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Home My WebLink AboutResolution - 2003-R0200 - Contract For A_E Services For Samuel W. Wahl Recreational Area Improvements - 05_22_2003Resolution No. 2003-RO200 May 22, 2003 Item No. 63 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for A/E services for Samuel W. Wahl Recreational Area improvements, by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 22nd ATTEST: (Q J"P� —< e-A 3:�� Rebecca Garza, City Secretary�— APPROVED AS TO CONTENT: Victor Kilman, urchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs:ccdocs/AE Servs-Sam Wahl.res May 9, 2003 day of Resolution No. 2003—RO200 May 22, 2003; Item No. 63 1997 Edition - Electronic Format AIA Document B151 - 1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the 7th day of May in the year 2003 (In words, rodicate da); month and year) THIS DOCUMENT HAS IMPORTANT LEGAL BETWEEN the Architect's client identified as the Owner: CONSEQUENCES. CONSULTATION WITHANed ATTORNEY IS ENCOURAGED WITH RESPECT (Name, address and otherinformation) TO ITS City of Lubbock AUTHENTICATION OF PLETION OR HIS ELECTRONICALLY Box 2000 DRAFTED AIA DOCUMENT MAY BE MADE Lubbock, TX 79457 BY USING AIA DOCUMENT D401. and the Architect: (Name, address and other information) Parkhill, Smith & Cooper, Inc. (PSC) 4222 85th Street Lubbock, TX 79423 For the following Project: (Include detailed description of] roject) Infrastructure and recreational improvements Samual W. Wahl Recreational Area at Lake Alan Henry 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 M�_ required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. , 1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. 01997 AIA® 1.4 The services covered by this Agreement are subject to the time limitations contained AIA DOCUMENT B151-1997 in Subparagraph 11.5.1. ABBREVIATED OWNER -ARCHITECT AGREEMENT ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION The American Institute of Architects 1735 New York Avenue, N.W. The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any Washington, D.C. 20006-5292 other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. Copyright 1974, 1978, 1977, 1987, Q 1997 by The American Institute ot 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. User Document: sww-recreation.aia -- 5/7/2003. AIA License Number 1015916, which expires on 4/30/2004. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program .furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. �C '- 2.2.5 The Architect shall submit to the Owner a preliminary owe Opinion of Probable of 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. VW2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate Opinion of Probable of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D40I. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. ,J �,/ 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary •- 's. +�':tif estimates -of Opinion of Probable Construction Cost indicated by changes in requirements or general market conditions. 07997 AIA® 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility P Y for AIA DOCUMENT 615 ABBREVIATED OWNER -ARCHITECT filing documents required for the approval of governmental authorities having jurisdiction over AGREEMENT the Project. The American Institute of Architects &h.5 BIDDING OR NEGOTIATION PHASE 1735 New York Avenue, N.W. The Architect, following the Owner's approval of the Construction Documents and of the latest Washington, D.C. 20006-5292 preliminaryemate-of Opinion of Probable Construction Cost, shall assist the Owner in Copyright 1974, 1978, 1977, 1987, m 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. User Document: sww-recreation.aia -- 5M2003. AIA License Number 1015916, which expires on 4/30/2004. obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE —ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment, OF 6o days after the date of Substantial Completion of the Work, 60 days after occupancy or 60 days after 1 st punch list issued by Architect/Engineer. 2.6.2 The Architect shall provide administration of the Contract for Construction as set TH15 DOCUMENT HAS IMPORTANT LEGAL forth below and in the edition of AIA Document AM, General Conditions of the Contract for CONSEQUENCES. CONSULTATION WITHAN Construction, current as of the date of this Agreement, unless otherwise provided in this ATTORNEY IS ENCOURAGED WITH RESPECT Agreement. Modifications made to the General Conditions, when adopted as part of the TO ITS COMPLETION OR MODIFICATION. Contract Documents, shall be enforceable under this Agreement only to the extent that they are AUTHENTICATION OF THIS ELECTRONICALLY consistent with this Agreement or approved in writing by the Architect. DRAFTED AIA DOCUMENT MAY BE MADE BY USING ALA DOCUMENT D401. 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. fv 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate 4e4-ke-stage -fie actors eperatieas -oF-,as of henvise-agFeedky-theOwner- a the rehiteet-iii le-r, mutually agreed between Owner and Architect and as listed in the attached Exhibit A describing Scope of Services (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. The American Institute of Architects The Architect shall at all times have access to the Work wherever it is in preparation 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 or progress. 2.6.7 Copyright 1971977,4, 1978, 1987, (b 1997 by The American Institute ot 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. User Document: sww-recreation.aia -- 51712003. AIA License Number 1015916, which expires on 4/30/2004. 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT 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 certificates in such amounts. 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has THIS DOCUMENT HAS IMPORTANT LEGAL progressed to the point indicated and that, to the best of the Architect's knowledge, CONSEQUENCES. CONSULTATION WITHAN information and belief, the quality of the Work is in accordance with the Contract Documents. ATTORNEY IS ENCOURAGED WITH RESPECT The foregoing representations are subject (1) to an evaluation of the Work for conformance TO ITS COMPLETION OR MODIFICATION. with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests AUTHENTICATION OF THIS ELECTRONICALLY and inspections, (3) to correction of minor deviations from the Contract Documents prior to DRAFTED AIA DOCUMENT MAY BE MADE completion, and (4) to specific qualifications expressed by the Architect. BY USING AIA DOCUMENT D401. 