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Resolution - 2007-R0433 - Contract - Parkhill, Smith & Cooper Inc.- Fire Station 16 Architectural Services - 09/13/2007
Resolution No. 2007-RO433 September 13, 2007 Item No. 6.3 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Professional Services Contract by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., of Lubbock, Texas, for architectural services relating to construction of new Fire Station No. 16, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 13th day of September , 2007. DAVID A. MILLER, MAYOR ATTEST: Rebe a Garza, City Secretary APPROVED AS TO CONTENT: Wesley D. EvkrL, Facilities Manager APPROVED AS andiv`e'r, Attorney of Counsel DDres/FSC-Fire# 1 KonMes August 13, 2007 Resolution. No. 2007—N0433 A`AIA -"GDocument B1 51 TM 1997 Abbreviated Standard ,dorm of Agreement Between Owner and Architect AGREEMENT made as of the Thirteenth day of September in the year Two Thousand and Seven (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. 422.2 85th 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 - Fire Station #16, located in Vintage Township subdivision Lubbock, Texas New fire station 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 modification. AIA Document 13151^" —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 09/12/2007 under Order No.1000281105_2 which expires on 311/2008, and is not for resale. User Notes: (3842711008) ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 l he services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. § 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. § 1.3 The Architect shall designate $-Mary Crites as the representative authorized to act on behalf of the Architect with respect to the Project. § 1.4 The services covered by this Agreement are subject to the time limitations contained in Section 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES § 2.1 DEFINITION The Architect's Basic Services consist of those described in Sections 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. § 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. § 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. § 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. § 2.2.5 The Architect shall submit to the Owner a preliminary est-imate--"_pinion of Probable Construction Cost based on current arca, 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 eO�inion of Probable Construction Cost. § 2.4 CONSTRUCTION DOCUMENTS PHASE § 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of 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 815111 — 1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Al, 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 08:16:21 on 06/2812007 under Order No.1000281105_2 which expires on 31112008, and is not for resale. User Notes: {3814160263} § 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary ewstie0_pinions of Probable Construction Cost indicated by changes in requirements or general market conditions. § 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 2,5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate ef-0_pinion 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. § 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. § 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, 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. § 2.6.5 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 0151TM —1997. Copyright O 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale 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 08:18:21 on 06128/2007 under Order No -1 0002811 05_2 which expires on 3!112008, and is not for resale. User Notes: (3814160263) § 2.6.9 CERTIFICATES FOR PAYMENT § 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. § 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (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 h~.c ..thorny to Fejee notify and make recommendations to the Owner concerning Work that does not conform to the Contract Documents. "WAT The Architect shall recommend to the Owner when the Architect considers it necessary to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 2.6.121f professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Sections 3. 1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. 2.6.14 The Architect shall eanduct iRspeetions to _y visual observation determine the date or dates of Substantial Completion and the date of final completion, shall receive from the. Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and AIA Document 81511" — 1997. Copyright 0 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ah 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 low. This document was produced by AIA software at 08:18:21 on 06128/2007 under Order No.1000281105_2 which expires on 31112008, and is not for resale. User Notes: (3814160263) 4 assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final i�lspeeiee 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 8151 TM — 1997. Copyright C 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Al e Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Al a Document, or any 5 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 08:18:21 on 06/28/2007 under Order No. 1000281105_2 which expires on 31112008, and is not for resale. User Notes: (3814160263) § 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. r § 3.4.10 Providing detailed Opinions of Probable Construction Cost. 1�/ § 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, ln-ucurCnlCnt or installation of furniture, furnishings and related equipment. AIA Document B151 M - 1997. Copyright O 1974, 1978, 1987 and 1997 by The American Institute of Architects. Alt rights reserved. WARNMG: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 6 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 08:18:21 on 08!28/2007 under Order No.10402811135 2 which expires on 31112008, and is not for resale. User Notes: (3814160263) § 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. § 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. § 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. § 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. § 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. § 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. § 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. § 4.6 The Owner shall furnish the services of consultants other than those designated in Section 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. § 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. AIA Document 8151 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 7 portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced by APA software at 08:18:21 on 06/28/2007 under Order No. 1000281105_2 which expires on 3/1!2008, and is not for resale. User Notes: (381 4 1 60263) § 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. § 4.9 The services, information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. § 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 5 CONSTRUCTION COST § 5.1 DEFINITION § 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated -cost to the Owner of all elements of the Project designed or specified by the Arshitsei.the Architect, 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 ;=,r`pnion of Probable Construction Cost and detailed estiwta*s"-�pinions 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 not 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 ;moi„ at of Oyinion of Probable Construction Cost or evaluation prepared or agreed to by the Architect. § 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. § 5.2.3 If the Bidding or Negotiation. Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. § 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Section 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. AIA Document 8151 TM —1997. Copyright O 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 AIAe 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 08:18:21 on 08128/2007 under Order No.1000281105_2 which expires on 31112008, and is not for resale. User Notes: (3814180263) § 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. ARTICLES USE OF ARCHITECT'S INSTRUMENTS OF SERVICE § 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. § 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. § 6.3 Except for the licenses granted in Section 6.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or .alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. ARTiri rn 7 nreol IT; Ream I Tinru r P 7.1 MEDiATll16! ifi a668Fdafi6e With appli6able laW 18 e0fflpl�' With the lien natiee or- Alifig d0adliR&S P60F tO Fe -,011166R Of the, Matto by 1+10dilifiOR OF by afb4Fa60`1+. § 7.1.2 The QWReF and Amhiteetshall endeaYOF tE) F0561YO elaims, disputes afld other mattees in question betweeR lRdustr-y Nlediatiaii Rules of the Ameriean Ar-bity-ation Association ettfpewly iii effect. Request feF FRedifftiel'i shall be 1J AIA Document B151T1' —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 AIAa Document, or any 9 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 08:18:21 on 06/2812007 under Order No. 10002811052 which expires on 31112008, and is not for resale. User Notes: (381 4 1 60263) may be Fnad@ eefieufFefitly with the filing of a d@FnaHd rer afbitfation but, iFi sueh event, mediatioR shall pfeeeed in iidVHH1FU 4 afbitfatiBH OF iegal OF eqUiidble PFOCeediAgS, whieh shall be stayed pending Fnediatien 1;9f a period of 60 daNs ffOFR the date of