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Resolution - 2006-R0503 - Amendment #1 To Agreement-BGR Architects Inc-Additional Services VIC, BH Center - 10/13/2006
Resolution No. 2006-80503 October 13, 2006 Item No. 5.35 RESOLUTION WHEREAS, the City of Lubbock (hereinafter "Owner") and BGR Architects, Inc., (hereinafter "Architect") heretofore on January 13, 2046, entered into an Agreement for architectural services with regard to renovation of existing space at the Buddy Holly Center for the purpose of constructing a visitor center; and WHEREAS, Owner requested additional services by Architect to produce additional drawings and specifications with regard to said project, which services were performed by Architect in accordance with the fee schedule attached hereto as Attachment A; and WHEREAS, said additional services require an amendment to the original Agreement for final payment in regard to the visitor center project to have been constructed at the Buddy Holly Center; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute an Amendment No. I to the architectural services contract by and between the City and BGR Architects, Inc., for additional services in regard to the proposed Visitor Information Center to have been constructed at Buddy Holly Center, a copy of which Amendment No. 1 and any associated documents is attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 13th of October , 2006. DAVID A. NdLLER, MAYOR ATTEST: Rebecca Garza, City Secretary APA VED AS TO C NTENT: Freddy Ch ez, Civic Se s Director APPROVED AS TO FO andOer-,ttorney bf Counsel DD/resBGRamendi VisCenRes September 29, 2006 Resolution No. 200&R0503 October 13, 2006 Item No. 5.35 AMENDMENT NO.1 TO AGREEMENT CITY OF LUBBOCK., TEXAS AND BGR ARCHITECTS, INC. FOR ARCHITECT SERVICES WHEREAS, the City of Lubbock (hereinafter "Owner") and BGR Architects, Inc. (hereinafter "Architect') heretofore on January 13, 2006, entered into an Agreement for architectural services with regard to renovation of existing space at the Buddy Holly Center for the purpose of constructing a visitor center; and WHEREAS, Owner requested additional services by Architect to produce additional drawings and specifications with regard to said project, which services were performed by Architect in accordance with the fee schedule attached hereto as Attachment A; and WHEREAS, said additional services require an amendment to the original Agreement, NOW THEREFORE: WITNESSETH THIS IS AN AMENDMENT TO THE AGREEMENT dated January 13, 2006 and entered into by and between CITY OF LUBBOCK, TEXAS hereinafter called "Owner" and BGR ARCHITECTS, INC, hereinafter called the "Architect", of 2118 34`x' Street. Lubbock, Texas a corporation duly chartered under the law of the State of Texas. The purpose of this amendment is to increase the Basic Compensation for additional professional services associated with the construction of a visitor information center at Buddy Holly Center. Basic Compensation is described in Attachment A. Executed in two counterparts (each of which is an original) on behalf of the Architect by its Vice President shown below and on behalf of the Owner by its Mayor (thereunto duly authorized) this 13th day of October , 2006. OWNER: ARCHITECT: CITY OF LUBBOCK BGR ARCHITECTS, INC. / By David A. Miller gs Mayor Vice President ATTEST: By Rebecca Garza City Secrctary APPROVED AS TO CONTENT: 1!� Freddy avez Civic Services Director DD/con/BGRconAmendNo 1 October 2, 2006 APPROVED AS TO FORM: �� a S - Resolution No. 2006-RO503 ATTACHMENT A TO AMENDMENT NOA TO AGREEMENT CITY OF LUBBOCK, TEXAS AND BGR ARCHITECTS, INC. FOR ARCHITECT SERVICES Owner: City of Lubbock, Texas Project: Architectural Services for the construction of a visitor information center at Buddy Holly Center. COMPENSATION ARTICLE 11 BASIS OF COMPENSATION: The Owner shall compensate the Architect as follows: 11.3 COMPENSATION FOR ADDITIONAL 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 be computed as follows: For other additional services: Principal or Project Manager $90.00 per hour Architect 80.00 per hour Technical I Lead CAD erator 55.00 per hour Technical II CAD Operator) 40.00 per hour Secreta /Clerical 35.00 Mech./Elect. Consulting Engineer Actual Cost to BGR plus 10% markup BGR Principal 4,735.00 Consulting Engineers 1,650.00 Additional Total $6,385.00 END ATTACHMENT A -- _..... Linda Hart - Agenda Item. Professional Services by BGR Page 1 From: Freddy Chavez To: LHart@maiI.ci.lubbock.tx.us. Date: 10/10/2006 9:18:10 AM Subject: Agenda Item: Professional Services by BGR Linda, The agenda item to amended the existing professional services contract between the CITY and BGR is necessary due to some additonal work being performed. The original agreement did not exceed the $25,000 threshold and therefore did not go before the City Council for approval. After the construction bid was awarded to Pharr & Co., CITY representatives instructed BGR to perform some additional work, this resulted in their total fee amount to exceed the original threshold, which places it in need of approval by the Ctiy Council. If you have any other questions on this matter please contact me at ext. 2236. thanks. Freddy Chavez Civic Services Director City of Lubbock 1501 Mac Davis Lane Lubbock, TX 79401 (806) 775-2236 CC: DebraJustice@mail.ci.lubbock.tx.us j 1997 AIA Document B151 - Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Thirteenth day of January in the year Two Thousand and Six (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) City of Lubbock Lubbock Civic Center 1501 Mac Davis Lane Lubbock, Texas 79401 Telephone Number: 806-775-2237 (Freddy Chavez) Telephone Number: 806-775-3000 (Main) and the Architect: {Name, address and other information) BGR Architects, Inc. 2.118 34th Street Lubbock Texas 79411-1734 Telephone Number: 806-747-3881 Fax Number: 806-747-8214 For the following Project; (Include detailed description of Project) Lubbock Visitor Center at the Buddy Holly Center 1801 Avenue G Lubbock, Texas 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 B151 Tr" —1997. Copyright d 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AV Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AfA'` 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 lazy. This document was produced by AIA software at 15:36:19 on 03/23/2006 under Order No.1000176990_1 which expires on 512!2006, and is not for resale. User Notes: (3127128078) ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. § 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. § 1.3 The Architect shall designate a 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 estimate of Construction Cost based on current area, volume or similar conceptual estimating techniques. § 2.3 DESIGN DEVELOPMENT PHASE § 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. § 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. § 2.4 CONSTRUCTION DOCUMENTS PHASE § 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. § 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 B151 T'" —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 AW 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 lazr. This document was produced by AIA software at 15:36c19 on 0312312006 under Order No.1000176990_1 which expires on 512!2006, and is not for resale. User Notes: (3127128078) T' § 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of 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 of 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 A2O1, 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 ornissions, 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. AYA Document B151 Tm —1997. Copyright 01974, 1978, 1987 and 1997 by The American Institute of Architects. Alt rights reserved. WARNING: This AYAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ate Document, Or 3 any portion of it, may result in severe civil and criminal penalties, and wilt be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:36:19 on 03/23/2006 under Order No.1000176990_1 which expires on 5/212006, and is not for resale. User Notes: (3127128078) § 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 have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have authority 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 td 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. § 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the AIA Document sI51 T" —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 AlAe Document, or 4 any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the lay. This document was produced by AIA software at 15:35:19 on 03123/2006 under Order No.1000176990_1 which expires on 5/2/2006, and is not for resale. User Notes. (3127128078) Contractor, and shall issue a final Certificate for Payment based upon a final inspection 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 malting 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 efk 2.6.5 is - - ' .eA. § 3.2.3 § 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 Bt51 TM —1997. Copyright 01974, 1978, 1987 and 1997 by The American Instilute 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 15:36:19 on 0312312006 under Order No.1 0001 76990_1 which expires on 502006, and is not for resale. User Notes: (3127128078) § 3.3.2 Providing services required because of significant changes in the Project including, but not litnited 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. § 3.4.10 Providing detailed estimates of 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 6151 TM —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 seveme civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AEA software at 15:36:19 on 03/23/2006 under Order No.1000176990_1 which expires on 51212006, and is not for resale. User Notes: (3127128078) § 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. § 3,4.16 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 B151 tM —1937. 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 7 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 1.5:36:19 on 03/23/2006 under Order No.1000176990_1 which expires on 51212006, and is not for resale. User Notes: (3127128478) § 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. ARTICLES 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 Architect. § 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 anti -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 estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of 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. § 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 AIA Document 13151 TM —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 favi. This document was produced by AIA software at 15.36:19 on 0312312006 under Order No.1000176990_1 which expires on 51212006, and is not for resaVe. User Notes: (3127128075) 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 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. ARTICLE 7 DISPUTE RESOLUTION § 7.1 MEDIATION §7.1,1 Any elaim, filing by mediatien or by ai-bitfadefk_ § 7.1.2 theffi by FRedilElki9a WWeh, 13-10-- th- -&F6 FRutuany agfee�ethefwise, shall be in meerdance with the Constfuetien industry �Aediatiea Rules of the Ameriean Arbitfation Asseriatien eufmady in egeet. Request fef media6o shag be AIA Document 8151 Tm —1997. Capyright 0 1974,197B, 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 9 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 11:49:49 on 0313012006 under Order No.1000176990_1 which expires on 502006, and is not for resale. User Notes: (4087761117) gs; § 7.1.3 The parties shall shafe the mediatof's fee filing fees equally. The mediation shall be hold in �he plaee where the Project is leeated, unless another leeation is mutually agreed upon. Agr-eefnenis feaehed in Fnediation shall § 7.2 ARBITRATION § 7.2.1Agreement Se :7. ,. § T.2.2 Claims, dispuies and other matters in question between the pa+ties that Effe net resolved by mediation shall deeided by arbitratien whieh, unless the pafties mutuafly agree et4epA,ise, shall be in aeeerdanoe with the afbitralliefi Shall b@ 440d in Wfitifi�, With the otlier paFty ta this Agreement and w4h the Anwrieaa Affbitratie § 7.2.3 A defaand fer arbitfatien shall be made within a feasaaable time after lihe eiaka, dispute of other fnattef- ifl question has afisen. in fie event shall the defaand feF afbil-a-ion 1— —4- hen institution ofl-l-, equitable b s based on such e;aiffl, dispute Of Oth@F matter in ques6en weuld be t ,rrac,ute SIIIIIT f A:...'tt �Y'�¢CZp [ij.. § 7.2.4 b speoific ref—erenee to this Agreement and signed by the Owner, AFehiteet, and an), athef pefsea or entity soug c any claiffl, dispute of ethe Aen fiet desefibed in like written canseni er with a pef5en G b b agreements b havingaeeerdanee widli applicable law in any eeurt § 7.2.5 b accefdanee with rrlieable law in ofeeupEju,-ee- § 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES damages of of b to this Agreement. This nniWai WaiVeF iS applieable, witheut liFnitation, to all consequential $ afoages due to either pafty's tef"nation in aeeerdanee with Agiele -9-- 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 rM —1997. Copyright m 1974, 1978, 1987 and 1997 by The American Institute of Architects. AIG rights reserved. WARNING: This AIAO Document is protected by U -S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A10 Document, or 10 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 dccument was produced by AIA software at 11:49:49 on 03/30/2406 under Order No.1000176990_1 which expires on 51212006, and is not for resaie. User Notes: (4087761117) § 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 Termination Expenses as defined in Section 8.7. § 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated: profit on the value of the services not performed by the Architect. 