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Resolution - 2010-R0053 - Contract 9388 Parkhill, Smith, & Cooper Inc. For Mahon Library Renovations - 01/28/2010
Resolution No. 2010-R0053 January 28, 2010 Item No. 5.24 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, an Agreement for the renovation of Mahon Library, by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc. of Lubbock, Texas, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this ATTEST: AD Rebecc Garza, City Secretary APPROVED AS TO CONTENT: 28th day of January , 2010. e� xe� TOMARTIN, MAYOR � &e4t N— Wes Everett, Director of Facilities Management APPROVED AS TO FORM: Chad Weaver, Assistant eity Attorney vw:ccdocs'RES.Agreement-Parkhill Smith & Cooper 12.07.09 December 7, 2009 Resolution No. 2010—R0053 ,@.AIA Document B151TM -1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Nineteenth day of October in the year Two Thousand Nine (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner. (Name, address and other information) City of Lubbock PO Box 2000 Lubbock. Texas 79457 and the Architect: (Name, address and other information) Parkhill. Smith & Cooper. Inc. 4222 5th Street Lubbock Texas 79423 Telephone Number: 806-473-2200 Fax Number: 806-473-3500 For the following Project: (Include detailed description of Project) City of Lubbock - Mahon Library Renovation Lubbock, Texas Renovation of Mahon Library for the City of Lubbock The Owner and Architect agree as follows. This document has important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or motittcaton. AIA Document 8151Tm-1997. Copyright ®1974, 1978, 1087 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U S Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA, Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15:28:00 on 09/12/2007 under Order No.1000281105 2 which expires on 3/1/2008, and is not for resale. User Notes: (3842711008) ARTICLE 1 ARCHITECTS RESPONSIBILITIES § 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. § 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. I § 1.3 The Architect shall designate a -Mary Crites as the representative authorized to act on behalf of the Architect I with respect to the Project. § 1A The services covered by this Agreement are subject to the time limitations contained in Section 11.5.1. ARTICLE 2 SCOPE OF ARCHITECTS BASIC SERVICES § 2.1 DEFINITION The Architect's Basic Services consist of those described in Sections 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. § 2.2 SCHEMATIC DESIGN PHASE § 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. § 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Section 5.2.1. § 2.13 The Architect shall review with the Owner alternative approaches to design and construction of the Project. § 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. § 2,2.5 The Architect shall submit to the Owner a preliminaryof Pro1 Construction Cost based on current area, volume or similar conceptual estimating techniques. § 2.3 DESIGN DEVELOPMENT PHASE § 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. / § 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary Aq ' n of Proba I Construction Cost. § 2.4 CONSTRUCTION DOCUMENTS PHASE § 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. § 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. AIA Document 131517M —1997. Copyright ®1974,1978,1987 and 1997 by The American Institute of Archhects. All rights reserved. WARNING: This AIA' Document is protected by U S Copyright Law and International Treaties. Unauthorized reproduction or distribution of (his AIA' Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law Thls document was produced by AIA software at 15:28.00 on 09/12/2007 under Order No.1000281105 2 which expires on 3/1/2008, and is not for resale. User Notes: (3842711008) § 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary esfimata&ePO iniQn§ of Probable Construction Cost indicated by changes in requirements or general market conditions. § 2AA The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 2.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate ef-0oinion of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. § 2.6 CONSTRUCTION PHASE ADMINISTRATION OF THE CONSTRUCTION CONTRACT § 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. § 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. § 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Section 2.6 shall not 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. § 2.6A The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. § 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. § 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. AIA Document 6151T" —1997. Copyright 0 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S Copyright Law and International Treaties Unauthorized reproduction or distribution of this AIA' Document, or any 3 portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:28:00 on 09/12/2007 under Order No.1000281105 2 which expires on 311/2008, and is not for resale. User Notes- (3842711008) § 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. § 2.63.