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Item 4C Memo
CITY OF SOUTHLAKE Item 4C MEMORANDUM (December 7, 2021) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Approve an Architectural/Engineering Services Agreement with RPGA Design Group, Inc. (RPGA) to provide design services for the Public Safety Training Tower project in an amount not to exceed $400,000. Action Requested: Approve an Architectural/Engineering Services Agreement with RPGA Design Group, Inc. (RPGA) to provide design services for the Public Safety Training Tower project in an amount not to exceed $400,000. Information: The current Service Center facility, located on East Continental Boulevard, will be relocated to Brumlow Avenue, where the City had acquired property for its construction. At the same Brumlow property, a portion of it will be designated for this Public Safety Training Tower. Currently, the Police Department uses a makeshift structure in the basement of DPS Headquarters for training. While the Fire Department trains outside of city limits in Fort Worth, resulting in increased overtime costs due to local shift coverage needs while crews are out of town. The Public Safety Training Tower will be a four-story facility with roof access and classroom to provide local training space. The Police Department will use the facility for training and programs such as, use of force decision making, Less - Than -Lethal munitions, active shooter, K-9 handling, and the DPS Youth and DPS Leadership academies. The facility will also provide space for additional uses for other City departments such as the Fire Department for single and multi -company live -fire training within the city limits and Public Works for confined space training. The scope of services includes design of the Public Safety Training Tower, assist with the selection of a general contractor, structural engineering, all site and building engineering, utility surveying, environmental assessment, and construction phase services. Page 1 of 2 Item 4C Financial Considerations: Funding for this agreement is budgeted as part of the approved Capital Improvement Program. This agreement is within the project budget. Strategic Link: This item links to the City's Strategy Map strategic focus areas of Safety & Security, Infrastructure, and Performance Management & Service Delivery. It specifically relates to the City's Corporate Objectives, Cl: Achieve The Highest Standards Of Safety & Security, and F2: Invest To Provide & Maintain High Quality Public Assets. The Critical Business Outcome is, CBO3: Engage In Thoughtful Planning To Ensure Continued High Quality Development That Is Integrated Well Into The Current Built Environment. Citizen Input/ Board Review: None. Legal Review: The proposed agreement has been reviewed and approved by the City Attorney. Alternatives: The City Council may approve or deny the agreement. Staff Recommendation: Approve an Architectural/Engineering Services Agreement with RPGA Design Group, Inc. (RPGA) to provide design services for the Public Safety Training Tower project in an amount not to exceed $400,000. Supporting Documents: Attachment A: Architectural/Engineering Services Agreement Staff Contact: Rob Cohen, Director of Public Works Page 2 of 2 Attachment A AIA Document B1 33- — 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition MENT made as of the Seventh day of December in the year Two Thousand words, indicate day, month, and year.) in identified as the Owner: and other information) 016 d other information) ,ral Corporation 00 77 (Name, location, and detailed description) City of Southlake Training Tower at The Municipal Operations Center Southlake, Texas New 4 Story Training Tower approximately 7,535 square feet at The Municipal Service Center located within the Service Yard on approximately 12.938 acres on Brumlow Ave. in Southlake, 'Texas. The Construction Manager (if known): (Name, legal status,address, and other information) TBD The Owner and Architect agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A201-2017TM, General Conditions of the Contract for Construction; A133-2019TM Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price; and A134-2019TM Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price. AIA Document A201 TM-2017 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only / be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES SUPPLEMENTAL AND ADDITIONAL SERVICES LITIES NSION SIONS CONDITIONS 41TIAL INFORMATION ;ement is based on the Initial Information set forth in this Section 1.1. in this section, insert the information or a statement such as "not applicable" or "unknown at time of ogram for the Project: gram, identify documentation that establishes the Owner's program, or state the manner in which eloped.) will be based on the Needs Assessment from 2009 that will be updated and Validated via •e Chief, Police Chief, and Director of Public Works. § 1.1.2 The Project'.s physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) The site is an "L" shaped site located at 1630 Brumlow Avenue that is 12.938 acres that lies within a floodplain along its eastern boundary s budget for the Cost of the Work, as defined in Section 6.1: if known, a line -item breakdown.) Approximately $3,700,000.00 Dollars (Three Million Seven Hundred Thousand Dollars) for the Total Project Budget. Construction Cost Budget is $2,647,303.00 (Two Million Six Hundred Forty -Seven Thousand Three Hundred and Three Dollars) and $132,365.00 (One Hundred Thirty -Two Thousand Three Hundred and Sixty -Five Dollars) as the Owner's Construction Contingency. Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 2 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only / be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: TBD .2 Construction commencement date: TBD .3 Substantial Completion date or dates: dates: a Construction Manager pursuant to the following agreement: A133-2019, Standard Form of Agreement Between Owner and Construction Manager vhere the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed t A 134-2019, Standard Form of Agreement Between Owner and Construction Manager where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed 'or accelerated or fast -track design and construction, or phased construction are set Jowing representative in accordance with Section 5.4: act information) 7, (817) 748-8216 Email Address: rcohengci.southlake.tx.us/mestepagci.southlake.tx.us § 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information) "M AIA Document B133" —2019. Copyright@ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," Init. "AIA," the AA Logo, and "AA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:06:00 ET on 11/30/2021 under Order No.1 554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) § 1.1.10 The Architect as requested by the Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Construction Manager: (The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement, state the anticipated date of retention. If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1) :S .2 Lane Inc. General Corporation .5 Other consultants and contractors: (List any other consultants and contractors retained by the Owner.) .11 The Architect id( Fort Worth, Texas ) Telephone Number: Fax Number: 817-3 representative in accordance with Section 2.4: § 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address, and other contact information.) § 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: R.L. Woods and Associates, LLC, Limited Liability Company Renate' L. Wods, PE 1151 W. Pioneer Pkwy. Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 4 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only / be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) Arlington, Texas 76013 Telephone Number: 817-277-6686 Mechanical Engineer: Wells Doak Engineers, Inc. Duran Doak, PE 2800 S Hulen #212 Fort Worth, Texas 76109 Telephone Number: 817-920-9545 Electrical Engineer: Wells Doak Engineers, Inc. Myles Wells, PE 2800 S Hulen #212 Fort Worth, Texas 76109 Telephone Number: 817-920-9545 sultants retained under Supplemental Services: i/Telecommunications, Audiovisual, and Video Surveillance & Access Control Associates 817.874.7116 § 1.1.13 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Infortnationmay materially; change, and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material chanses in the Initial Information. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203T14-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202TM-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement or shallcause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. The § 26.5 Million § 2.6.6 with po 2,000,0 ovide its services in conjunction with the services of a Construction Manager as described in Section 1.1.5. The Architect shall not be responsible for actions taken by the Construction a representative authorized to act on behalf of the Architect with respect to the Project. ledge and consent, the Architect shall not engage in any activity, or accept any that would reasonably appear to compromise the Architect's professional judgment shall maintain the following insurance until termination of this Agreement. If any of the -e in addition to the types and limits the Architect normally maintains, the Owner shall pay tion 11.9. with policy limits of not less than One Million Dollars ($ 1,000,000.00 ) for each ($ 1,000,000.00 ) in the aggregate for bodily injury and property damage. vehicles owned, and non -owned vehicles used, by the Architect with policy limits ($ 1,000,000.00 ) per accident for bodily injury, death of any person, and property maintenance and use of those motor vehicles, along with any other statutorily Zieve the required limits and coverage for Commercial General Liability and Automobile on of primary and excess or umbrella liability insurance, provided such primary and excess policies result in the same or greater coverage as the coverages required under in no event shall any excess or umbrella liability insurance provide narrower coverage than Is policy shall not require the exhaustion of the underlying limits only through the actual limits. policy limits not less than One Million Dollars ($ 1,000,000.00 ) each accident, One ) each employee, and One Million Dollars ($ 1,000,000.00 ) policy limit. )ility covering negligent acts, errors, and omissions in the performance of professional services less than Two Million Dollars ($ 2,000,000.00 ) per claim and Two Million Dollars ($ § 2.6.