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 A20 I, General Conditions of the Contract for Construction, current as of the date of this Agreement. § 9.3 Causes of action between the .parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. § 9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other parry to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. § 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. AIA Document B151 TM —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 1 � any portion of it, may result in severe civil and criminal penaities, and will be prosecuted to the maximum extent passible under the law. This document was produced by AIA software at 15:3619 on 03/23/2005 under Order No.1000176990_1 which expires on 51212006, and is not for resale. User Notes: (3127128078) § 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 transportatidn 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 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; .8 other similar direct Project -related expenditures. § 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. § 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. 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 12 any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 15:36:19 on 03/23/2006 under Order No.1000176990_1 which expires on 502006, and is not for resale. User Notes: (3 1 271 2807 8) § 10.5 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. § 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: § 11.1 An Initial Payment of Zero Dollars 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.) Lump sum Professional fee in the amount of $21,299.00 -plus reimbursable and allowance expenses noted below: Out -of -Town Travel Allowance Not to Exceed $3,000-00 Visit Similar Facilities as Directed Historical Commission Meetings (Not to Exceed) $ 500.00 § 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: percent ( %m) Design Development Phase: percent ( %©) Construction Documents Phase: percent { %) Bidding or Negotiation Phase: percent ( %) Construction Phase: percent ( %) Total Basic Compensation one hundred 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: N/A § 11,32 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.) For Chane Order to the Owner — Contractor Agreement: Compensation to the Architect for additional services shall be based on eight percent (S%) of the cost of construction as described in 1.5.1. AIA Document B151TM —1997. Copyright © 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 Ale Document, or 13 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 15:36:19 on 03123/2006 under Order No.1000176990_1 which expires on 512,"2006, and is not for resale. User Notes: (3127128078) For other additional services Principal or Project Manager $90.00 Architect $80.00 Technical I (Lead CAD Operator) $55.00 Technical 11 (CAD Operator) $40.00 Secretary/Clerical $35.00 Mech./Elect. Consulting Engineer Actual Cost to BGR plus 10% markup § 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 ( 1.00 ) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. Cost of Accessibility Review and the printing of the plans and project manuals will be vaid for directly by the Owner. § 11.5 ADDITIONAL PROVISIONS § 11.5.1 If the Basic Services covered by this Agreement have not been completed within Twenty four ( 24 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as pr6vided in -Sections 10.3.3 and 11.3.2. § 11.5.2 Payments are due and payable Thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid Thirty (, 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in ,Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 11,53 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.) 2.9.1.1 The Texas Board of Architectural Examiner P.O. Box 12337 Austin Texas 78711-2337 Tel hone 512/305-9000, has Jurisdiction over individuals licensed under the Architect's Registration Law, Texas Civil Statutes Article 249a. 2.9.1.2 The provisions of this Agreement supersede all preliminm proposals and agreements. 2.9.1.3 The provisions in this Article 2.9 and any Addendums to this Contract prevail and control over other portions of the Contract. 