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 2.6.10 The Architect shall have authority lla fejeel notify #nd m1h pnlrnendations to the Owner cancerning Work that does not conform to the Contract Documents. *Awnever-The AtC hitect shall recommend to the -Owncr when the Architect considers it necessary OF advistible, the Afeltitesi shall keye authority 4o require inspection or ` testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 2,6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Sections 3. 1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. �J § 2.6.14 The Architect shall by visual observation determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the J Owner's review and records, written warranties and related documents required by the Contract Documents and AIA Document 8151 "' —1997. Copyright ®1974,1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA ° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15:28:00 on 09/1212007 under Order No.1000281105_2 which expires on 3/1/2008, and Is not for resale. User Notes: (3842711008) assembled by the Contractor, and shall issue a final Certificate for Payment based upon a finaleeEien observation indicating the Work complies with the requirements of the Contract Documents, § 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. § 2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Section 2.6.17, shall be subject to mediation and arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES § 3.1 GENERAL § 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Section 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. § 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES § 3.2.1 If more extensive representation at the site than is described in Section 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. § 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. § 3.2.3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. § 3.3 CONTINGENT ADDITIONAL SERVICES § 3.3.1 Making revisions in drawings, specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. AIA Document B151TM —1997. Copyright ®1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reamed. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 15:28:00 on 09/12/2007 under Order No.1000281105 2 which expires on 3/1/2008, and is not for resale. User Notes: (3842711008) § 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Section 5.2.5. § 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. § 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. § 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. § 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. § 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. § 3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. § 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. § 3.4 OPTIONAL ADDITIONAL SERVICES § 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. § 3.4.2 Providing financial feasibility or other special studies. § 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. § 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. § 3.4.5 Providing services relative to future facilities, systems and equipment. § 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. § 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. § 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. § 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. L § 3.4.10 Providing detailed estifRs!m-9ILOUWions of Probable Construction Cost. § 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. § 3.4.12 Providing analyses of owning and operating costs. § 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. AIA Document B151TM —1997. Copyright 01974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15:28:00 on 09/12/2007 under Order No.1000281105 2 which expires on 3/1/2008, and Is not for resale. User Notes: (3842711008) § 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. § 3A.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. § 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. § 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. § 3A.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. § 3A.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 RESPONSIBILfI ES § 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. § 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments. zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. § 4.6 The Owner shall furnish the services of consultants other than those designated in Section 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. § 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. AIA Document 13151 TM —1997. Copyright 01974, 1978, 1987 and 1997 by The American Institute of Archdects. All rights reserved. WARNING: This AIA` Oocument Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:28:00 on 09/12/2007 under Order No.1000281105_2 which expires on 3/1/2008, and is not for resale. User Notes: (3842711008) § 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. § 4.9 The services, information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. § 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 5 CONSTRUCTION COST § 5.1 DEFINITION § 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the esi'mated-cost to the Owner of all elements of the Project designed or specified by Nie AFabiteet:the Architem as stated in the latest Opinion of Probable Cost. § 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. § 5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner as provided in Article 4. § 5.2 RESPONSIBILITY FOR CONSTRUCTION COST § 5.2.1 Evaluations of the Owner's Project budget, the preliminary eslimail&eWinion of Probable Construction Cost and detailed esdmates-"Wnions 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, s 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-efr-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 Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. § 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. § 5.2A If a fixed limit of Construction Cost (adjusted as provided in Section 5.23) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. AIA Document B151TO —1997. Copyright ®1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING. This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any 8 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15.28:00 on 09/12/2007 under Order No.1000281105 2 which expires on 3/1/2008, and Is not for resale. User Notes: (3842711008) § 5.2.5 If the Owner chooses to proceed under Section 5.2.4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Section 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECTS INSTRUMENTS OF SERVICE § 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. § 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. § 6.3 Except for the licenses granted in Section 6.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior wriuen agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 6A 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. §?4MEDIATION by MedifltiBR OF by ffbiWMiON. 1 ;4-2 The Owner- and Afehitmt shail eindeaver. !a Feselve eWms, disputes and eihef mattem in question beiween AIA Document 0181TM —1997. Copyright ®1974.1978, 1987 and 1997 by The American Institute of Architects. Aa rights reserved WARNING, This AIA Document is protected by U S. Copyright Law and International Treaties Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15:28:00 on 09112/2007 under Order No.1000281105 2 which expires on 3/112008, and is not for resale. User Notes: (3842711008) ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. AIA Document 6151n —1997. Copyright 01974, 1978, 1987 and 1997 by The American Institute of Architects. Ali rights reserved WARNING: This AIA Document is protected by U S Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any 1 portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15:28:00 on 09/12/2007 under Order No.1000281105 2 which expires on 3/1/2008, and Is not for resale. User Notes: (3842711008) § 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. _ § 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 TeffniRaden &*penses as defined *R Seetion-94,d= ✓�'"JJ CLE 9 MISCELLANEOUS PROVISIONS § 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12. § 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. § 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. ! as shall Feqt1jF8 aF the , § 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. § 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. AIA Document B151Tu —1997. Copyright 01974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U S Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of It. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:28:00 on 09/12/2007 under Order No,1000281105_2 which expires on 3/1/2008, and is not for resale, User Notes: (3842711008) § 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. § 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT § 10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. § 10.2 REIMBURSABLE EXPENSES § 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 , renderings, models and mock-ups requested by the Owner; 4--,S—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; --,,reimbursable expenses as designated in Article 12; 1B --J other similar direct Project -related expenditures. § 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES § 10.3.1 An initial payment as set forth in Section 11.1 is the minimum payment under this Agreement. § 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 11.2.2. § 10.3.3 If and to the extent that the time initially established in Section 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 11.3.2. § 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. AIA Document B151 TM —1997. Copyright ®1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any 12 portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15.28:00 on 09!12/2007 under Order No.I OW281105 2 which expires on 3/1/2008, and is not for resale. User Notes: (3842711008) § 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 ARCHITECTS ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: § 11.1 An Initial Payment of Zero Dollars and Zero Cents ($ 0.00 ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. § 112 BASIC COMPENSATION § 11.2.