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (i) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. "-/2.6.10 The Architect shall have auther-ity4e-Fejeet notify and make recommendations to V the Owner concerning Work that does not conform to the Contract Documents. `er- the Afehiteet eensidef 4-neeessa -of advisable, -#The Architect shall hiwe authority recommend to the Owner when the Architect considers it necessary to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the ■L limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the i purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract 01997 AIA® AIA DOCUMENT B151-1997 Documents. The Architect's review shall not constitute approval of safety precautions or, unless ABBREVIATED OWNER -ARCHITECT otherwise specifically stated by the Architect, of any construction means, methods, techniques, AGREEMENT 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. The American Institute of Architects 1735 New York Avenue, N.W. 2.6.12 If professional design services or certifications by a design professional related to Washington, D.C. 20006-5292 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 Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute ot 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. User Document: sww-recreation.aia -- 517/2003. AIA License Number 1015916, which expires on 4/30/2004. certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. 2.6.14 The Architect shall eexdu#-inspeEtions by visual observations to determine the THIS DOCUMENT HAS IMPORTANT LEGAL �v date or dates of Substantial Completion and the date of final completion, shall receive from the CONSEQUENCES. CONSULTATION WITH AN Contractor and forward to the Owner, for the Owner's review and records, written warranties ATTORNEY 15 ENCOURAGED WITH RESPECT and related documents required by the Contract Documents and assembled by the Contractor, TO ITS COMPLETION T MODIFICATION. and shall issue a final Certificate for Payment based upon a final a observation AUTHENTICATION OF THIS ELECTRONICALLY y P � DRAFTED AIA DOCUMENT MAY BE MADE indicating the Work complies with the requirements of the Contract Documents. BY USING AIA DOCUMENT D407. 2.6.15 The Architect shall interpret and decide matters and make recommendations to 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 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 33 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 0 Copyright 1974, 1978, 1977, 1987, (D 1997 by The American Institute ot 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. User Document: sww-recreation.aia -- 51712003. AIA License Number 1015916, which expires on 4/30/2004. 01997 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 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 the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in drawings, specifications or other documents when such revisions are: 1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 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. 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 D407. 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other t, cause during construction, and furnishing services required in connection with the replacement ;�- - - - ' of such Work. ■� 3.3.6 Providing services made necessary by the default of the Contractor, by major defects 01997 AIA® or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner AIA DOCUMENT B151-1997 or Contractor under the Contract for Construction. ABBREVIATED OWNER -ARCHITECT AGREEMENT 3.3.7 Providing services in evaluating an extensive number of claims submitted by the The American Institute of Architects Contractor or others in connection with the Work. 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 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. © Copyright 1974, 1978, 1977,9 y The American Institute ot Architects. epro 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. User Document: sww-recreation.aia -- 517/2003. AIA License Number 1015916, which expires on 4/30/2004. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. `e 3.4.10 Providing detailed ease Opinions of Probable Construction Cost. V_ 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 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. 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the 01997 AIA® Work made during construction based on marked -up prints, drawings and other data furnished AIA DOCUMENT B151-1997 by the Contractor to the Architect. ABBREVIATED OWNER -ARCHITECT AGREEMENT 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, The American Institute of Architects adjusting and balancing, preparation of operation and maintenance manuals, training 1735 New York Avenue, N.W. personnel for operation and maintenance, and consultation during operation. Washington, D.C. 20006-5292 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, the earlier of the following; more than 6o Copyright 1974, 1978, 1977, 1987, 0 1997y The American Institute ot Architects. epro uctlon 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. User Document: sww-recreation.aia -- 5/7/2003. AIA License Number 1015916, which expires on 4/30/2004. days after the date of Substantial Completion of the Work, 60 days after occupancy or 60 days after 1 st punch list issued by Arch itect/Engineer.. 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the THIS DOCUMENT HAS IMPORTANT LEGAL Owner's objectives, schedule, constraints and criteria, including space requirements and CONSEQUENCES. CONSULTATION WITHAN relationships, flexibility, expandability, special equipment, systems and site requirements. The ATTORNEY 15 ENCOURAGED WITH RESPECT Owner shall furnish to the Architect, within 15 days after receipt of a written request, TO ITS COMPLETION OR MODIFICATION. information necessary and relevant for the Architect to evaluate, give notice of or enforce lien AUTHENTICATION OF THIS ELECTRONICALLY rights. DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, >— ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. 4.6 The Owner shall furnish the services of consultants other than those designated in Paragraph 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. 01997 AIA® 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and AIA DOCUMENT B151-1997 water pollution; tests for hazardous materials; and other laboratory and environmental tests, ABBREVIATED OWNER -ARCHITECT inspections and reports required by law or the Contract Documents. AGREEMENT 4.8 The Owner shall furnish all legal, accounting and insurance services that may be The American Institute of Architects necessary at any time for the Project to meet the Owner's needs and interests. Such services 1735 New York Avenue, N.W. shall include auditing services the Owner may require to verify the Contractor's Applications Washington, D.C. 20006-5292 for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. Copyright 1974, 1978, 1977, 1987, m 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. User Document: sww-recreation.aia -- 5/7/2003. AIA License Number 1015916, which expires on 4/30/2004. 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 1kS.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not THIS DOCUMENT HAS IMPORTANT LEGAL completed, the era cost to the Owner of all elements of the Project designed or specified CONSEQUENCES. CONSULTATION WITH AN by the Architect as stated in the latest Opinion of Probable Cost.. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and AUTHENTICATION OF THIS ELECTRONICALLY materials furnished by the Owner and equipment designed, specified, selected or specially DRAFTED AIA DOCUMENT MAY BE MADE provided for by the Architect, including the costs of management or supervision of BY USING AIA DOCUMENT D401. construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -of -way and financing or other costs that are the responsibility of the Owner as provided in Article 4. P 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate-ef Opinion of Probable Construction Cost and detailed e«e —of Opinion of Probable Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate Opinion of Probable Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this I_ Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding 0 10 and price escalation, to determine what materials, equipment, component systems and types of ff �,; 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 01997 AIA® increased in the amount of an increase in the Contract Sum occurring after execution of the AIA DOCUMENT B151-1997 Contract for Construction. ABBREVIATED OWNER -ARCHITECT AGREEMENT 5.2.3 If the Bidding or Negotiation Phase has not commenced within go days after the The American Institute of Architects Architect submits the Construction Documents to the Owner, any Project budget or fixed limit 1735 New York Avenue, N.W. of Construction Cost shall be adjusted to reflect changes in the general level of prices in the Washington, D.C. 20006-5292 construction industry. © Copyright 1974, 1978, 1977, 1997, 0 1997 by The American Institute ot Architects. epro 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. User Document: sww-recreation.aia -- 5/7/2003. AIA License Number 1015916, which expires on 4/30/2004. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: 1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Paragraph 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. THIS DOCUMENT HAS IMPORTANT LEGAL 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without CONSEQUENCES. CONSULTATION WITH AN additional compensation, shall modify the documents for which the Architect is responsible ATTORNEY IS ENCOURAGED WITH RESPECT under this Agreement as necessary to comply with the fixed limit, if established as a condition TO ITS COMPLETION OR MODIFICATION. of this Agreement. The modification of such documents without cost to the Owner shall be the AUTHENTICATION OF THIS ELECTRONICALLY limit of the Architect's responsibility under this Subparagraph 5.2.5. The Architect shall be DRAFTED AIA DOCUMENT MAY BE MADE entitled to compensation in accordance with this Agreement for all services performed whether BY USING AIA DOCUMENT D401. or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. ON 6.3 Except for the licenses granted in Paragraph 6.2, no other license or right shall be , A 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 01997 AIAO reproduce applicable portions of the Instruments of Service appropriate to and for use in their AIA DOCUMENT BISI-1997 execution of the Work by license granted in Paragraph 6.2. Submission or distribution of ABBREVIATED OWNER -ARCHITECT Instruments of Service to meet official regulatory requirements or for similar purposes in AGREEMENT 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 The American Institute of Architects of Service for future additions or alterations to this Project or for other projects, unless the 1735 New York Avenue, N.W. Owner obtains the prior written agreement of the Architect and the Architect's consultants. Washington, D.C. 20006-5292 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. © Copyright 1974, 1978,9 8, 0 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. User Document: sww-recreation.aia -- 517/2003. AIA License Number 1015916, which expires on 4/30/2004. IN 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 Agreement shall may be subject to mediation as -a rcendifienpreEejerit4eaFbitratien 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 may endeavor to 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. 7_2 ARBITRATION 2-.24 Any claimer dispute -or ether utter -in questio arisin -out -of -er related 4e -this - Agr-eerrient —,hall -be sub jeet 4e arbitratien. P Fier 4e arbitratioh; -the parties —,hall endeaver 4e - resolve -disputes by mediation in acEer-dance with Paragraph 7.i. 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 MAYBE MADE BY USING AIA DOCUMENT D401. 7.2.2 Claims, -d-isputes -aed -ether frmeters -in �question -between 4he -patties -that are -net - reselved-by mediation ll be decided* afbitratiel3 which, unless the -parties mutually agree- etherwise, shall -be -in acEerRar ce -with 4he GORAFUE66tt lrtdustry Arbitration Roles -of 4he - Ameriean Ar-bi4ratien A%06atierl euFretttly in eft eke dernanditratien shall be €led - in Nffitin -with 4he ether -party 4e -this Agreement _. ent -and -with 4he AimeriET Arbitration - Asseeiatien. 7.2.3 A demand der-arbitratien —,Ball -be-made within -a -reaser rile4ime -after -the elaim, - dispute er ether matter -in question l}as ariseri.-in-rieevendemander arbitration�e •. •� made -after 4he -date when institution-ef-legal-erequitable proceedings used-enslwh Elainr,- dispute or- ether matter in question Nveuld be barred by the applieable 6tatute of limitations. 01997 AIA® 7. 4 No ar-bi#ratien-arlsin -eut -ef -of -elating 4o -this Agree ment inelude, -AIA DOCUMENT BISI-1997 eenselidatien er joinder er-in-arty ether manner;,an additional personer_en#ity.net_fi pa#y e_ ABBREVIATED OWNER -ARCHITECT this Agreement, written eenserit eentaining-a speEifier-efereriee4e4his no., _..,,,..,-AGREEMENT and -signed 1.,T, 4he 9wnC� n ..� ash iiccT -and -arty othe-per-so -of -entity sought 4e ,-be je}ned - �The American Institute of Architects Gerisent4o arbitration involving}persen -e*ity—,hall-not r;o 1735 New York Avenue, N.W. arbitration -of -any elairn,, dispute -of other Matter in question -net deseribed -in 4he Nzitten - consent or- Nvith a persen of entity not named or deseribed therein. The fe - . - -- I _- Washington, D.C. 20006-5292 arbiIrate and ethergreements e arbitrateadditional -of-extity-duly eenserited- © Copyright 1974, 1978, 1977, 1987, 0 1997y The American Institute ot Arc Itects. 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. User Document: sww-recreation.aia -- 517/2003. AIA License Number 1015916, which expires on 4/30/2004. 11 4e ley -pasties to tl}is��greemerrt all�e e�y enforce-iff applicable - law in aff eeu# having jUFisdiEtief thereef. 7c.5 The away- rendered-Iy44iear-bitfate-ar-hitraters-ffia�-aF-jadgme-filay- Le enter-ed upen it ; aeeerdanee Ns th „ pliable -ab a 1..,., in , •,a 1,,,..i"g j, ri s_;rtion the: „F_- upi . aaa� 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. 1,4k) 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all T,,....;natian Expenses as defined in Paragraph 8 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. 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. 