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and: completed operations. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6. Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 6 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager, and the Owner's consultants. The Architect shall be entitled to reasonably rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner, the Construction Manager, and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. .3 As soon as practicable after the date of this Agreement, the Architect shall submit, for the Construction Manager's w and the Owner's approval, a schedule for the performance of the Architect's services. The schedule shall include n phase milestone dates, as well as the anticipated dates for the commencement of construction and for Substantial 31etion of the Work as "set forth in the Initial Information. The schedule shall include allowances for periods of time red for the Owner's review, for the Construction Manager's review, for the performance of the Construction tger's @reconstruction Phase services, for the performance of the Owner's consultants, and for approval of issionsby authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by ,hedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, rchitect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. it information to the Construction Manager and participate in developing and revising the ie Architect's services. The Architect shall review and approve, or take other appropriate roject schedule relating to the performance of the Architect's services. t be responsible for an Owner's directive or substitution, or for the Owner's acceptance of or given without the Architect's written approval. with the Construction Manager, contact governmental authorities required to pities providing utility services to the Project. The Architect shall respond to those authorities and entities. ,ct shall assist the Owner and Construction Manager in connection with the Owner's responsibility for z-quired for the approval of governmental authorities having jurisdiction over the Project. § 3.1.8 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, or the Owner's approval of the Construction Manager's Control Estimate, as applicable, the Architect shall consider the Construction Manager's requests for substitutions and, upon written request of the Construction Manager, provide clarification or interpretations pertaining to the Drawings, Specifications, and other documents submitted by the Architect. The Architect and Construction Manager shall include the Owner in communications related to substitution requests, clarifications, and interpretations. § 32 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate § 32.1 At a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager shall prepare, for review by the Owner and Architect, and for the Owner's acceptance or approval, a Guaranteed Maximum Price proposal, or Control Estimate. The Architect shall assist the Owner in reviewing the Construction Manager's proposal or estimate. The Architect's review is not for the purpose of discovering errors, omissions, or inconsistencies; for the assumption of any responsibility for the Construction Manager's proposed means, methods, sequences, techniques, or procedures; or for the verification of any estimates of cost or estimated cost proposals. In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented, the Architect shall promptly notify the Owner and Construction Manager. Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 7 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) § 3.2.2 Upon authorization by the Owner, and subject to Section 4.2.1.14, the Architect shall update the Drawings, Specifications, and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. § 3.3 Schematic Design Phase Services § 3.3.1 The Architect shall review the program, and other information furnished by the Owner and Construction Manager, and shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Project site, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. -bitect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or ing services that may be reasonably needed for the Project. t its preliminary evaluation to the Owner and Construction Manager and shall discuss Manager alternative approaches to design and construction of the Project. The Architect the Owner regarding the requirements of the Project. rements agreed upon with the Owner, the Architect shall prepare and present, to the , for the Owner's approval, a preliminary design illustrating the scale and relationship of oval of the preliminary design, the Architect shall prepare Schematic Design �ger's review and the Owner's approval. The Schematic Design Documents shall ments including a site plan, if appropriate, and preliminary building plans, sections, and combination of study models, perspective sketches, or digital representations. Ming systems and construction materials shall be noted on the drawings or described in .sider sustainable design alternatives, such as material choices and building orientation, is based on program and aesthetics, in developing a design that is consistent with the budget for the Cost of the Work. The Owner may obtain more advanced sustainable al Service under Section 4.1. ;t shall consider with the Owner and the Construction Manager the value of alternative materials, equipment, together with other considerations based on program and aesthetics, in developing a that is consistent with the Owner's program, schedule, and budget for the Cost of the Work. shall submit the Schematic Design Documents to the Owner and the Construction Manager. The pith the Construction Manager to review the Schematic Design Documents. § 3.3.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4 and request the Owner's approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate the required revisions in the Design Development Phase. § 33.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the Architect shall be entitled to reasonably rely on the accuracy of the estimates of the Cost of the Work, which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. § 3.4 Design Development Phase Services § 3.4.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval. The Design Development Documents shall be based upon information provided, and estimates prepared by, the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 8 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.42 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Design Development Documents. Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design pment Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's it of the Design Development Documents. s Phase Services approval of the Design Development Documents, and on the Owner's authorization of any firements and the budget for the Cost of the Work, the Architect shall prepare Construction in Manager's review and the Owner's approval. The Construction Documents shall I er development of the approved Design Development Documents and shall consist of eating forth in detail the quality levels and performance criteria of materials and systems and struction of the Work. The Owner and Architect acknowledge that, in order to perform the -1 -1;" provide additional information, including Shop Drawings, Product Data, Samples e Architect shall review in accordance with Section 3.6.4. the design requirements of governmental authorities having jurisdiction over the Construction Documents, if requested by the Owner, the Architect shall assist the he development and preparation of (1) the Conditions of the Contract for and other Conditions) and (2) a project manual that includes the Conditions of the cations and may include sample forms. construction Documents Phase, the Architect shall submit the Construction struetion Manager. The Architect shall meet with the Construction Manager to on Manager's information and estimate at the conclusion of the Construction take action as required under Section 6.7 and request the Owner's approval of the administration of the Contract between the Owner and the Construction Manager as A201 TM-2017, General Conditions of the Contract for Construction. If the Owner A Document A201-2017, those modifications shall not affect the Architect's the Owner and the Architect amend this Agreement. The term "Contractor" as used ction Manager. rchitect's responsibility to provide Construction Phase Services commences upon action Manager's Guaranteed Maximum Price proposal, the Owner's approval of the Construction Manager's Control Estimate, or by a written agreement between the Owner and Construction Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval. Subject to Section 4.2, and except as provided in Section 3.6.6.5, the Architect's responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. § 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA g software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) responsible for the Construction Manager'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 Construction Manager or of any other persons or entities performing portions of the Work. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed 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. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Construction Manager, and (3) defects and deficiencies observed in uthority to reject Work that does not conform to the Contract Documents. Whenever the or advisable, the Architect shall have the authority to require inspection or testing of the visions of the Contract Documents, whether or not the Work is fabricated, installed, or -*.horny of the Architect nor a decision made in good faith either to exercise or not to e to a duty or responsibility of the Architect to the Construction Manager, is or employees, or other persons or entities performing portions of the Work. t and decide matters concerning performance under, and requirements of, the est of either the Owner or Construction Manager. The Architect's response to such hin any time limits agreed upon or otherwise with reasonable promptness. is of the Architect shall be consistent with the intent of, and reasonably inferable fall be in writing or in the form of drawings. When making such interpretations and )r to secure faithful performance by both Owner and Construction Manager, shall not rt be liable for results of interpretations or decisions rendered in good faith. The n matters relating to aesthetic effect and Owner's decision shall be final if consistent ract Documents ;truction Manager designate another person to serve as an Initial Decision Maker, as it'A201-2017, the Architect shall render initial decisions on Claims between the provided in the Contract Documents. Construction Manager and certify the amounts due the Construction Manager and shall issue certificates in ication for payment shall constitute a representation to the Owner, based on the s provided in Section 3.6.2 and on the data comprising the Construction Manager's best of the Architect's knowledge, information and belief, the Work has progressed [he Work is in accordance with the Contract Documents, and that the Construction amount certified. The foregoing representations are subject to (1) an evaluation of ,ontract Documents upon Substantial Completion, (2) results of subsequent tests and leviations from the Contract Documents prior to completion, and (4) specific itect. § 3.6.3.2 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 suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment, or (4) ascertained how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 10 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager's submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing., sufficient time, in the Architect's professional judgment, to permit adequate review. The Architect shall review and approve, or take other appropriate action upon, the Construction Manager's s such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for tnce with information given and the design concept expressed in the Contract Documents. Review of such s is not for the purpose of determining the accuracy and completeness of other information such as dimensions, and installation or performance of equipment or systems, which are the Construction Manager's responsibility. 6tect's review shall not constitute approval of safety precautions or construction means, methods, techniques, s, or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which is specifically require the Construction Manager to provide professional design services ssional related to systems, materials, or equipment, the Architect shall specify the gn criteria that such services must satisfy. The Architect shall review and take ngs and other submittals related to the Work designed or certified by the Construction ovided the submittals bear such professional's seal and signature when submitted to the shall be for the limited purpose of checking for conformance with information given in the Contract Documents. The Architect shall be entitled to reasonably rely upon, and lequacy and accuracy of the services, certifications, and approvals performed or 4.2, the Architect shall review and respond to requests for information about the Contract ihall set forth, in the Contract Documents, the requirements for requests for information. all include, at a minimum, a detailed written statement that indicates the specific Drawings or trification and the nature of the clarification requested. The Architect's response to such riting within any time limits agreed upon, or otherwise with reasonable promptness. If all prepare and issue supplemental Drawings and Specifications in response to the requests 1Vl 1};1V1111U.I.1V11. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execration in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § -3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and received from the Construction Manager; and .4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect's knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 11 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to (1) check conformance of the Work with the requirements of the Contract Documents and (2) verify the accuracy and completeness of the list submitted by the Construction Manager of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Construction Manager, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. The Architect shall forward to the Owner the following information received from the Construction Manager: (1) of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) s, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other Ztation required of the Construction Manager under the Contract Documents. er, and prior to the expiration of one year from the date of Substantial Completion, the compensation, conduct a meeting with the Owner to review the facility operations and AND ADDITIONAL SERVICES are not included in Basic Services but may be required for the Project. The Architect ntal Services only if specifically designated in the table below as the Architect's 11 compensate the Architect as provided in Section 1.1.2. Unless otherwise specifically -ither the Owner nor the Architect is designated, the parties agree that the listed provided for the Project. mental Services and the Owner's Supplemental Services required for the Project by )r Owner shall be responsible for providing the identified Supplemental Service. Insert a ,'ervices in Section 4.1.2 below or attach the description of services as an exhibit to this Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 12 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only / be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) Supplemental Services Responsibility Architect, Owner, or notprovided) 4.1.1.1 Assistance with Selection of Construction Manager Architect 4.1.1.2 ` Validate/Update Existing Programming Architect 4.1.1.3 Multiple Preliminary Designs Architect 4.1.1.4 Measured drawings Not Provided 4.1.1.5 Existing facilities surveys Owner 4`.1.1.6 Site evaluation and planning Architect 41.1.7 Building Information Model management responsibilities Not Provided § 41.1.8 Development of Building Information Models for post construction use Not Provided 4.1.1.9 Civil engineering Architect 4.1.1.10 Landscape design ': Architect 4.1.1.11 Architectural interior design Architect 4.1.1.12 Value analysis Not Provided 4.1.1.13 Cost estimating Owner 4.1.1.14 On -site `project representation Architect 4.1.1.15 Conformed documents for construction Architect 4.1.1.16 As -designed record drawings Architect 4.1.1.17 As -constructed record drawings Mark ups by CMAR Architect 4.1.1.18 Post -occupancy evaluation Architect 4.1.1.19 Facility support services Owner 4.1.1.20 Tenant -related services Not Provided 4.1.1.21 Architect's coordination of the Owner's consultants Architect 4.1.1.22 ' Telecommunications/data design Architect 4.1.1.23 Security evaluation and planning Architect 4.1.1.24 Commissioning Owner 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided 4.1.1.26 Historic ` reservation Not Provided 4.1.1.27 Furniture, furnishings, and equipment design Architect 4.1.1.28 Other services providedb specialty Consultants Architect 4.1.1.29 Other Supplemental Services Architect § 4.1.2 Description of Supplemental Services §,4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. (Describe in detail the Architect's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect's Services documents that can be included as an exhibit to describe the Architect's Supplemental Services.) Civil Engineer, Geotechnical Engineer, Low Voltage Consultant § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. (Describe in detail the Owner's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 13 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only / be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) Existing Facility Surveys, Cost Estimating, Facility Support Services, Commissioning § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E234TM-2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 1.1.2.____ § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the § 42.