2.9.1.4 The provisions of the Contract which have been deleted shall not be considered a part of the Contract for any purpose. 2.9.1.5 The Owner's representatives shall be Mr. Freddy Chavez who shall be empowered to receive all notices required by the Agreement Owner may designate other re resentadves not more than two (2), by giving notice in writing to Architect. 2.9.1.6 Any taxes or fees, enacted by local state or federal government subsequent to the date of this contract, and based on gross receipts or revenues will be added to amounts due under this contract in accordance with any such fees or taxes. AIA Document 8151 TAA — 1997. copyright m 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 Ale Document, or 14 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 AIR software at 15:36:19 on o3/2312006 under Carder Ne.1000176990_1 which expires on 5/2/2006, and is not for resale. User Notes: (3127128078) 2.9.1.7 Add the followirm to Article 2.6.2: 2.6.2.6 It is understood and agreed that Architect's basic services under this Agreement do not include full-time construction observation or review of the Contractor's performance. Owner acknowledges the importance of such services and should the Owner have such services performed by a party other than the Architect then the Owner shall assume res onsibili for interpretation of the contract documents and for construction observation and shall waive_ any claims against Architect that may be in any way connected thereto. 2.6.2.7 In addition if Architect does not perform full-time construction observation, the Owner shall, to the fullest extent 2grmitted by law, inderrmify and hold Architect harmless from any loss claim, or cost including reasonable attomey's fees and costs of defense arising or resulting from the erformance of such services by other Persons or entities and from any and all claims arising from modifications clarifications ince retations ad'ustments or changes made to the Contract Documents to reflect changed field or other conditions except for claims arising from the sole negligence of Architect. 2.9.1.8 Architect's Insurance Requirements: General Liability: Architect's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $500,000 each occurrence and in the agaregate and shall include the following; • Bodily Iniury and Property Damage • Broad Form Contractual Liability • Personal Iniury and Advertisin In' • Fire legal liability • Products. and completed operations Business Automobile Liability: Architect's insurance shall contain a combined single limit of at least $500,000 per occurrence and include coverage for but not limited to the following: • Bodily injury and property damage • Any and all vehicles owned, used or hired Workers' Compensation and Employers Liability Insurance: Architect shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further Architect shall maintain said coverage throughout the term of this Agreement and shall comply with all provision of Title 5 of the Texas Labor Code to ensure that the Architect maintains said coverage Any termination of workers' compensation insurance coverages Architect or any cancellation or non -renewal of workers' compensation insurance coverage for the Architect shall be a material breach of this contract. The architect may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation In either event the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. EMployer's Liability with limits of at least $500,000 each accident $500.000 by disease oolicy limit, and $500,000 by disease each employee shall aIso be obtained and maintained throughout the term of this Lease. Other Insurance Requirements: Architect's insurance policies through policy endorsement must include wording, which states that the policy shall be vrimM and non-contributory with respect to any insurance carried by City of Lubbock. The certificate of insurance described below must reflect that the above wording is included in evidenced policies. AIA document 8151 TM—1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Dotument is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AlAe Document, or 15 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 15:36:19 on 03/2312006 under Order No.1000176990_1 which expires on &&2006, and is not for resale. User Notes: (3127128078) For the City of Lubbock, Texas Approved As to Content: This Agreement entered into as of the day and year fust written above. 