8� Te atie Expenses -are -in additien 4e ensation � =4i 4he seF _r -of e - Agreemen# and -include expenses a:_ t1. attr-;4., tabl 4e tiers NvhiehAxchiiect is —1... — - ..............a C,... 41-- A__L:a,.,..at....... a:,.:..... _A ........C.a 4L,.....1..,. ®1997 AIAO AIA DOCUMENT B151-1997 ABBREVIATED OWNER -ARCHITECT AGREEMENT - ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement shall be governed by the law of the principal place of business of the The American Institute of Architects Architect, unless otherwise provided in Article 12. 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Copyright 1974, 1978,9 B, y The American Institute of Architects. Repro uctlon 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. User Document: sww-recreation.aia -- 5/7/2003. AIA License Number 1015916, which expires on 4/30/2004. 12 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A2oi, General Conditions of the Contract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 9.4 To the extent damages are covered by property insurance during construction, the THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQOwner and Architect waive all rights against each other and against the contractors, ATTORNUENCENCOURS. CONSULED WITIOTH RESPECT consultants, agents and employees of the other for damages, except such rights as they may ATTORNEY IS ENCOURAGED WITH RESPECT have to the proceeds of such insurance as set forth in the edition of AIA Document A2oi, T TOITSCOMPLETION MODIFICATION. P AUTHENTICATION OF THIS ELECTRONICALLY General Conditions of the Contract for Construction, current as of the date of this Agreement. DRAFTED AIA DOCUMENT MAY BE MADE The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents BY USING AIA DOCUMENT MI. 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 Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The w�- Architect shall be given reasonable access to the completed Project to make such'+#ti; 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 01997 AIA® shall provide professional credit for the Architect in the Owner's promotional materials for the AIA DOCUMENT 815E-1997 ABBREVIATED OWNER -ARCHITECT Project. AGREEMENT 9.10 If the Owner requests the Architect to execute certificates, the proposed language of The American Institute of Architects such certificates shall be submitted to the Architect for review at least 14 days prior to the 1735 New York Avenue, N.W. requested dates of execution. The Architect shall not be required to execute certificates that Washington, D.C. 20006-5292 would require knowledge, services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT Copyright 1974, 1971987,8, 1977, 0 1997 by The American Institute of Architects. epro 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. User Document: sww-recreation.aia -- 517/2003. AIA License Number 1015916, which expires on 4/30/2004. 13 10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and THIS DOCUMENT HAS IMPORTANT LEGAL subsistence, and electronic communications; CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT .2 fees paid for securing approval of authorities having jurisdiction over the Project; TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY .3 reproductions, plots, standard form documents, postage, handling and delivery of DRAFTED AIA DOCUMENT MAYBE MADE Instruments of Service; BY USING AIA DOCUMENT D401. 4 expense -of eveFtifneNaerk r-equir-ing 4righeF regular mates 4 aut1}er-ized 4n- advanee by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; 7 reimbursable expenses as designated in Article 12; .8 other similar direct Project -related expenditures. 9 Consultant hours for travel and meetings associated with this project and as described in Exhibit A. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph ii.i is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this ;�. f 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. 01997 AIA® AIA DOCUMENT BISI-1997 10.3.4 When compensation is based on a percentage of Construction Cost and any portions ABBREVIATED OWNER -ARCHITECT of the Project are deleted or otherwise not constructed, compensation for those portions of the AGREEMENT 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 (1) the lowest bona fide bid or The American Institute of Architects negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary 1735 New York Avenue, N.W. estimate of Construction Cost or detailed estimate of Construction Cost for such portions of Washington, D.C. 20006-5292 the Project. © 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. User Document: sww-recreation.aia -- 5/7/2003. AIA License Number 1015916, which expires on 4/30/2004. 14 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 10.5 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. eRTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 An Initial Payment of 0.00 Dollars (s 0.00 ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 For Basic Services, as described iR Ai4i4e-��,_Hfd-aff ether services inEluded-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 panicular methods ofcompensadon apply, ifnecessary.) Lump Sum Fees of $149,967 plus $33,500 maximum of reimbursable expenses for the Phase I Services described in Exhibit A. I I :) 2 Where reampensation4sbased -on -a stipulated sum -ef-pereeRfte-of GenstmEtien- Sehe,..atiE Design Phase.: - pement( %) ri sign Deyel,.....,en 12hase.t - per-Eent ( ',,6°j ) u:,7difi. ,» Negotiation Phase--. - perEent( ,o) one hundRd percent (iee%) "VP11.3 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: Hourly basis using Standard Hourly Rates (Exhibit Ei) or mutually agreed negotiated sum attached to a defined scope of services. 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in 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, ifrequired. Identify specific services to which particular methods ofcompensation apply, ifnecessary.) Hourly basis using Standard Hourly Rates (Exhibit B) or mutually agreed negotiated © Copynght 1974, 1978, 1977, 1987, Q 1997 by The American Institute ot Architects. Re prod uctlon 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. User Document: sww-recreation.aia -- 517/2003. AIA License Number 1015916, which expires on 4/30/2004. 15 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. 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 sum attached to a defined scope of services. 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 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 Article 12, 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 ( 1.15 ) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. THIS DOCUMENT HAS IMPORTANT LEGAL 11.5 ADDITIONAL PROVISIONS CONSEQUENCES. CONSULTATION WITHAN 11.5.1 If the Basic Services described in Exhibit A covered by this Agreement have not ENCOURAGED OR MD WITH RESPECT ATTORNEYITSCOMPLETION TO ITS COMPLETION OR MODIFICATION. been completed within nine ( 9 ) months of the date hereof, through no fault of the Architect, AUTHENTICATION OF THIS ELECTRONICALLY extension of the Architect's services beyond that time shall be compensated as provided in DRAFTED AIA DOCUMENT MAY BE MADE Subparagraphs 10.3.3 and 11.3.2. BY USING AIA DOCUMENT D401. 