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) Lump sum fee is $183,350 plus $5,000 allowance for reimbursable expenses. § 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Schematic Design Phase: 15 percent Design deverlopment Phase: 20 percent Construction Document Phase: 40 percent Bidding or Negotiation Phase: 5 percent Construction Phase: 20 percent Total Basic Compensation: 100 percent § 11.3 COMPENSATION FOR ADDITIONAL SERVICES § 11.3.1 For Project Representation Beyond Basic Services, as described in Section 3.2, compensation shall be computed as follows: To be a mutually netotiated sum attached to a defined scone of servic § 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Section 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees. if required. Identify specific services to which particular methods of compensation apply, if necessary. ) PSC standard ho_trlv-rates. See Exhibit B. AIA Document 8151^'-1997. Copyright m 1974, 1978, 1987 and 1997 by The American Institute of Architects. AN rights reserved. WARNING: This AIA" Document is protected by U S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any 13 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law Thls document was produced by AIA software at 1518.00 on 09/12/2007 under Order No. 10002811052 which expires on 3/1/2008, and is not for resale. User Notes: (3842711008) § 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Section 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of One and one-tenth ( 1.10 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) § 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Section 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of One and five hundredths ( 1.05 ) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. § 11.5 ADDITIONAL PROVISIONS § 11.5.1 If the Basic Services covered by this Agreement have not been completed within Twenty(20 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Sections 10.3.3 and 11.3.2. § 11.5.2 Payments are due and payable days Willi As date of 11he-,A whiteet's*Aq-14*00 A Hkoun•s unpaid r Prevailing hem lims 19 lime at 6W pliflei i itefirefthoA t to the TeM Plum t EnMot ACt, Texas Goy;mMgnl i per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Speck legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) 12.1 _ Uhabit A _ &eM of Services 12.2 Exhibit B PSC Standard Hourly Rate Schedule 12,3, Exhibit C InsuMag Cedi6cate. Insurance will be sungligd by thg A/E for thia convact in the atlm rat smi fied in the attached certificate. AIA Document B151TM —1997. Copyright ®1974, 1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document or any 14 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:28:00 on 09/12/2007 under Order No.1000281105, 2 which expires on 311/2008, and is not for resale. User Notes: (3842711008) This Agreement entered into as of the day and year first written at OWNER I Tom Martin, Mayor (Printed name and title) Approved as to Content: Wes Everett, Director of Facilities Management Scott Snider, Assistant City Manager AIA Document 6151n —1997. Copyright 01974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING. This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any 15 portion of it. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:28:00 on 09/12/2007 under Order No. 1000281105 2 which expires on 3/1/2008, and is not for resale. User Notes: (3842711008) Mr. Wesley Everett City of Lubbock PO Box 2000 Lubbock, Texas 79457 Re: Mahon Library Renovation Dear Mr. Everett: PARKHILLSMITH&COO►PER EXHIBIT A Resolution No. 2010-R0053 October 19, 2009 Parkhill, Smith & Cooper, Inc. (PSC) is pleased to provide the following scope of services for the Mahon Library Renovation. We understand the intent of the project is to provide renovations to the library within the 2004 Bond amount of $2.14 million dollars. PSC anticipates that the Project Description for this budget can generally include the following: HVAC: Replace the existing air handling units, ductwork where units connect to duct runs, upgrade of controls, and associated electrical. The existing duct runs, piping and pumps would be reused. There would be no upgrades to electrical panels, distribution, service or transformers. Roof: Replace the existing roof with a TPO single membrane roof system to include new insulation, recover protection board and membrane roofing. Abatement: It is anticipated that there will be some asbestos abatement necessary for work associated with the project. Elevator: Replace or repair existing elevator. The existing shaft would be reused. Due to the existing cab size, a variance must be