filing, unless stayed for a longer- period by affeeMeHt Of thO puties of eourt efder-. § 7.1.3 The paFties shall shafe the FHediiAtOF'S fioe and aRy Aling fee-, equally. The Fnediatkfft shall be heli i" the plaeo h eftF bl as settlementagFvemenis in any eetin havingsdiet: the V 1C 7,2 ADQITDATION V7.2.1 Any dispate of other- fnattelF ift -out of or- related to this Agfeemefit shall he .. to ',Fe �'c`rcni-rl 7.2.2 CWms, disputes afld OthOr- Fflattffl; in question between the pfftieS that are not resolved by mediation -shall be aFbaln-atiefj ShRll be filed 41 %'rm!iHg With the ather- pairty Ime this Agfvemeftt and with the AmefieaH AFbitF- A do - § 7.2.3 A demand FeF ar-bitmtien -shall be made withiR a reaseftable time af4of the elaim, dispute or Olh@F FRE148F ifk qoosfieH has arisen, in He event shall Ohe demand f6F ffbitfatleH be Made &fteF the date when iHstitatien of legal 0 statuto of t: § 71.4 Ne aFbitFatioimi wisiRg eut Of ef Ffalating to this Affeement shall include, by Gonsolidation OF jeinde Othff fflaflFlff, aii additienal par-soR OF entity, Fiat a pafty to this AgFeemsmt, exeept by wFitten CONSORt 60114 additional person af: entity duly e8mented !a by paFties to this Agfvement shall he speeiAeally eRfar-c-ealgle -R 'ac-eardanee iih pli able 1.. hEkViHgjUlFisdietion thereof, d S tV _il:h w - f to _____ _.,a:_ .__ in a - _..d.,. with Amt " le 8. r 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 B151"" -1997. Copyright O 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 AIO Document, or any 10 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 08:18:21 on 06/28/2007 under Order No. 10002811052 which expires on 31112008, and is not for resale. User Notes: (3814160263) § 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. § 8A 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 Iur the Owner's convenience and without cause. � I § 8,6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services pe r farmed prior to termination, together with Reimbursable Expenses then due and all T-efwaination ExpeRses as, deli d iA Co..r:., 9.7. .i ue. ARTICLE 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. id! rights against eaek other atid against the eLintmeteits, eeflstiltaHtS, ageRIS and effil3k))'OeS Of the 011hiff fOF dafliRge,, eywept stieh rights as they may have to the pr-aeee& of such insufanee as set foFth iR lzhe edition of AIA Doeument § 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 tender 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 B151 TM —1997. Copyright C) 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 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 08:1B:21 on 06/28/2007 under Order No.1000281105_2 which expires on 311/2008, and is not for resale. User Notes: (3814160263} § 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 Reimhursable 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; .A , 5 renderings, models and mock-ups requested by the Owner; 4—.5 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 .6 reimbursable expenses as designated in Article 12; .7 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 1 1.1 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 Lime 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 8151 T" —1997. Copyright ©1974, 1978,198? 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 08:18:21 on 06!28/2007 under Order No.1000281 105_2 which expires on 31112008, and is not for resale. User Notes: (3814160263) § 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. § 1.0.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: § 11.1 An Initial Payment of Zero Dollars and Zero Cents ($ 0.00 ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. § 11.2 BASIC COMPENSATION § 11.2,1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) Compensation for Basic Services shall utilize the hourly rate method PSC standard hourly rates - Exhibit B) with a maximum fee of $131,550 plus an anticipated reimbursable budget of 125,000. § 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.) Pefiign Development . Pefeent %) Rt E -93 44 § 11.3 COMPENSATION FOR ADDITIONAL SERVICES § 11.3.1 For Project Representation Beyond Basic Services, as described in Section 3.2, compensation shall be computed as follows: To be a mutually negotiated sum attached to a defined scope of services. § 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Section 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall he 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 hourly rates. See Exhibit B. AIA Document BISITm —1997. Copyright Q 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 13 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:21 on 0612812007 under Order No.100028110b_2 which expires on 311!2008, and is not for