11.5.2 Payments are due and payable thirty ( 30 ) days from the date 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. (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 provision. Specific legal ad vice 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 each �� January 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 w7thm Basic Compensation and modifications to the pavment and compensation terms included m this Agreement.) Exhibit A - Detailed Scope of Services Exhibit B - PSC Standard Hourly Rate Schedule 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 © Copyright 1974,1978, 1977, 1987, 0 1997 by The American Institute ot Architects. Re prod uctlon 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. User Document: sww-recreation.aia -- 517/2003. AIA License Number 1015916, which expires on 4/30/2004. 16 year first written above. Marc McDougal, MAYOR (Printed name and title) ATTEST: Rebecca Garza, City Secre ary APPROVED AS TO CO i� U 9 ARC ITE Signature) Mary K. Crites, AIA Firm Principal (Printed name and title) Randy Truesdell, Community Services Director APPROVED AS TO FORM: William D. de Haas, Contract Manager/Attorney THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 01997 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 O Copyright 1974, 1978,1987, (D 1997 by The American Institute ot 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. User Document: sww-recreation.aia -- 5/7/2003. AIA License Number 1015916, which expires on 4/30/2004. 17 Resolution No. 2003—RO200 Exhibit A (Revised) SCOPE OF WORK FOR FACILITIES, CAMPGROUNDS, PARKING LOT EXPANSION AND WASTEWATER DUMP STATION AT SAMUEL W. WAHL RECREATIONAL AREA LAKE ALAN HENRY, GARZA COUNTY, TEXAS April 17, 2003 Revised May 5, 2003 (Major Text Revisions Are Noted In Bold, Italicized Text) PROJECT DESCRIPTION Parkhill, Smith & Cooper, Inc. and its team members (PSC Team) will provide professional services for the City of Lubbock (City) by preparing market analyses for a new marina and day use lodge, design guidelines for all future development, and a development plan for facilities and infrastructure and for the Samuel W. Wahl Recreation Area at Lake Alan Henry. This scope of services has been developed from the original response by PSC Team, dated December 5, 2003, to the City's request for qualifications for Architectural and Engineering Services for Facilities, Campgrounds, Parking Lot Expansion and Wastewater Dump Station at the Samuel W. Wahl Recreational Area, Lake Alan Henry (RFQ #244-02DC), subsequent discussions, and PSC's previous proposal dated April 17, 2003. The scope of services has been further defined through discussions involving City staff and PSC Team. PSC Team includes the professional services of Bucher, Willis & Ratliff Inc. for market analyses and recreational programming and Prewitt and Associates Inc. for cultural resource planning, interpretation and mitigation. The attached spreadsheet (3 pages) provides tasking for each component described in Phase 1 and corresponding anticipated hours/effort to accomplish. PSC has segregated the travel and meeting hours as well as expenses associated with our consultants and these are listed as reimbursable expenses. The City developed a preliminary scope for the proposed project. Based on discussion generated from PSC's initial fee proposal between PSC and the City the scope has been revised as follows: 1. Design Guidelines 2. Site Analysis Samuel W. Wahl Fee Proposal i of 11 3. Master Plan Analysis 4. Schematic Design of an Entry Building (Moved to Phase II as of May 5, 2003 revision. Not included in Phase I fee.) 5. Design Review of existing plans for fishing piers, a swimming platform, a flush toilet facility, a floating intake, a septic tank, trails, a trailhead and a scuba -dive platform (Moved to Phase II as of May 5, 2003 revision. Not included in Phase I fee.) 6. ADA Accessibility Analysis and Compliance Plan (Moved to Phase II as of May 5, 2003 revision. Not included in Phase I fee.) 7. Traffic Flow Analysis (Traffic counts to be performed by the City and supplied to PSC for analysis as of May 5, 2003 revision) 8. Campground Facility Design (Moved to Phase II as of May 5, 2003 revision. Not included in Phase I fee.) 9. Parking Lot Expansion Design (Moved to Phase II as of May 5, 2003 revision. Not included in Phase I fee.) 10. Electrical Distribution for Campsites (Moved to Phase II as of May 5, 2003 revision. Not included in Phase I fee.) 11. Wastewater Dump Station (Moved to Phase II as of May 5, 2003 revision. Not included in Phase I fee.) 12. Lodge Market Analysis 13. Marina Market Analysis . 14. Preliminary Marina Design (Moved to Phase II as of May 5, 2003 revision. Not included in Phase I fee.) 15. Documentation of Completed Design Tasks 16. Soil Survey and Drainage (Moved to Phase II as of May 5, 2003 revision. Not included in Phase I fee.) 17. Overlay Map on Aerial 18. Detailed Campground Schematic (Moved to Phase II as of May 5, 2003 revision. Not included in Phase I fee.) 19. Detailed Parking Lot Schematic (Moved to Phase II as of May 5, 2003 revision. Not included in Phase I fee.) 20. Detailed Campground Road Schematic (Moved to Phase II as of May 5, 2003 revision. Not included in Phase I fee.) 21. Asphalt and Concrete Specifications (Moved to Phase III as of May 5, 2003 revision. Not included in Phase I fee.) 22. Diagram of "Typical" Campsite Layout (Moved to Phase II as of May 5, 2003 revision. Not included in Phase I fee.) 23. Detailed Electrical Distribution to Campground Schematic (Moved to Phase III as of May 5, 2003 revision. Not included in Phase I fee.) 24. Buried Cable Specifications (Moved to Phase III as of May 5, 2003 revision. Not included in Phase I fee.) 25. Final Report 26. Recommended Materials for Campground Furnishings and Amenities 27. Source of Campground Design Materials 28. Overlay Map on Topo 29. Overlay Map on Cultural Areas Samuel W. Wahl Fee Proposal 2 of 11 30. Statement of Probable Costs (Moved to Phase II as of May 5, 2003 revision. Not included in Phase I fee.) PSC proposes a three-phase project approach to adequately address the scope as outlined. The first phase (Phase I) will consist of the following task categories: A. Preliminary Analysis B. Design Guidelines C. Development Plan The PSC Team will work closely with the City and other interested parties during the Phase I. A more detailed explanation follows the phasing descriptions for phase I outlining the tasks to be performed, required meetings and expected deliverables. The second phase (Phase II) will consist of the following task categories that were part of Phase I prior to the May 5, 2003 revision: A. Design Review B. Schematic Level Design .of Each Program Item and Area C. Statement of Probable Cost