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: .1 - Services necessitated by a change in the Initial Information, previous instructions or recommendations given by the Construction Manager or the Owner, approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner's schedule, or budget for Cost of the Work, or bid packages; in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section 6.7), when such revisions are required because the Construction Manager's estimate of the Cost of the Work, Guaranteed Maximum Price proposal, or Control Estimate exceeds the Owner's budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes, or equipment; .3 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors, or to other Owner- authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction: Manager; .8 Preparation for, and attendance at, a public presentation, meeting or hearing; .9 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Architect; .12 Services necessitated by replacement of the Construction Manager or conversion of the Construction Manager as constructor project delivery method to an alternative project delivery method; .13 ` Services necessitated by the Owner's delay in engaging the Construction Manager; .14 Making revisions to the Drawings, Specifications, and other documents resulting from agreed -upon assumptions and clarifications included in the Guaranteed Maximum Price Amendment or Control Estimate; and .15 Making revisions to the Drawings, Specifications, and other documents resulting from substitutions included in the Guaranteed Maximum Price Amendment or Control Estimate. § 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect's notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner's determination. The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice: Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 14 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) .1 Reviewing a Construction Manager's submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Construction Manager's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Construction Manager from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Construction Manager -prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders, and Construction Change Directives that require evaluation of the Construction Manager's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or .5 Evaluating substitutions proposed by the Owner or Construction Manager and making subsequent revisions to Instruments of Service resulting therefrom. le Construction Phase Services exceeding the limits set forth below as Additional are reached, the Architect shall notify the Owner: ws of each Shop Drawing, Product Data item, sample and similar submittals of the s to the site by the Architect during construction ,tions for any portion of the Work to determine whether such portion of the Work is ete in accordance with the requirements of the Contract Documents for any portion of the Work to determine final completion § 4.2.4 Except for services those services that do not exceed the limits set forth in Section 4.2.3, Construction t 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date -d in the agreement between the Owner and Contractor, whichever is earlier, shall be ,s to the extent the Architect incurs additional cost in providing those Construction greement have not been completed within Thirty -Six ( 36 months of the date of Architect, extension of the Architect's services beyond that time shall be this Agreement, the Owner shall provide information in a timely manner on the Project, including a written program which shall set forth the Owner's .a, including space requirements and relationships; flexibility; expandability; luirements. lion Manager to provide services, duties, and responsibilities as described in the ner's budget for the Project, including (1) the budget for the Cost of the Work as other costs; and (3) reasonable contingencies related to all of these costs. The for the Project as necessary throughout the duration of the Project until final ncreases or decreases the Owner's budget for the Cost of the Work, the Owner ion Manager. The Owner and the Architect, in consultation with the Construction -esponding change in the Project's scope and quality. ccelerated, phased, or fast -track scheduling provides a benefit, but also carries de the Owner incurring costs for the Architect to coordinate and redesign portions nstalling elements of the Project prior to the completion of all relevant :he Construction Manager to remove and replace previously installed Work. If the Est -track scheduling, the Owner agrees to include in the budget for the Project osts. § 5.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 15 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) Owner shall furnish surveys to describe physical characteristics, legal limitations, and utility locations for the r Project, and a written legal description of the site. The surveys and legal information shall include, as e, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; Irainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and of the site; locations, dimensions, and other necessary data with respect to existing buildings, other rents and trees; and information concerning available utility services and lines, both public and private, above v grade, including inverts and depths. All the information on the survey shall be referenced to a Project The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. If the Owner identified aSustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in 3ocument E234TM 2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to the services of its own consultants with those services provided by the Architect. Upon shall furnish copies of the scope of services in the contracts between the Owner and the ;hall furnish the services of consultants other than those designated as the responsibility or authorize the Architect to furnish them as an Additional Service, when the Architect strates that they are reasonably required by the scope of the Project. The Owner shall ;tractors maintain insurance, including professional liability insurance, as appropriate to inspections and reports required by law or the Contract Documents, such as tests, tests for air and water pollution, and tests for hazardous materials. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be ibly necessary at any time for the Project to meet the Owner's needs and interests. The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes Aany fault or defect in the Project including errors, omissions, or inconsistencies in the Architect's Instruments of § 5.13 The Owner shall include the Architect in all communications with the Construction Manager that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.14 The Owner shall coordinate the Architect's duties and responsibilities set forth in the Agreement between the Owner and the Construction Manager with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager, including the General Conditions of the Contract for Construction. § 515 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. § 5.16 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager's general conditions costs, overhead, and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 16 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) compensation of the Construction Manager for Preconstruction Phase services; the costs of the land, rights -of -way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. ►wner's budget for the Cost of the Work is provided in the Initial Information and shall be adjusted throughout as required under Sections 5.3 and 6.4. Evaluations of the Owner's budget for the Cost of the Work represent it's judgment as a design professional. The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or iating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to sably rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the ings, Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness paring cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may v the Construction Manager's estimates solely for the Architect's guidance in completion of its services, however, rchitect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. ing cost estimating services as a Supplemental Service, and a discrepancy exists between estimates and the Architect's cost estimates, the Architect and the Construction Manager the cost estimates. the Design Development Phase, the Construction Manager's estimate of the Cost of the for the Cost of the Work, the Architect, in consultation with the Construction. Manager, dations to the Owner to adjust the Project's size, quality or budget for the Cost of the -ate with the Architect in making such adjustments. § 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.3, the Architect, without additional compensation, shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5.1. The Architect's revisions in the Construction Documents Phase shall be the limit of the Architect's responsibility under this Article 6. § 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any required revisions to the Drawings, Specifications or other documents necessitated by the Construction Manager's subsequent cost estimates, the Guaranteed Maximum Price proposal, or Control Estimate that exceed the Owner's budget for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and :the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. 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. Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 17 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and elusively for purposes of constructing, using, maintaining, altering, and adding to the Project, provided that the Owner bstantially performs its obligations under this Agreement, including prompt payment of all sums due, pursuant to -ticle 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants nsistent with this Agreement. The license granted under this section permits the Owner to authorize the Construction anager, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner's consultants and separate contractors, reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully urinates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. 1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, wrier releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. )wner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third n or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this )n 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause § 7.4 Except for the licenses granted in this Article 7, 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. 