resale. User Notes: (3814160263) § 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Section 3AA9 or identified in Article 12 as part of Additional Services, a multiple of One and one-tenth ( 1.10 1 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(2� months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compci1sated as provided in Sections 10.3.3 and 11.3.2. § 11.5.2 Payments are due and payable days F. om the date of the Arehiteet' s inyeiee Ameants unpaid � days 448f: the i Fivaiee ditime sh-,' I I h-1 k -A. -A -r *Rk-AR-A."t Ht thi-O. FA -4-A I-A.1410PLAEI be!OW, OF iR the abseRee ibereall at the legal Fate rineipal (h ,rr agreed ^'pursuant to^the Texas Prompt Payment Act, Texas Government Code 2251. Rer 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. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) 12.1 Exhibit A Scope of Services 12.2 Exhibit B PSC Standard Hourly Rate Schedule 12.3 Exhibit C Insurance Certificate. Insurance will be supplied by the A/E for this contract in the amount specified in the attached certificate. AIA Document 9151Tm —1997. Copyright 0 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale' Document, or any 14 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:21 on 06!28/2007 under Order No. 1000281105_2 which expires on 31112408, and is not for resale. User Notes: (3814160263) This. Agreement entered into as of the day and year first written OWNER (Signature) David Mille , Mayor (Printed name and title) Q Iri JAA-- Victor Kilman, Ekchasing Manager Approved as to Content: Wes Everett Wfities Mana er Attest City Secretar above. ARCHITECT (Signator Mary K. AIA, Firm Principal (Printed name and title) : AIA Document B151Tm —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 Is 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 10:09:03 on 0910612007 under Order No.1000281105 2 which expires on 31112008, and is not for resale. User Notes: (606283842) Resolution No. 2007-80433 Exhibit A Scope of Services — Fire Station to be located in Vintage Township subdivision June 28, 2007 Revised, re -revised S September 2007 PSC understands that the City has not yet finalized the purchase of land and that authorization to proceed by the City to PSC will not occur until after purchase of land is complete. The anticipated site to be selected for this project is located in the Vintage Township subdivision. It is unknown at this time if there is any environmental remediation work required on this site. Any environmental remediation work required will be performed by the Owner as a separate effort. We understand that no effort for this portion of the project is required by PSC. PSC understands that the City anticipates a cost of $1,500,000 for this project. This was based on a review of the construction costs of fire station #8 and escalation of costs over the last several years. It is anticipated that site irrigation and landscaping will be bid separately but that cost is included in the cost identified above. Pricing over the last year and projected into this year remains quite volatile with significant price spikes in steel, concrete as well as other materials. It has been mutually agreed that PSC has been asked to develop this project as much as possible based on the same design/size and quality/quantity selections of the fire station #6 and #8 projects and not based on a specific budget. The intent of this project is to site adapt if possible the previous Fire Station #6 project utilizing this new site. It is understood that this subdivision has specific design guidelines that will require modification to the previously prototypical fire station design. Changes to the exterior materials will be required. To comply with the guidelines it may be required to change the roof design. The guidelines and the site may dictate changes to the floor plan layout. As requested by the City, PSC will include as part of our design team the firm Architects Southwest to assist in the development of the exterior elevations and of the site plan. PSC will develop a new site design, exterior elevations and floor plan specific to this site and to the Vintage Township design Guidelines. PSC will submit to the City this initial design, based on approval from the City then PSC will seek on the City's behalf approval by the Vintage Township Architectural Review Committee. A maximum of 2 submittals and 3 meetings during design is included in this proposal . The initial design effort includes: research of site utility information, and development of a site layout with site utilities, pavement, site grading and the Vintage Township Guidelines. The room spaces, functions, quantities, configuration and room layout within the fire station will, as much as possible, be exactly the same as