granted for the short depth. PSC will apply on the City's behalf for the variance for the cab size. Restroom ADA: While not required under accessibility codes to be renovated, it is anticipated that the City will want to upgrade the ground floor restrooms to be accessible. Interior Finishes: Upgrade finishes limited to the first floor to include replacement of carpet and base, new paint and wall vinyl, New Furnishings: On the ground level only replace public seating and tables as well as refurbish the existing circulation desk. This does not include new display units, shelving or stacks. Not included as part of the work is exterior work to replace handrails, soffits, planter walls or clay tile coping, and interior work including removal or construction of new partitions, new ceilings or lighting, fire alarms, drinking fountains or other mechanical/plumbing code deficiencies, new display or stack shelving, refinishing of wood walls, murals, and any work on the basement or mezzanine levels to office space and associated restrooms. HI i laf Illu EI Paso Lubbock Midland 4222 85th Street Lubbock,Texas 79423 806.473,2200 Fax 806.473,3500 Mr. Wesley Everett Page 2 October 19, 2009 Based on the project description above, PSC proposes the following scope of services: PSC will develop a combined SD/DD design package for Owner review. Based on Owner input PSC will then refine the documents (drawings and specifications) and issue a 95% CD package for your review. Once Owner input has been received then PSC will finalize the documents for bidding. During the design phase PSC anticipates a total of three meetings. PSC will provide construction administration phase services for this project. Construction time from Notice to Proceed to Substantial Completion is anticipated to be eight months. Included as part of this fee, is a defined level of service during construction. PSC proposes a total of twenty site visits during construction and two site visits to develop and review punch list. Shop drawing review process assumes that submittal swill not require multiple re -submittals by the General Contractor. PSC will notify the City when a submittal has been rejected. If a submittal has a second rejection, PSC requests the City review the situation with the General Contractor to limit repeated reviews. Professional services by PSC for this project will be considered complete after sixty days of either re - occupancy or from date of substantial completion whichever occurs first. Additional site visits, excessive construction time (excessive being defined as 5 or months of construction), review of submittals beyond the second submittal, and extended post -occupancy services will be considered additional services and billed at a mutually agreed fee or at the PSC Standard Hourly Rate. PSC will notify the City prior to performing work as an additional service. Proposed Fee: Based on our understanding of effort described above, PSC proposes to perform this work on a lump sum basis of $183,350, plus $5,000 for reimbursable expenses. Reimbursable expenses include reproduction, travel, and communication. Excluded from PSC's services are those services associated the asbestos abatement and monitoring. PSC looks forward to continuing to work on this project and working with you to make this a success. Sincerely, PARKHILL, SMITH & COOPER, 0 MKC/pas Enclosures R \CledcahAGREE\200910dy of LubbockWahon Library\WE Fee_101609 docx Mary K. Cr' s AIA Firm Prinoloaf Client: City of Lubbock Project: Mahon Library Renovations Agreement Date: October 19, 2009 Classification Hourly Rate PROFESSIONAL LEVEL VII Engineer VII Architect VII Landscape Architect VII Interior Designer VII PROFESSIONAL LEVEL VI Engineer VI Architect VI Landscape Architect VI Interior Designer VI PROFESSIONAL LEVEL V Engineer V Architect V Landscape Architect V Interior Designer V EXHIBIT B Parkhill, Smith & Cooper, Inc. Hourly Rate Schedule Current through December 31, 2009 January 1, 2009 Classification Hourly Rate 161.00 PROFESSIONAL LEVEL II 79.00 Intern (Architect) II Interior Designer II, Intern (Interiors) II Technologist II Resident Project Representative II Landscape Architect II 137.00 PROFESSIONAL LEVEL 1 72.00 Intern (Architect) I Intern (Interiors) I Technologist 1 122.00 Resident Project Representative I PROFESSIONAL LEVEL IV 105.00 Engineer IV Architect IV, Intern (Architect) IV Landscape Architect IV Interior Designer IV Technologist IV Resident Project Representative IV PROFESSIONAL LEVEL III Engineer 1/11, III Architect III, Intern (Architect) III Landscape Architect III Intern (Landscape Architect) III Interior Designer III Technologist III Resident Project Representative III SUPPORT STAFF III Engineering Technician III CADD III Administrative Secretary III Project Assistant 1/11 SUPPORT STAFF II Accounting Clerk CADD Clerical Engineering Technician II Administrative Secretary II 89.00 SUPPORT STAFF I Architectural Student Engineering Student Interiors Student Landscape Architecture Student Accounting