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. § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 < CLAIMS AND DISPUTES e n w shall commence all claims and causes of action against the other and arising out of or rr in contract, tort, or otherwise, in accordance with the requirements of the binding d in this Agreement and within the period specified by applicable law, but in any case, ate of Substantial Completion of the Work. The Owner and Architect waive all claims �ed.in.accordance with this Section 8.1.1. 11 indemnify and hold the Owner and the Owner's officers and employees harmless from and nd judgments arising from claims by third parties, including reasonable attorneys' fees and erapplicable law, but only to the extent they are caused by the negligent acts or omissions of the and its consultants in the performance of professional services under this Agreement. The Indemnify and hold the Owner and the Owner's officers and employees harmless does not Waive consequential damages for claims, disputes, or other matters in question arising ,nt. This mutual waiver is applicable, without limitation, to all consequential damages of this Agreement, except as specifically provided in Section 9.7. 8.2.1 Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be subject to -diction as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising t of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes, and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 18 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place the Project is located unless another location is mutually agreed upon. Agreements reached in mediation shall be -able as settlement agreements in any court having jurisdiction thereof. If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute to Section 8.3 of this Agreement court of competent jurisdiction select a method of binding dispute resolution, or do not subsequently agree in writing to )d other than litigation, the dispute will be resolved in a court of competent jurisdiction. isions of this Article 8 shall survive the termination of this Agreement. PION OR SUSPENSION :o make payments to the Architect in accordance with this Agreement, such failure shall be )nperformance and cause for termination or, at the Architect's option, cause for suspension of under this Agreement. If the Architect elects to suspend services, the Architect shall give seven Ee Owner before suspending services. In the event of a suspension of services, the Architect shall )wrier for delay or damage caused the Owner because of such suspension of services. Before owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the ,ion of the Architect's services. The Architect's fees for the remaining services and the time § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. )hen 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. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement 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. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 40 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination and Reimbursable Expenses incurred. (Paragraphs deleted) § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are rth in Article 7 and Section 9.7. SOUS PROVISIONS be governed by the laws of the State of Texas, and mandatory and exclusive venue for any rict court in the county in which the Owner's main administrative office is located. lent shall have the same meaning as those in AIA Document A201-2017, General Conditions lion, including such amendments attached hereto, except as modified in this Agreement. The A201-2017 shall mean the Construction Manager. respectively, bind themselves, their agents, successors, assigns, and legal representatives xner nor the Architect shall assign this Agreement without the written consent of the assign this Agreement to a lender providing financing for the Project if the lender agrees obligations under this Agreement, including any payments due to the Architect by the :s the Architect to execute certificates, the proposed language of such certificates shall be days prior to the requested dates of execution. If the Owner requests the d to facilitate assignment to a lender, the Architect shall execute all such provided the proposed consent is submitted to the Architect for review at hall not be required to execute certificates or consents that would require the scope of this Agreement. I create a contractual relationship with, or a cause of action in favor of, a ent, the Architect shall have no responsibility for the discovery, presence, Fpersons to, hazardous materials or toxic substances in any form at the fde photographic or artistic representations of the design of the Project anal materials. The Architect shall be given reasonable access to the However, the Architect's materials shall not include the Owner's mer has previously advised the Architect in writing of the specific dential or proprietary. The Owner shall provide professional credit for the for the Project. This Section 10.7 shall survive the termination of this reement for cause pursuant to Section 9.4. § 10.8 If the: Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. Notwithstanding the above, Architect understands that Owner is a municipality and subject to the requirements of the Texas Public Information Act ("the Act"). Prior to any disclosure of Confidential Information under the Act, Owner shall give Architect prompt written notice of such request, Architect shall have seven (7) days from the date is receives such notice to provide evidence of a statutory exemption under applicable law sufficient to protect the information or obtain a protective order or equivalent from a court of competent jurisdiction. If Confidential Information is disclosed pursuant to a request under the Act, Owner will take reasonable steps to limit any such provision of Confidential Information to the specific information requested. Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 20 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) The Parties understand and agree that the failure by Architect to timely respond to the notice provided by Owner may result in the disclosure of the requested information pursuant to the Act. § 10 8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. ,9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If Ietermined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that ision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing ition of the making of this Agreement, the modifications to this Agreement shall not be said modifications. to the contrary in this Agreement, or in any document forming a part hereof or of the e no mandatory arbitration for any dispute arising hereunder. i its responsibilities, duties, obligations, and rights under this Agreement, without the ;r. This does not prevent Architect from engaging subcontractors to perform various shall be fully responsible to Owner for the work, actions, and omissions of all such its entirety, shall be binding upon all the parties hereto, their respective successors, heirs, assigns. approval and acceptance of all terms, covenants, and conditions as §10.15 This Agreement and the Architect are subject to all applicable federal and state laws, rules, and regulations. Invalidity of.any portion of this Agreement under the laws of the State of Texas or of the United States shall not affect the validity of the remainder of this Agreement. §10.16 No delay or omission by either of the parties hereto in exercising any right or power accruing upon the noncompliance or failure of performance by the other party hereto of any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof.. A wavier by either of the parties hereto of any of the covenants, conditions, or agreements hereof to be performed by the other party hereto shall not be construed to be waiver of any subsequent breach thereof or of any other covenant, condition, or agreement herein contained. §10.17 Architect stipulates that Owner is a political subdivision of the State of Texas, and as such, may enjoy immunities from suit and liability under the Constitution and laws of the State of Texas. By entering into this Agreement, Owner does not waive any of its immunities from suit and/or liability, except as otherwise specifically provided herein and as specifically authorized by law. ng any other provisions herein, the parties acknowledge that the Architect, as the Owner's on behalf of the Owner and in the best interests, subject to sound architectural practices, of the ect. §10.19 By approving the design documents, the Owner does not waive any claim against the Architect for any design defect reflected in the Contract Documents or the Architect's Instruments of Service. Architect acknowledges that the Owner is not a design professional, is not responsible for any design defects, and relies upon the professional judgment of the Architect as to the design. AIA Document B133" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 21 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) §10.20 Notwithstanding any other provisions herein, the Architect is required to conduct regular visits to the construction site as often as necessary to observe the site to evaluate and determine whether the Contractor's work is on track with the Project schedule and calendar and to determine for the Owner's benefit, that the work is proceeding in substantial accordance with the intent and the schedule set out in the Contract Documents. The Architect shall visit the site prior to critical, stages, such as concrete pours, steps contributory to the integrity of the structures, and covering interior work, such as plumbing, wiring, and mechanical systems. The Architect shall provide the Owner with written notice whenever the Architect determines that the Contractor is failing behind the Project