the design in the previous Lubbock fire station #6 and #8. Changes will only occur when required to meet the Vintage Township Guidelines or site limitations. Any additional spaces requested to be added will be considered an additional service and a mutually agreeable fee will be negotiated for that effort. PSC and the City both agree that the project shall be reviewed by the City for code implications using the same codes and editions of the codes as the Fire Station #6 project. Any change to this condition will be considered an additional service. Both the City and PSC agree that all of the previously designed elements, details, and specifications will be re -utilized to the extent possible. Changes will only occur due to site limitations or because of Vintage Township Design Guideline requirements. PSC will review and update the specifications as necessary to reflect current product numbers and changes in product selection described earlier. We will evaluate the geotech report with the expectation that the same foundation plan as designed for Fire Station #6 will be suitable. If the geotech report indicates a different foundation system then the effort to design a new foundation system shall be considered an additional service. PSC will complete the analysis and forms related to the State Energy Code for submission to the City for building permit. This project will be submitted to an independent TAS reviewer as required by State of Texas law. PSC as a convenience to the Owner will submit the project for TAS review as a reimbursable expense. TDLR plan review and inspection will be required to meet TAS. A site survey and geotechnical soils report is required prior to starting the schematic phase. PSC will include Architects Southwest as a design consultant for development of exterior elevations and assistance/review with site layout and plan modifications. These expenses will be considered a reimbursable expense to our contract as well as any bid document printing. PSC will provide bidding phase services including attendance at the pre-bid and bid opening as well as development of addenda and evaluation of bids. FSC in addition will provide construction administration phase services for this project. Construction time from Notice to Proceed to Occupancy (or substantial completion which ever is first) is anticipated to be 12 months. Included as part of this fee, is a defined level of service during construction. PSC proposes a total of 32 site visits, including site meetings for the entire construction phase services from Pre - Construction Meeting to Project Closeout, The shop drawing review process assumes that submittals will not require multiple resubmittals 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 Contractor to limit repeated reviews. Professional services by PSC for this project will be considered complete after 60 days of either occupancy or from date of substantial completion which ever occurs first. Added sites visits, excessive construction time (excessive being defined as beyond 12 months of construction), reviews of a submittal beyond the second submittal, and extended post -occupancy services will be considered additional service 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. The proposed schedule for this project is from written notice to proceed and receipt of this signed amendment acceptance: Initiate project and have survey completed 4 weeks Site plan, floor plan & Exterior elevation concepts developed 6 weeks Revise. Construction Documentation to 95% 12 weeks Owner Review I week Issue Documents to City for Bidding 2 weeks Total 25 weeks Based on the scope of work and factors described above, PSC fee will by the Hourly Rate Method with a maximum fee as follows: Architectural/Engineering Services required for site adaptation $83,550 Bidding and construction Administration Services $38,000 Landscape Architecture $10,000 In summary then, based on our understanding of the effort described above, PSC proposes to perform the work for the stated maximum fee of '$131,550 using an hourly rate method, plus reimbursable expenses for Architects Southwest, site survey, soils testing, TDLR review/inspection and document printing. Faxes are not considered a reimbursable expense. All reimbursable expenses shall be billed at cost plus 5%. :Vote: Bold and italicized test indicates text changes made on 5 September 2007. EXHIBIT B Resolution No. 2007—RO433 Parkhill, Smith & Cooper, Inc. Hourly Rate Schedule Client: City of Lubbock Current through December 31, 2007 Project: Fire Station No. 16 Agreement Date: June 28, 2007 January 1, 2007 Classification Hourly Rate Classification Hourly Rate PROFESSIONAL LEVEL VII 151.00 PROFESSIONAL LEVEL 1 67.00 Engineer VII Intern (Architect) I/11 Architect