0.WWR `_ ARC E (signature) ly (Signatu Fr ddy Chavez Civic Services Director NEke Brius, (Printed name and title): (Printed name and title) Approved A; to Form; r � I Afromey r Victor Klman Director of Puich in -and Cont act Manager acs "Kr.Y' w 75 4 4 AIA Document 8151 TY —1997. Copyright 0 1974, 1978, t 987 and 1997 by The American Institute of Architects. All rights reserved, WARNING: This AIAa Document is protected by U -S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or 16 any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 15:36:19 on 03/2312006 under Order No.1000176990_1 which expires on 51212006, and is not for resale. User Notes: {3127128078} i Certification of Document's Authenticity AW Document D401 Tm — 2003 1, Lesa Reed, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 15:36:19 on 03/23/2005 under order No. 1000176990-1 from ALA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B 151Tm – 1997 - Abbreviated Standard Form of Agreement Between Owner and Architect, as published by the AIA in its software, other than changes shown in the attached final document by underscoring. added text and striking over deleted text. C— (Signed) Accounting and Human Resources Director (Title) March 23, 2006 (Dated) AJA Document D401171— 2003. Copyright ®1942 and 2003 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 15:36:19 on 0312W2006 under Order No.1000176990_1 which expires on 51212006, and is not for resale. User Notes: (3127128078) OCT -04-2006 14:47 FRON:J E NURFEE 6OS7630963 T0:8067478214 P.2/2 ACORa. CERTIFICA7. :, OF LIABILITY INSURA E 9/1/200/20014fYYY) 119/6 0 PRODUCER .1. E. Mutfee & Son THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1310 Texas Avenue Lutbock TX 79401 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSR D' POLICY NUMBER POLICY EFFECTNE POLICY "PIPATION LIMITS INSURERS AFFORDING COVERAGE NAIC # INSURED BGR Architects, Inc, ._. _.. INSURERA. Travelers I.,loyds Insurance Co. 43ENCRAL LIABILNTY 166G&32E2665TLC06 09/01/2006 09101/2007 INSURER B: TTavclers Ind. of'Anwhca S ,000,0 2118 34th Sr DAMAGE TO RFNT� Lubbock "1X 79411 INSURER .PREMLSES.{Eaocc:u aftcs) ..., MED EAF(Any one pemnj5,000 PERSONAL & ADV INJURY M5URER D - – GENERAL AGGREGATE INSURER E: A.+—e w THE POLICIES 01= INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREM[:NT, 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 SUS. ECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Y.Q. Box 2000 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL INSR D' POLICY NUMBER POLICY EFFECTNE POLICY "PIPATION LIMITS REPRESENTATIVES. l 0 43ENCRAL LIABILNTY 166G&32E2665TLC06 09/01/2006 09101/2007 EACH OGGURRENCE S ,000,0 X DAMAGE TO RFNT� S. 100,000 COMMERCIAL GENERAkL,. L��IABILIiY CLAIMS MADE OCCUR .PREMLSES.{Eaocc:u aftcs) ..., MED EAF(Any one pemnj5,000 PERSONAL & ADV INJURY – GENERAL AGGREGATE S 2,000,000 GF,N'L AC 3REEA_TE LIMIT APPLIES PER: PRODUCTS • G_OMPNTP AGG S� _H.XCIuded P LI"Y PRC) LOC _. A AUTOMQFALE LABILITY 1660632C2665TLC66 '` 09/0112006 ��11 09/0l/2007 COMBINED SINGLE LIMIT S 1,000,000 (E;. atndeni)---.._..--'-'-.-- ANY AUTO) ALL OWNED AUTOS BODILY INJURY 5 SCKOULED AUTOS (Per person) X HIRFOAUTOS SODILY INJURY X{Per NON OWNED AUTOS I 91$ PROPERTY DAMAGE _ — ...... {Per ��cldCnl) 13ANAGE I-IABILITY AUTO ONV_Y - EA ACCIDENT S OTHFR THAN EA ACC S-7 _,,.. ANY UfTO AUTO ONLY` AGG EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE S AFGRECATF, OCC JR I, I CLAIM3MADE DEDI LCTIBLE S RF.TI[NTI N - -- B IHLIK77W72YAI)6 09/01/2006 09/01/2007 X ,Wc YTATU ER WORKERS COM PENSATION AND 1. 000,000 EMPLOYERS' LIABILITY E L. EACH ACCIfItNT , ANY PROPRIE TCRIPARTNEWEXGCUTIVC 1 1101};1100 OFF3C£RMEMB€ R E7IGLUDEDP E L�OISFA$F C.L. DISEAS[ - POLI V LIMB 1,000,1100 11 E.IleSwbeIi21r OTHER OfFSCRIPTIOR OR OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADOEO BY ENDORSEMENT! SPECIAL PROVISIONS Additional insured m3orsement attached to the GL PO IICY and such inSUTance shall he on a primary & nota -contributory basis - Waiver of subrogation endorsenTcrnt attacl cd to the GL & WC policies in favor of the certificate holder. recTlelrere Wf%i neo CANCELLATION ACORD 25 (200+105) v C ACORD CORPORATION 1935 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 9EFOpf, THE EkPIRATION 11 Ciry Irl uhhock DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MALL DAYS WRITTEN Y.Q. Box 2000 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL I. AihI, 1Gk TX 79408 IMPOSE NO OBLIGATNON 0A LIAWLITY OF ANY KINo UPON THE iNSVREA, IYS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (200+105) v C ACORD CORPORATION 1935