schedule or that the work is not in substantial conformity with the Contract Documents. vise, direct or have control over the Contractor's work nor have any responsibility for the , techniques, sequences or procedures selected by the Contractor nor for the Contractor's is in connection with the Work. These rights and responsibilities are solely those of the h the Contract Documents. isible for any acts or omissions of the Contractor, any subcontractor, any entity Vork or any agents or employees of any of them. The Architect does not guarantee the id shall not be responsible for the Contractor's failure to perform its Work in accordance any applicable laws, codes, rules, or regulations. t substantially conform to the Contract Documents or the Architect's Instruments of to promptly notify the Owner in writing of the Architect's intention to reject the Work rk in writing within 24 hours of being notified. et made necessary by the discovery of a major defect or deficiency in the work of the care should have been discovered by the Architect but which the Architect failed to at no additional cost to the Owner. §10.23 Notwithstanding any other provisions herein, the Architect shall not be entitled to payment, including for Basic Services, Reimbursable Expenses, Additional Services, or other compensation, attributable to the fault or error of the Architect or Architect's consultants. §10.24 The 'Architect in conjunction with the Owner, has the primary responsibility to interpret and evaluate matters relating to the performance of the Contractor in the construction process. §10.25 Notwithstanding any other provisions herein, the Architect shall review the Contractor's applications for payment and shall certify, to the best of the Architect's knowledge, information, and belief, that the amounts claimed to be due are valid and correct. Such certification constitutes a representation by the Architect to the Owner, based on the Architect's observations at the site, that the Work has progressed to the point indicated by the Contractor and that the quality of the work is in substantial accordance with the Contract Documents. §10.26 Notwithstanding any other provisions herein, Owner's City Council is the only representative of Owner, a municipality, having the power to enter into or amend a contract, to approve changes in the Scope of the Work, to approve and execute a Change Order or Construction Change Directive modifying the Contract Sum or Guaranteed Maximum Price, agree to an extension of the dates of Substantial Completion or Final Completion, or approve changes in the Architect's compensation. Owner's City Council shall designate one or more representatives with authority to sign documents after City Council approval and/or to advise and consult with Architect for day-to-day operations under the agreement. §10.27 It is distinctly agreed that by virtue of this Agreement, no architect, engineer, mechanic, contractor, materialman, artisan, laborer or subcontractor, whether skilled or unskilled, shall ever, in any manner have, claim or acquire any lien upon the Project of whatever nature or kind so erected or to be erected by virtue of this Agreement, nor upon any of the land upon which said improvements are so erected, built, or situated, such property being public property belonging to a political subdivision of the State of Texas. Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 22 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: Stipulated Sum GEOTECHNICAL ENGINEERING EXPLORATION AND ANALYSIS: One thousand Five Hundred Dollars ($1,500.00) CIVIL ENGINEERING SERVICES (ONSITE): Onsite Engineering Design: Twelve Thousand Dollars ($12,000) ,AGE SYSTEMS: Cechnology (Data/Telecomunications) AudioNisual) System Design 1lance and Access Control System and Two Hundred Seventy -Five Dollars ($ 3,275.00) ENGINEERING: STRUCTURAL ENGINEER, MEP ENGINEER) iur Thousand Seven. Hundred and Thirty Dollars ($264,730.00 EXPENSES BUDGET: Hundred Dollars ($1,500.00) value) Other (Describe this method of compensation) Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required ection 4.1.3, the Owner shall compensate the Architect as follows: nt of, or basis for, compensation. If necessary, list specific services to which particular methods of i apply.) Stipulated Sum: Twenty -Six Thousand Five Hundred and Forty -Three Dollars ($26,543.00) § 113 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for compensation.) Hourly based on Rates defined on 11.7 § 114 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus Ten percent ( 10 %), or as follows: (Insert amount of or basis for computing, Architect's consultants ' compensation for Supplemental or Additional Services.) defined on 11.7 pensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of each phase of services shall be as follows: Schematic Design Phase Twenty percent ( 20 %) Design Development Phase Twenty -Four percent ( 24 %) Construction Documents Phase Thirty -Six percent ( 36 %) Construction Phase Twenty percent ( 20 %) Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 23 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only t be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) Total Basic Compensation one hundred percent ( 100 %) The Owner acknowledges that with an accelerated Project delivery, multiple bid package process, or Construction Manager as constructor project delivery method, the Architect may be providing its services in multiple Phases simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services, as appropriate. 6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic ees shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget ie Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent tes to the Owner's budget for the Cost of the Work. 6.1 When compensationison a percentage basis and any portions of the Project are deleted or otherwise not ructed, compensation for those portions of the Project shall be payable to the extent services are performed on those Dns. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed her or not the Construction Phase is commenced. for services of the Architect and the Architect's consultants are set forth below. The rates with the Architect's and Architect's consultants' normal review practices. t of hourly billing rates or insert them below.) time at the fixed rate of Two Hundred Fifty Dollars ($250.00) per hour. )r Project Manager Architect/Engineer) time at the fixed rate of Two Hundred Twenty hour. I (Quality Control) time at the fixed rate of One Hundred Seventy Dollars ($170.00) per (d) Technical Level II (CADD Production/Project Designer) time at the fixed rate of One Hundred Twenty -Five Dollars ($125.00,) per hour. (Table deleted) (e) Technical Level III and clerical and administrative time at the fixed rate of Eighty Dollars ($80.00) per hour. § 11.8 Compensation for Reimbursable Expenses (See Reimbursable Expense Budget Section 11.1) § 118.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner, and with the Owner's prior written approval, the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 24 software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only t be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and .12 Other similar Project -related expenditures. § 118.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Ten percent ( 10 %) of the expenses incurred. § 119 Architect's Insurance. If the types and limits of coverage required in Section 2.6 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.6, and for which the Owner shall reimburse the Architect.) I f Zero ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum It shall be credited to the Owner's account in the final invoice. geed, payments for services shall be made monthly in proportion to services performed. upon presentation of the Architect's invoice. Amounts unpaid ( ) days after the invoice ite entered below, or in the absence thereof at the legal rate prevailing from time to time at of the Architect. interest agreed upon.) 11 not withhold amounts from the Architect's compensation to impose a penalty or liquidated )r to offset sums requested by or paid to contractors for the cost of changes in the Work, unless been found liable for the amounts in a binding dispute resolution proceeding. .3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and performed on the basis of Hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement) ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 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 the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B 133TM-2019, Standard Form Agreement Between Owner and Architect, Construction. Manager as Constructor Edition .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) Init. AIA Document B133'" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 2rJ software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only t be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) AIA Document E234Tm-2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition dated as indicated below. (Insert the date of the E234-2019 inemporated into this agreement) Other Exhibits incorporated into this Agreement: (Clearl)i identifj, any other exhibits incoiporated into this Agreement, including any exhibits and scopes ofservices identified as exhibits in Section 4.1.2) .4 Other documents: (List other documents, ifany, forming part of the Agreement) Agreed Amendments to AIA Document A201-2017 — General Conditions of the Contract for Construction This Agreement entered into as of the day and year firs written above. OWNER (Signature) AR HITECT (Signature) John Huffman, Mayor Robert p. Garza, Principal (Printed name and title) (Printed name, title, and license number, if required) AIA Document B133' - 2019, Copyright 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects,' InIt. 