VIII Interior Designer III Landscape Architect VIII Intern (Interiors) 11 Engineering Technologist 1111 PROFESSIONAL LEVEL VI 128.00 Resident Project Representative 1111 Engineer V1 CADD Manager V Architect VII Landscape Architect VII SUPPORT STAFF 111 64.00 Engineering Technician III/IV PROFESSIONAL LEVEL V 114.00 CADD IV Engineer V Administrative Secretary III Architect VI Landscape Architect VI SUPPORT STAFF II 59.00 Accounting Clerk PROFESSIONAL LEVEL IV 98.00 CADD Engineer IV Clerical Architect V Engineering Technician 1/11 Landscape Architect V Administrative Secretary I / II PROFESSIONAL LEVEL 111 82.00 SUPPORT STAFF 1 33.00 Engineer III Accounting Clerk Trainee Architect IV CADD Trainee Interior Designer V Clerical Trainee Engineering Technologist IV Resident Project Representative IV Landscape Architect IV PROFESSIONAL LEVEL 11 74.00 Engineer 1111 Architect III Interior Designer IV Engineering Technologist III Resident Project Representative III Landscape Architect III The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2007 through December 31, 2007. After December 31, 2007, invoices will reflect the Schedule of Charges currently in effect. RAClencLOWiRlrIA-14KMCU1: Fire Slalinn Ifilk ire Station 16-lizhihit Moe EXHIBIT C Re.Rnlutinn No- 2007—R0433 ACORD r.PRTIFICATE OF LIABIL PRODUGEIt (1146) 747-3404 CECIL-DUNN :CNSURANCE AGENCY P. 0. BOX 3870 4120 AVENUE Q Ltmian it TAC 79452- INSURED-----._. -. Parkhill., Smith & Cooper 1110- 4222 85th Street Lubbock TX 79423 - DATE ITT INSURANCE 0612912Y07 06 29 2007 THIS CERTIFICATE IS ISSUED AS A (NATTER OF INFORMATION ONLY AND CONFERS NO FIGHTS UPON THE CEFITIFICATS HOLDER. THIS CERTIFICATE !GOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL 0 WSUaER A. HARTFORD INSURANCE INSURER B: HARTFORD UNDERWRITERS INSURER C. RER D: INSURER OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIC REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS C THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLU AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. poLICY s> FEeT+ve Pout:r EIIPIRATIOIr 18 JM IN RL TYPE OF INSURANCO POLICY NUMBER DAYS MM1011 DATE MMID *"9AALIJABILITY 46CMX10393 09/30/2006 09/30/2007 X COWWROAL GENERAL LIAIIl1RY A X CLAIMS MADE a OCCUR -EI ML AGGREGATE LIMIT APPLIES PER PCILICY EDT F1 LOC AUTOMIMELIABILITY 46= 110303 091/30/2006 09/30/2007 ANY AUTO A X ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NOR -O MiED AUT08 GARAGE UABNJTY ANY AUTO J t t 1 A IfxCjj AJMBRFLLA LIABILITY 46X=110159 09/30/2006 09/30/2007 X OCCUR CLAMS MADO DEDUCTIBLE X R NTION 310,000 $ WORKERS COMPENSA710HAND 46W]pZF#F3354 09/3012006 09/30/2007 EIMPLOYERS' LIAIMITY ANY PROPRtMR,PARTNER(EXECUTIVE OF(;ICEA1MEMBER EXCLUDED? e Yom, w5catm urew PSCIAL 04ISIONS tow OTHER OE9CRIFTR}N OF 0PFRArONWLOCAMNWEHI4`I,EBA6/ICLUSfQN9 ADDED BY 6ND0'RNIIIENTISMIAL PROVISIONS project: City of Lubbock Fire StaGioa A16. City of Lubbock is netmed as Additiona] and Auto policies, Per written aontr&ct, thn ConerAl Liability and Auto psxicien 2 ap}j7.i,'as to the Workers Comp, Ggnmrai liability, and Auto polioi08. City of Lubbock Purohasi>ng Deparatment Attn: George Lisenbe Po Box 2000 Lubbock Tai ACORCI 25 (2001108) „ .INS025(wq,09 Y PERIOD INDICATED. NOTVNTHSTANDING ANY ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, #ONS AND CONDITIONS OF SUCH POLICIES. LMMTS EACH OCCNCE 6 1,000,000 DA .TfEOENTEO 300,000 n MED EXP <n+o $nw 6 10,000 PERSONAL 6 ADV [%JURY 0 1,000,000 GENERAL AGOIRE Tffi / 2 , 000, 000 a2DUCTS-COMPOPAGO 6 2,000,ODO COMBINED SINGLE LIMIT 6 1,000,000 (Eae okkK ) OODiLY INJURY D (Per PArW ) BODILY INJURY / (PM neekkw) PROPERTYOAMAGE / (Pen 64d-1) AUTO ONLY.EAACCIDENT 6 OTHERT14AN EAAQP. 6 AlTOONLY; AGG EACH o"!)RRME / 2,000,000 AOCiREOATE 1 2,000,000 a 1 X TORYT % OET �I E.LEACHACCIOENT 6 1,000,000 E.LCIS E - EA FMPLOWA 1 1,000,000 6. 41SEASE-POLIG�'L1Mrr i 1,000,000 Insured on the qan real LLAbillty re .primazy • Waiver of Subrogation CANCELLATION } — BNOULO ANY OF THE ABOVE DESCRIBED POUCIES DE CANCELLED BEFORE THE OWFtATION DATE THEREOF, THE ISSUING INSURER WILL ENDSAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO TIIE'CERTIPICATI3 HOLOfA NAMED TO THE LOFT, Bvt FAILI)RE TWD 00 00 SHALL IMPOSE NO OSLI®A'nC OR LIAGILITY OF ANY KIND UPON Til@ IN8 ER ITS AA T8 OR ENT AUTH D REPR 9ENTATiVO 79457 eAcoft CORPORATION 1998 ELECTRONIC LASER FORMS. RNC. - i 1321.0049 PAge 1 o12 ACORD CERTIFICATE OF LIABILITY INSURANCE 06129%2007 PaoDuceR McLaughlin Brunson Insurance Agency, LLP THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 9535 Forest Lane HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES SELOIN, Suite 118 Dallas TX 75243 INSURERS AFFORDING COVERAGE Parkhill, Smith 8c Cooper, Inc � unsuraR6Cmpary�i4� j 4222 85Th St. , INsu�q INSURER C.