D. Prioritizing Exercise At the direction of the City the above listed tasks were placed into Phase II as of the May 5, 2003 revision for future negotiation and execution. As the scope and intent of these tasks may change through Phase one no exact scope and fee are proposed at this time. The City and the PSC Team can negotiate a scope and fee for Phase II following approval of Phase I or at the City's request. The third phase (Phase III) will involve preparation of detailed construction plans, specifications and refined statements of probable cost for those items that the City wishes to address in Phase III. Following approval of the construction documents, the PSC Team will assist the City through bidding and construction phase services. Since the work under this phase cannot be fully determined until after Phases I and II are complete and approved, no fee has been prepared for this phase at this time. The City and the PSC Team will negotiate a scope and fee for Phase III following acceptance of Phases I and II. PHASE I - SCOPE OF SERVICES (Note — All meeting numbers have been left as the original meeting numbers of the first proposal. Their order may not be sequential as they may have been altered or deleted as part of the May 5, 2003 revision) 1. Preliminary Analysis and Programming: During this phase the Parkhill, Smith, & Cooper (PSC) Team will assess existing master plan documents and reports and provide cursory analysis and comment for consideration. The site analysis, master plan analysis and traffic analysis will be completed during this phase to generate issues and points for a needs programming session and visioning session. Both the needs assessment and visioning will allow for affirmations of the master plan, more Samuel W. Wahl Fee Proposal 3 of 11 detailed information on exact operational needs, and a chance to point out additional needs or ideas that may have developed since the master plan was completed.. The visioning session is anticipated as the opportunity to identify theming opportunities and the development of the "second destination" concepts for the area. Note: The PSC Team will rely on the recreational needs analysis/demand provided in the Samuel Wahl Recreational Area Master Plan completed in 200I by Shrickel Rollins Associates and will not perform additional recreational needs analysis as per the May 5, 2003 revisions to this scope. Also, as per the City's direction, PSC will rely on the City to provide traffic counts and data information for analysis purposes. Based on the City furnished data PSC will perform a traffic analysis that will include recommendations for vehicular circulation. PSC will also review all previous reports and studies to evaluate the systems that will be required with all phases of future construction. PSC will develop an infrastructure (water and sewer) master plan to delineate locations for water intake structures and distribution lines throughout the park as well as sanitary sewer collection and disposal systems. PSC will investigate potential use of alternate waste disposal systems and determine if the proposed sites are compatible with these systems. An overall graphic drawing with limited conceptual level detail will be provided with a written narrative of the proposed systems. No engineers opinion of probable cost for either water or sanitary sewer is included. The lodge and marina market analyses are a part of this phase in order to complete these tasks for future programming and preparation of the Development Plan. Bucher, Willis and Ratliff will perform the market analysis work and will included target markets; primary, secondary and tertiary markets; service market area; demographic profile of markets; and market segmentation strategies. Also included would be a list of marina features and facilities commensurate with the size of the marina slips, marina improvements and geographic area for use by others in developing a market analysis and revenue structure. Prewitt and Associates (PAI) will participate in this task and subsequent tasks as well. PAI's primary role will be to provide technical expertise regarding the archeological resources and compliance with Texas Antiquities Code (TAC) administered by the State Historic Preservation Officer (SHPO) of the Texas Historical Commission (THC). Avoidance of impacts to known State Archeological Landmarks (SALs) will be the preferred alternative whenever possible, but there may be cases where some impacts to SALs must occur. PAI will participate specifically at this stage in both compliance and visioning perspectives. Final decisions on locations of specific improvements will be made, and TAC compliance will be an important component. PAI may need to coordinate with the SHPO to get approval for the final site plan. PAI will also have an important role in the "visioning" aspects of these meetings, including input on how best to utilize cultural resources as a "second destination" and how to integrate cultural resources Samuel W. Wahl Fee Proposal 4 of 11 into the visitor experience at the SWRA. In this sense, visioning may be thought of as interpretation and presentation of cultural resources for visitor enjoyment. Anticipated Meetings: A. Meeting 1: In-house Full Team Meeting, 1 day, Tasks: Site visit; Preliminary analysis of the site, master plan and traffic; Planning for market analysis and recreation programming Participants: PSC, Bucher Willis & Ratliff (BWR), Prewitt & Associates (PAI) B. Meeting 2: City Workgroup Meeting, 1/2 day, Tasks: Market analysis strategy session with City Workgroup Participants: PSC, BWR C. Meeting 3: Stakeholder Meeting, 1/2 day, Tasks: Market analysis strategy session with economic and recreation interests (Convention and Tourism Bureau, Tour Guides, Market Lubbock Inc., etc) Participants: PSC, BWR D. Meeting 4: (Deleted as of May 5, 2003 revision) City Workgroup Meeting, 1/2 day, Tasks: Needs analysis/programming; verifying existing use, trends, desires, opportunities and requirements for the entire recreational area. Participants: PSC, BWR, PAI E. Meeting 5: (Deleted as of May 5, 2003 revision) Stakeholder Meeting, 1/2 day, Tasks: Open meeting with focus group of both economic/marketing interests as well as recreational participants to verify and explore existing use, trends, desires, opportunities and requirements for the entire recreational area Participants: PSC, BWR, PAI F. Meeting 6: (Deleted as of May 5, 2003 revision) City Workgroup Meeting, 1/2 day, Tasks: Presentation of needs analysis/programming findings and final direction from the City on final scope; Presentation of preliminary ideas for visioning of styles, character and "second destination" development for the site. Participants: PSC, BWR, PAI G. Meeting 7: City Workgroup Meeting, 1/2 day, Tasks: Presentation of final visioning documents; presentation of "Second Destination" development strategies; City approval for concepts Participants: PSC, BWR, PAI Deliverables: A. Site, master plan and traffic analyses with graphic and textual descriptions. B. Needs analysis/programming document including descriptions of building use, number of users, planned functions, room list with quantities and size, and total gross square footages. C. Visioning session document with text and graphics. D. Lodge and marina market analysis documents. 