'AIA,' the AIA Logo, and 'AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 26 software at 16:06:00 ET on 11/30/2021 under Order No.1 554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service, To report copyright violations, e-mail copyright@aia,org. User Notes: (1835954522) Additions and Deletions Report for AIA® Document 8133' - 2019 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:06:00 ET on 11/30/2021. TBD PAGE The disco day of December in the year Two Thousand Twenty -One _and year.) be based on the Needs Assessment from 2009 that will be updated and Validated via iief. Police Chief. and Director of Public Works. (Provide total and, if known, a line item breakdown. 'line -item breakdown.) Additions and Deletions Report for AIA Document B133" —2019. Copyright@ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:06:00 ET on 11/30/2021 under Order No.1 554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) Approximately $3,700,000.00 Dollars (Three Million Seven Hundred Thousand Dollars) for the Total Project TBD A133-2019, Standard Form of Agreement Between Owner and Construction istructor where the basis of payment is the Cost of the Work Plus a Fee with a cimum Price. Rob Cohen/ Mamerto EstMa 1400 Main Street, Suite 320 Southlake, Texas 76092 Telephone Number: (817) 748-8097, (817) 748-8216 Additions and Deletions Report for AIA Document B133" —2019. Copyright@ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:06:00 ET on 11/30/2021 under Order No.1 554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) TBD § 1.1.10 The Architect as requested by the Owner shall retain the following consultants and contractors: Mobile Number: 817-793-1028 Email Address: robgarzagfl2gaarchitects.com R.L. Woods and Associates, LLC, Limited Liability Company Renate' L. Wods, PE 1151 W. Pioneer Pkwy. Arlington, Texas 76013 Telephone Number: 817-277-6686 PAGE 5 Wells Doak Engineers, Inc. Duran Doak, PE 2800 S Hulen #212 Additions and Deletions Report for AIA Document B133" —2019. Copyright@ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:06:00 ET on 11/30/2021 under Order No.1 554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) Fort Worth, Texas 76109 Telephone Number: 817-920-9545 Wells Doak Engineers, Inc. Myles Wells, PE 2800 S Hulen #212 Fort Worth'- Texas 76109 Telephone Number: 817-92 _ -_'- `'Ze Initial Information. Both parties, however, recognize that the Initial id, in that event, the Owner and the Architect shall appropriately adjust Rect's services, and the Architect's compensation. The Owner shall. Jork and the Owner's anticipated design and construction milestones, as n the Initial Information. services as set forth in this Agreement. The Architect represents that it ie Project is located to provide the services required by this _ gr—eef gin* )erformed by appropriately licensed design professionals. [icy limits of not less than One Million Dollars ($ 1,000,000.00 ) for each occurrence and One Million Dollars ($ 1,000,000.00 ) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than One Million Dollars ($ 1,000,000.00 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. Additions and Deletions Report for AIA Document B133" — 2019. Copyright© 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 4 document was produced by AIA software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) § 2.6.5 Employers' Liability with policy limits not less than One Million Dollars ($ 1,000,000.00 ) each accident, One Million Dollars ($ 1,000,000.00 ) each employee, and One Million Dollars ($ 1,000,000.00 ) policy limit. § 2.6.6 Professional. Liability covering negligent acts, erreFs-errors, and omissions in the performance of professional sei=viees—,services with policy limits of not less than Two Million Dollars ($ 2,000,000.00 ) per clai n and Two Million.Dollars ($ 2,000,000.00 ) in the aggregate. PAGE 1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction lager, and the Owner's consultants. The Architect shall be entitled to reasonably rely on, and shall not be onsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner, the struction Manager, and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if Architect becomes aware of any error, omission, or inconsistency in such services or information. agreed upon by the Owner and the Construction Manager, the Construction Manager Owner and Architect, and for the Owner's acceptance or approval, a Guaranteed sal, or Control Estimate. The Architect shall assist the Owner in reviewing the at or estimate. The Architect's review is not for the purpose of discovering errors, the assumption of any responsibility for the Construction Manager's proposed iniques, or procedures; or for the verification of any estimates of cost or estimated cost krchitect discovers any inconsistencies or inaccuracies in the information presented, fy the Owner and Construction Manager. approval of the preliminary design, the Architect shall prepare Schematic Design :ew and the Owner's approval. The Schematic Design Documents shall hiding a site plan, if appropriate, and preliminary building plans, nouns me combination of study models, perspective sketches, or digital tjor building systems and construction materials shall be noted on the pager's review comments and cost estimate at the conclusion of the take action as required under Section 6 4; 6.4 and request the Owner's s. If revisions to the Schematic Design Documents are required to comply 'York at the conclusion of the Schematic Design Phase, the Architect shall ign Development Phase. wings and Specifications during this and subsequent phases of design, the on the accuracy of the estimates of the Cost of the Work, which are to be - the Construction Manager's agreement with the Owner. ruction Documents, if requested by the Owner, the Architect shall assist development and preparation of (1) the Conditions of the Contract for Construction (General, Supplementary and other Conditions) and (2) a project manual that includes the Conditions of the Contract for Construction and Speci eations, Specifications and may include sample forms. § 3.5.5 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase, the Architect shall take action as required under Section 6-.7—,6.7 and request the Owner's approval of the Construction Documents. PAGE 10 Additions and Deletions Report for AIA Document B133" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, Wiled 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 Construction Manager, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. 2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations ,cisions, the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager, iot show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good The ^ -ehiteet's , eeisions Architect shall consult with Owner on matters relating to aesthetic effect and Owner's on shall be final if consistent with the intent expressed in the Contract ew and approve, or take other appropriate action upon, the Construction Manager's Ys, Product Data and Samples, but only for the limited purpose of checking for ven and the design concept expressed in the Contract Documents. Review of such of determining the accuracy and completeness of other information such as llation or performance of equipment or systems, which are the Construction rchitect's review shall not constitute approval of safety precautions or construction iene -,s- cq nces, or procedures. The Architect's approval of a specific item shall not of which the item is a component. ract_Documents specifically require the Construction Manager to provide professional design lions by; a; design professional related to systems, materials, or equipment, the Architect shall ate performance and design criteria that such services must satisfy. The Architect shall review and ion on Shop Drawings and other submittals related to the Work designed or certified by the er's design professional, provided the submittals bear such professional's seal and signature when hitect. The Architect's review shall be for the limited purpose of checking for conformance with nd the design concept expressed in the Contract Documents. The Architect shall be entitled to n, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and I or provided by such design professionals. Additions and Deletions Report for AIA Document B133" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) 4.1.1.1 Assistance with Selection of Construction Manager Architect 4.1.1.2 Val idate/U date Existin ProgrammingPrograrmning Architect 4.1.1.3 Multiple Preliminary Designs Architect 4.1.1.4-' Measured drawings Not Provided 41.1'.5 Existing facilities surveys Owner 4.1.1.6 Site evaluation and planning Architect 4.1.1.7 Building Information Model management responsibilities Not Provided § 4`.1.1.8 Development of Building Information Models for post construction use Not Provided 4.1.1.9 Civil engineering Architect 4.1.1.10 Landscape e design Architect 4.1.1.11 Architectural interior design Architect 4.1,1.12 Value analysis Not Provided 4.1.1.13 Cost estimating ' Owner 4.1.1.14 On -site "project representation Architect 4.1.1.15 Conformed documents for construction Architect 4.1.1.16 As -designed record drawings Architect 4.1.1.17 As -constructed record drawings Mark ups by CMAR Architect 4.1.1.18 Post -occupancy evaluation Architect 4.1.1.19 Facilitysupport services Owner 4.1.1.20 Tenant -related services Not Provided 4.1.1.21 Architect's coordination of the Owner's consultants Architect 4.1.1.22 Tel ecomrnunications/data design Architect 4.1.1.23 Security evaluation and planning Architect 4.1.1.24 ' Commissioning Owner 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided 4.1.1.26 Historic : reservation Not Provided 4.1.1.27 Furniture, furnishings, and equipment design Architect 4.1.1.28 Other services provided by specialty Consultants Architect 4.1.1.29 Other, Su