainee The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2003 through December 31, 2003. After December 31, 2003, invoices will reflect the Schedule of Charges currently in effect. EXHIBIT C Phase One, Bond Issue One of the Project Plan in "Overton Park" City of Lubbock Proposed Project Schedule Submitted: February 17, 2003 Feb 27 — PSC contract approved by Council March 6 — Signed Contract to PSC April 24 — Plans Completed April 24 — Notice to Advertise placed in newspaper April 27 — Advertise and again on May 4 May 15 - Accept Bids May 22— Contractor Contract approved by Council May 29 — NTP Aug 1 — Contractor completes (2 months) Note: Plant materials, irrigation, and hardscaping should be able to be completed within this time frame. Note: 1. Changes to the above schedule may become necessary due to changes in scope or other circumstances beyond the A/E's control. 2. The project schedule above is predicated on timely responses and decisions from all parties associated with the project including but not limited to: The City of Lubbock Lubbock Power and Light and Water Humprheys and Partners (Design Guidelines and Standards for Overton Park) The Current Ave V. and Ave. W Street Reconstruction Project by Hugo Reed and Associates Any deviation or unreasonable delay in responses or decisions by these and other involved parties may delay the schedule as stated above. Parkhill, Smith & Cooper, Inc. Engineers ■ Architects ■ Planners 4222 85th Street, Lubbock, Texas 79423 (806) 473-2200 FAX (806) 473-3500 Lubbock ElPaso Midland Amarillo Odessa