2. Design Guidelines: The PSC team will develop design guidelines documenting a consistent vision or style for current and future development of the Sam Wahl Samuel W. Wahl Fee Proposal 5 of 11 Recreation Area. Documentation of recommended site planning guidelines, building styles, volumes, massings, materials, products, signage, and parking ratios will be assembled and coordinated in a user-friendly document. Anticipated Meetings: A. Meeting 8:City Workgroup Meeting, 1/2Day, Tasks: Presentation of 3 varied character sketch concepts with one selected for final documentation; Presentation of potential materials and preliminary design guideline framework; solicitation of workgroup input. Participants: PSC, B. Meeting 9:City Workgroup Meeting, 1/2Day, Tasks: Presentation of final character sketches and selected materials; presentation of Design Guidelines; Approval by City Participants: PSC, C. Meeting 10:City Council Presentation, 1/2 Day, Tasks: Presentation of Completed Design Guidelines; Approval by City Council Participants: PSC, Deliverables: A. Design Guidelines with graphic and textual descriptions. B. Display boards for the Council Meeting 3. Development Plan: The current master plan for the Sam Wahl Recreation Area is diagrammatic in nature and PSC will further develop this document to enable planning of all the program components into one aggregate plan. This plan will be referred to as the Sam Wahl Recreation Area Development Plan. The Sam Wahl Recreation Area Development Plan will show roads, utilities, facilities, parking lots, campgrounds, trails, and other requirements in scale and coordinated for the program and site. This plan will serve as a map for the City to follow and will provide the visual tool needed to understand the magnitude of each scope item in the overall proposed development in the recreation area. This plan will also provide a more realistic and coordinated routing of infrastructure and utilities for the development of the site and potentially maximize economies of scale in phased bidding. Anticipated Meetings: A. Meeting 13: In -House Team Meeting, 1 Day, Tasks: Initial Development Plan session, in-house work session for optimization of total site design and issues. Participants: PSC, BWR, PAI B. Meeting 14: City Workgroup Meeting, 1 Day, Tasks: Presentation of preliminary Development Plan for review and discussion; Presentation of preliminary schematic site and facility designs and concepts for review and discussion; Review and Comment by City Participants: PSC, BWR, PAI Samuel W. Wahl Fee Proposal 6 of 11 C. Meeting 15: City Workgroup Meeting, 1 Day, Tasks: Presentation of final Development Plan including schematic site and facility designs and concepts; Approval by City Participants: PSC D. Meeting 16: (Deleted as of May 5, 2003 revision) Stakeholder Meeting, 1/2 Day, Tasks: Presentation of final Development Plan including schematic site and facility designs and concepts; Participants: PSC E. Meeting 17: Council Presentation, 1/2 Day, Tasks: Presentation of final Development Plan including schematic site and facility designs and concepts Participants: PSC Deliverables: A. Development Plan in graphic format. B. Development Plan overlaid on topo map C. Development Plan overlaid on cultural resources map to show avoidance and mitigation areas D. Development Plan overlaid on aerial (The following deliverables have been deleted from Phase I and shifted to Phase H. They are not included in the Phase I fee.) E. Soils and topo maps F. Infrastructure plan — roads, utilities, water treatment G. Schematic entry site plan. H. Schematic entry building site plan, floor plans, elevations or renderings I. Schematic headquarter site plan, floor plans, elevations or renderings J. Schematic residence for park ranger site plan, floor plans, elevations or renderings K. Schematic maintenance facility site plan, floor plans, elevations or renderings L. Schematic water treatment plant (potable and waste) site and floor plans M. Schematic parking plans N. Schematic parking lot expansion plans O. Schematic marina site plan, floor plans, elevations or renderings P. Schematic campground plans Q. Schematic diagram of typical campsite layout R. Schematic campground facility plan S. Schematic day lodge site plan, floor plans, elevations or renderings T. Schematic rental cabin site plan, floor plans, elevations or renderings U. Schematic playground plan V. Schematic restroom/shower site and floor plans W. Schematic picnic structure site and floor plans X. Schematic group pavilion site and floor plans Y. Schematic fishing pier site and floor plans Z. Schematic hiking trail plans AA. Schematic overlook site plan, floor plans, elevations or renderings Samuel W. Wahl Fee Proposal 7 of 11 BB. Schematic dock site and floor plans CC. Schematic swimming beach site plan DD. Schematic day -use area site and floor plans EE. Schematic boat ramp site plan FF. Schematic wayfinding signage plan GG. Schematic waste water dump station site and floor plan HH.Schematic campground road plans II. Schematic ADA accessibility plans, concepts and reports PHASE II - SCOPE OF SERVICES (FEE TO BE NEGOTIATED UPON THE COMPLETION AND APPROVAL OF PHASE I) 4. Design Review: The PSC team will evaluate current facilities that are in multiple stages of design completion and will develop recommendations of possible changes to the current designs to meet the Design Guidelines. These facilities are fishing piers, swimming platforms, restrooms, floating intake, septic tank, hiking trail, trailhead, and a scubba platform. Anticipated Meetings: The following anticipated meetings were in the original proposal dated April 17, 2003. Though these meetings are listed for reference purposes, the anticipated meetings for each task in Phase II may change as needed once the City and PSC negotiate the fee and scope for this phase. A. Meeting 11:City Workgroup Meeting, 'h Day, Tasks: Presentation of potential design review for all current projects; solicitation of workgroup input Participants: PSC, B. Meeting 12:City Workgroup Meeting, 'h Day, Tasks: Presentation of final design review for all current projects; Approval by City Participants: PSC, Deliverables: A. Design review comments including sketches showing proposed changes incorporating the Design Guidelines. B. Scope and Fee proposal if requested by city for completion of Construction Documents for current projects. 