Clerk Trainee CADD Trainee Clerical Trainee 63.00 36.00 The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2009 through December 31, 2009. After December 31, 2009, invoices will reflect the Schedule of Charges currently in effect. R Tlerical\AGREE\2009\City ofLubbockWahon Library\WAGE-2009-archltrcontract doc DATE IM rfYM ACORDTM CERTIFICATE OF LIABILITY INSURANCE 10/1MIDD 10/19/2000909 PRODUCER (806) 747-3404 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CECIL-DUNN INSURANCE AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. BOX 3870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 4120 AVENUE Q T.TTRRC)CK TX 79452- INSURERS AFFORDING COVERAGE NAIC # INSURED Parkhill, Smith & Cooper Inc. 4222 85th Street TX 79423 - C HARTFORD INSURANCE HARTFORD UNDERWRITERS ;UV tKAUtJ THE POLICIES ENT, TERM OR CONDITION OF AN`Y CONTRACT OR OTHER DOCUMENT HAVE BEEN ISSUED TO THE WITH ABOVED NAMED POLICY O WIT RES ECT TO WH CH THISCERTIFICATEMAY BE ISSUED ORD INDICATED MAYPI NG ANY REQUIREMENT, CONDITIONERTAIN THF INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE F__j OCCUR KLUUGtU OT rniU VLAIw10. POLICY NUMBER 46UUNI10383 POLICY EFFECTIVE DATE MM/DD/YY 09/30/2009 / / POLICY EXPIRATION DATE (MM/DD/YY)LIMITS 09/30/2010 AMAGETORENTE 9 1,000,00 IN rA ADD'L SRO X DAMAGE DAMAGE TO RENTED ! 300,00 PREMISES Ea occurrence MED EXP one son ! 10,00 PERSONAL 8 ADV INJURY ! 1,000,00 GENERAL AGGREGATE ! 2,000,00 PRODUCTS - C MP/OP AGG ! 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER POLICYFX JECT LOC AUTOMOBILE LIABILITY 46UUNII0383 09/30/2009 09/30/2010 COMBINED SINGLE LIMIT ! 1,000,00 (Ea accident) A Ix ANY AUTO ALL OWNED AUTOS / / / / BODILY INJURY ! (Per person) SCHEDULED AUTOS HIRED AUTOS / / / / BODILY INJURY ! (Per accident) X NON -OWNED AUTOS PROPERTY DAMAGE ! (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ! OTHER THAN EA ACC ! AUTO ONLY AGG ! ANY AUTO / / / / A EXCESS/UMBRELLALIABILITY 46XHUlIO159 09/30/2009 09/30/2010 EACH OCCURRENCE ! 2,000,0( AGGREGATE ! 2,000,0( X OCCUR EDCLAIMS MADE ! ! RDEDUCTIBLE / / / / ! X RETENTION $ 10,000 B WORKERS COMPENSATION AND 46WENW3354 09/30/2009 09/30/2010 yy� TU TORY LIMITS X ER 1 , 000 01 E L EACH ACCIDENT ! r EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTNE OFFICER/MEMBER EXCLUDED? / / / / E L DISEASE - EA EMPLOYEE ! 1,000,01 E L DISEASE •POLICY LIMIT ! 1,000,01 If yes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: City of Lubbock Mahon Library Renovation. Certificate holder is shown as Additional Insured on the General Liability and Auto policies, as these policies are primary and non-contributory. Waiver of Subrogation applies in favor of certificate holder for the Workers Comp, General Liability, and Auto policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH City of Lubbock EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAI 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BU Purchasing Department FAI RET DO SO SHALL IMPOSE NMOVES.' ATION OR LIABILITY OF ANY KIND UPON TI- Attn: F Attn: George Lisenbe INS RER ITS GENTSO EN A VES. ES PO BOX 2000 AUTH RIZED EPRESENTATIVE ACORD 25 (2001/08) 1�t,; INS025 (0108) 05 TX 79457 - ELECTRONIC LASER FORMS INC - (800)327.0545 CORPORATION 1 Page ' ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YY 10/19/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION McLaughlin Brunson Insurance Agency, LLP ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6600 LBJ Freeway, Suite 220 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Dallas TX 75240 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (214) 503-1212 (214) 503-8899 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: XL Specialty Insurance Company Parkhill, Smith a Cooper, Inc. INSURER B, 4222 85th St. INSURER C: Lubbock TX 79423 INSURER D: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRDD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurence $ MED EXP (Any one person) $ CLAIMS MADE OCCUR PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ GEN'L AGGREGATE LIMIT APPLIES PER PRO LOC POLICY F1 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per accident) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR FICLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TORSTATU-OTH- Y EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? ff yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ A OTHER Professional Liab. DPR9618004 1/10/2009 1/10/2010 $2,000,000 Per Claim $4,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. A waiver of subgrogation is included on this policy. RB: City of Lubbock Mahon Library Renovation CERTIFICATE HOLDER CANCELLATION City of Lubbock - Purchasing Department ATTN: George Lisenbe P.O. Box 2000 Lubbock TX 79457 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL EMMMMM IDD MAIL 30 DAYS WRITTEI NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EKKKWNMffKKKMXZffZNZN H®f5 711111131EIII AUTHORIZED REPRESENTATIVE /J 4 © ACORD CORPORATION 198 10/19/2009 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08)