- Lubbock TX 79423 I ^O ER., v 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 CLA€MS. Ates. George Liscnhe P 0 Box 2000 'S ". Lubbock I•a 74457 INSRTYPE F INSURANCE i POLICY NUMBER POLICY EFFECTIVE POLICY E%PlRATION AUTHORIZEDREPRESENTATNE GENERAL LIABILITY f ! ! EACH O. CURRENCE 9 COMMERCtAL GENERAL LIABILITY FARE DAMAGE Jtk c>na firel , S .... ICLAIMS MADE OCCUR i I MED E%P.lARy.aseyats�fi.. - —_._- .---- PERSONAL & AOV lNJIiRY , ... ....... I r i .GE.MLAGGREGATE LIMIT APPLIES PER:PRODUCTS-COMPIOPAGG I�� 3 _...___._ ---- ;PRO- ll POLICYLOC AUTOMOBILE LIABILITY j COMBINED SINGLE LIMIT � S ANY AUTO (Es �- .-_.-._-_...._...._ ALL OWNED AUTOS BODILY INJURY (Per parson) I S . SCHEDULED AUTOS 3--�' HIRED AUTOS 'BODILY INJURY g f NON -OWNED AUTOS{Par aa'idaM) _ - -- PROPERTY DAMAGE {Paraoddent) =_�aFLgGEUABIUTY =-� AUTO ONLY -EA ACCIDENT S 1 ANY AUTO _ OTHER THAN EA ACC S _-. .... AUTO ONLY' A excess LUMUTY,__ EACH OCCURRENC€ 3 — l OCCUR F7 CLAIMS MADE ACYGRE ATE _, DEDUCTIBLE I I ----�---� RETENTI WORKERS COMPENSATION ANDZL]RY.L1DEi`TC EMPLOYERS' LIABILITY I El EACH ACCIpENT .._ 5 E.L. DISEASE • EA EMPLOYE S -L DISEASE - POLICY LIMIT A : OTHERProfessional DPR9603317 01/10/2007 01/10/2008 S 2,000,000 per claimlannl aggrgte :Liability � DESCRIPTION OF OPERATI(NFSILOCATIONSIVEHir-LES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: City of Lubbock Fire Station X16 - "rhe claims made profess -conal liability coverage is the totallaggregate limit for all claims presented within the annual policy period and is subject to a deductible. Waiver of subrogation is included in the policy. ACORD 25-S (7197) - W P%'w vr.rvrv+, _ rte.... City of Lubbock - Purchasing Department SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Ates. George Liscnhe P 0 Box 2000 'S ". Lubbock I•a 74457 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SD SHALL IMPOSE NO OBLIGATION OR LLABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRE ENTATIVE$. AUTHORIZEDREPRESENTATNE ACORD 25-S (7197) - W P%'w vr.rvrv+, _ rte.... `Q Agenda Item #.## Contract Resolution - Fire : Consider a resolution authorizing the Mayor to execute an engineering services contract with Parkhill, Smith & Cooper for our Station No. 16. Item Summary Due to growth patterns of the city of Lubbock and response times from surrounding areas, the Lubbock Fire Department determined that a new fire station was required in this portion of the City. Vintage Township donated land in the subdivision for the construction of the fire station. Parkhill, Smith and Cooper (PSC) of Lubbock, Texas, was selected as the design firm to handle the architectural and engineering services for this project. PSC will implement the design work from previous fire stations in order to reduce costs and time in the pre -design aspects of this project. Fiscal Impact The new station will require annual operation and maintenance funds as well as personnel funds to staff the station for three shifts. Funds are currently approved through Capital Improvement Project 91181. Staff Submitting/Recommendation Rhea Cooper, Fire Chief The Facilities Management and Lubbock Fire Departments recommend that the City Council award this contract to Parkhill, Smith and Cooper to provide Archectural and Engineering services for the construction of new Fire Station No. 16, or such alternative action the City Council may deem appropriate City Council Meeting Agenda Item #.## Provide architectural and engineering service for the construction of a new Fire Station. This fire station will be #16 and located near 114th Street and Quaker .venue in the Vintage Township subdivision. Item Summary Due to growth patterns of the city of Lubbock and response times from surrounding areas, the Lubbock Fire Department determined that a new fire station was required in this portion of the city. Vintage Township donated land in the subdivision for the construction of the fire station. Parkhill, Smith and Cooper, Inc. (PSC) of Lubbock, Texas was selected as the design firm to handle the architectural and engineering services for this project. PSC will implement the design work from previous fire stations in order to reduce costs and time in the pre -design aspects of this project. Fiscal Impact The new station will require annual operation and maintenance funds as well as personnel funds to staff the station for three shifts. Funds are currently approved through CIP# 91181. Staff Submitting/Recommendation The Facilities Management and Lubbock Fire Departments recommend that the City Council award this contract to Parkhill, Smith and Cooper, Inc. to provide Archectural and Engineering services for the construction of new Fire Station #16, or such alternative action the City Council may deem appropriate City Council Meeting