2. Schematic Plan Production: Detailed schematic plans will be produced for each of the listed areas that will show the spatial and functional design relationships for each of the sites. Each schematic plan will be designed with greater attention to its operational and functional requirements in order that the aggregate plan will optimize the end relationship of all facilities before any one is constructed. Samuel W. Wahl Fee Proposal 8 of 11 Anticipated Meetings: No individual meetings were originally identified for the Schematic Plan Production portion of April 17, 2003 proposal. Though no meetings are listed for this task, meetings should be anticipated and would be negotiated when the City and PSC negotiate the fee and scope for this phase. A. To be determined based on the requirements stipulated within the negotiation of the Phase II fee. Deliverables: A. Soils and topo maps B. Infrastructure plan — roads, utilities, water treatment C. Schematic entry site plan. D. Schematic entry building site plan, floor plans, elevations or renderings E. Schematic headquarter site plan, floor plans, elevations or renderings F. Schematic residence for park ranger site plan, floor plans, elevations or renderings G. Schematic maintenance facility site plan, floor plans, elevations or renderings H. Schematic water treatment plant (potable and waste) site and floor plans I. Schematic parking plans J. Schematic parking lot expansion plans K. Schematic marina site plan, floor plans, elevations or renderings L. Schematic campground plans M. Schematic diagram of typical campsite layout N. Schematic campground facility plan O. Schematic day lodge site plan, floor plans, elevations or renderings P. Schematic rental cabin site plan, floor plans, elevations or renderings Q. Schematic playground plan R. Schematic restroom/shower site and floor plans S. Schematic picnic structure site and floor plans T. Schematic group pavilion site and floor plans U. Schematic fishing pier site and floor plans V. Schematic hiking trail plans W. Schematic overlook site plan, floor plans, elevations or renderings X. Schematic dock site and floor plans Y. Schematic swimming beach site plan Z. Schematic day -use area site and floor plans AA. Schematic boat ramp site plan BB. Schematic wayfinding signage plan CC. Schematic waste water dump station site and floor plan DD. Schematic campground road plans EE. Schematic ADA accessibility plans, concepts and reports 3. Statement of Probable Cost (SOPC) and Revenue Strategies: Once the Development Plan is detailed to a schematic level, the PSC team will compile itemized statements of probable cost (SOPC) for the entire project. This will be accomplished by creating independent SOPCs for each program element. The SOPC Samuel W. Wahl Fee Proposal 9 of 11 will identify historical comparisons of relevant construction costs and identify related project "soft costs" which will culminate in a total opinion of project budget cost. This phase will also identify categories of development costs for recommendation as a strategic phasing plan that both maximizes the benefits of the City's investments and follows an orderly development process. Also included in the SOPC will be the identification of revenue opportunities and strategies for consideration with the recommended development phases. For example, once the SOPCs are calculated a phase one scenario for critical infrastructure such as water lines, sewer lines, treatment plants and electric utilities may be proposed out of necessity and logic. That phase one may also include a recreational development that promises to increase revenues at a rate higher than others to both satisfy demand at the site while realizing increased revenue as quickly as possible. Anticipated Meetings: The following anticipated meetings were in the original proposal dated April 17, 2003. Though these meetings are listed for reference purposes, the anticipated meetings for each task in Phase H may change as needed once the City and PSC negotiate the fee and scope for this phase. A. Meeting 18:City Workgroup Meeting, 'h Day, Tasks: Presentation of itemized Statement of Probable Cost and Revenue Strategies for review and comment Participants: PSC, BWR Deliverables: A. Itemized Statement of Probable Costs for each program component B. Revenue strategies and policies document C. Presentation boards for workgroup meeting 4. Prioritizing Session: Upon completion of the Statement of Probable cost the PSC team recommends working with the City of Lubbock to prioritize the capital improvement program. This is anticipated as not only an exercise in budgeting but also a good opportunity to discuss revenue analysis, revenue policies, operation and management costs and ultimate scenarios for recovery of investment. Anticipated Meetings: The following anticipated meetings were in the original proposal dated April 17, 2003. Though these meetings are listed for reference purposes, the anticipated meetings for each task in Phase H may change as needed once the City and PSC negotiate the fee and scope for this phase. A. Meeting 19:City Workgroup Meeting, lh Day, Tasks: Initial prioritization meeting for development process and schedule; planning for future capital projects Participants: PSC B. Meeting 20:City Workgroup Meeting, 1/2 Day, Tasks: Final prioritization meeting for development process and schedule; planning for future capital projects Participants: PSC Samuel W. Wahl Fee Proposal 10 of 11 C. Meeting 21:City Council Presentation, 'h Day, Tasks: Presentation of prioritized development, costs and potential revenue for the Sam Wahl Recreation Area. Participants: PSC Deliverables: A. Summary report and capital improvement plan B. Presentation boards and power point presentation PHASE III - SCOPE OF SERVICES (FEE TO BE NEGOTIATED UPON THE COMPLETION AND APPROVAL OF PHASES I AND/OR II) 1. Construction Documents: With a detailed Development Plan, Design Guidelines, Statement of Probable Cost and Prioritized Strategy for capital improvements and revenue enhancement the City and the PSC team can discuss and negotiate additional fee for the Construction Document Phase of the project. This will be the "Phase One" physical improvements for the lake and can hopefully be in place for the summer of 2004. Anticipated Meetings: A. As desired by the City for development of improvements. Deliverables: A. Construction Documents. Samuel W. Wahl Fee Proposal 11 of 11 EXHIBIT B Resolution No. 2003-RO200 PARKHILL, 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 I/II Architect III Interior Designer IV Engineering Technologist III Resident Project Representative III Landscape Architect III PROFESSIONAL LEVEL I.................................................................64.00 Intern (Architect) I/H Interior Designer III Intern (Interiors) II Engineering Technologist I/Il Resident Project Representative I/II CADD Manager V SUPPORT STAFF III.........................................................................61.00 Engineering Technician III/IV CADD IV Administrative Secretary III SUPPORT STAFF II..........................................................................51.00 Accounting Clerk CADD Clerical Engineering Technician I/H 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.