lemental Services ' Architect Civil Engineer, Geotechnical Engineer, Low Voltage Consultant .1 i Services necessitated by a change in the Initial Information, previous instructions or recommendations given by the Construction Manager or the Owner, approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner's s<"eatle schedule, or budget for Cost of the Work, or bid packages in addition to those listed in Section 1.1.6; PAGE 15 Three ( 3 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Coast- Manage nage Contractors Twelve ( 12 ) visits to the site by the Architect during construction Additions and Deletions Report for AIA Document B133" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) .3 Three ( 3 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Three ( 3 ) inspections for any portion of the Work to determine final completion § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. !.5 If the services covered by this Agreement have not been completed within �}Thirty( 36 months of the of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall )mpensated'as Additional Services. the Owner's budget for the Project, including (1) the budget for the Cost of the Work Owner's other costs; and —,and (3) reasonable contingencies related to all of these ie Owner's budget for the Project as necessary throughout the duration of the Project ner significantly increases or decreases the Owner's budget for the Cost of the Work, teet and Construction Manager. The Owner and the Architect, in consultation with the reafter agree to a corresponding change in the Project's scope and quality. es that accelerated, phased phased, or fast -track scheduling provides a benefit, but also Such risks include the Owner incurring costs for the Architect to coordinate and affected by procuring or installing elements of the Project prior to the completion of all its, and costs for the Construction Manager to remove and replace previously installed >lerated, phased phased, or fast -track scheduling, the Owner agrees to include in the t contingencies to cover such costs. Irnish surveys to describe physical characteristics, legal limitations limitations, and utility ae Project, and a written legal description of the site. The surveys and legal information shall odes and lines of streets, alleys, pavements and adjoining property and structures; designated ige; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, of the site; locations, dimensions, and other necessary data with respect to existing buildings, trees; and information concerning available utility services and lines, both public and private, ncluding inverts and depths. All the information on the survey shall be referenced to a Project corrosion tests and r-esistivity tests, inelodi perations for anticipating subsoil eendit ,. a-., ,. 4 TlUT UTUTI aa;r-a---aa------ a----r--------- § 59 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agree o,.tm �, Agreement or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. Additions and Deletions Report for AIA Document B133" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 8 document was produced by AIA software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) § 5.12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project, including errors, omissions omissions, or inconsistencies in the Architect's Instruments of Service. PAGE 17 § 6.2 The Owner's budget for the Cost of the Work is provided in the Initial Ihfaxmatiefi—,Information and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4. Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or iating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be ,d to reasonably rely on the accuracy and completeness of estimates of the Cost of the Work the Construction ger prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional :e, revisions to the Drawings, Specifications or other documents required due to the Construction Manager's zraciesor incompleteness in preparing cost estimates, or due to market conditions the Architect could not Zably anticipate. The Architect may review the Construction Manager's estimates solely for the Architect's nce in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and sistencies noted during anv such review. Owner a nonexclusive license to use the Architect's Instruments of Service solely and ,tructing, using, maintaining, alter -in ,-altering and adding to the Project, provided that is its obligations under this Agreement, including prompt payment of all sums due, 11. The Architect shall obtain similar nonexclusive licenses from the Architect's Agreement. The license granted under this section permits the Owner to authorize the xactors, Sub -subcontractors, and suppliers, as well as the Owner's consultants and ce applicable portions of the Instruments of Service, subject to any protocols 1.3, solely and exclusively for use in performing services or construction for the ly tenninates this Agreement for cause as provided in Section 9.4, the license granted he Owner and Architect shall commence all claims and causes of action against the other and arising out of or > this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding -solution method selected in this Agreement and within the period specified by applicable law, but in any case more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all id causes of action not commenced in accordance with this Section 8.1.1. § 81.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Architect, its empleyees-employees, and its consultants in the performance of professional services under this Agreement. The Architect's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend. The Architect's chitect's ,a„t„ t indemnify the Owner undo this Section Q , 3 shall Additions and Deletions Report for AIA Document B133" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 9 document was produced by AIA software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes -disputes, and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is loeated, Located unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. court of competent jurisdiction Additions and Deletions Report for AIA Document B133" —2019. Copyright@ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 10 document was produced by AIA software at 16:06:00 ET on 11/30/2021 under Order No.1 554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) PAGE 20 § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to for § 10'.6 Unless otherwise requi presence, handling, remeval-r substances in any form at the be governed by the law of the ,.lace wher-e the Pr-ojeet is j,,e ted .,eWding that /e the same meaning as those in AIA Document A201-2017, General i, including such amendments attached hereto, except as modified in this in A201-2017 shall mean the Construction Manager. in this Agreement, the Architect shall have no responsibility for the discovery, ,valor disposal of, or exposure of persons to, hazardous materials or toxic iect site. § 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. pursuant to a request under the Act, Owner will take reasonable steps to limit any such provision of Confidential Information to the specific information requested. The Parties understand and agree that the failure by Architect to timely respond to the notice provided by Owner may result in the disclosure of the requested information pursuant to the Act. Additions and Deletions Report for AIA Document B133" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 1 document was produced by AIA software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) PAGE 21 §10.15 This Agreement and the Architect are subject to all applicable federal and state laws, rules, and regulations. Invaliditv of anV Dortion of this Agreement under the laws of the State of Texas or of the United States shall not affect in ect. the site prior to critical stages, such as concrete pours, steps contributory to the integrity of the structures, an construction means, methods, techniques, sequences or procedures selected by the Contractor nor for the Contractor's safetyprecautions or programs in connection with the Work. These rights and responsibilities are solely those of the Contractor in accordance with the Contract Documents. Additions and Deletions Report for AIA Document B133" —2019. Copyright@ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 12 document was produced by AIA software at 16:06:00 ET on 11/30/2021 under Order No.1 554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) The Architect shall not be responsible for any acts or omissions of the Contractor, any subcontractor, any entit on with the Owner, has the pr Contractor in the construction to interpret and evaluate matters §10.27 It is distinctly agreed that by virtue of this Agreement, no architect, engineer, mechanic, contractor— materialman, artisan, laborer or subcontractor, whether skilled or unskilled, shall ever, in any manner have, claim o acquire any lien upon the Project of whatever nature or kind so erected or to be erected by virtue of this Agreement, nor upon any of the land upon which said improvements are so erected, built, or situated, such property being public DroDertv belom!ina to a D01itical subdivision of the State of Texas. PAGE LOW VOLTAGE SYSTEMS: Information Technology (Data/Telecomunications) Multimedia (Audio/Visual) System Design Video Surveillance and Access Control System Three Thousand Two Hundred Seventy -Five Dollars ($ 3,275.00) Additions and Deletions Report for AIA Document B133" —2019. Copyright@ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:06:00 ET on 11/30/2021 under Order No.1 554337656 which expires on 05/21/2022, is not for resale, is licensed for 13 one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) ARCHITECTURAL/ENGINEERING: (ARCHITECTURAL, STRUCTURAL ENGINEER, MEP ENGINEER) Two Hundred Sixty -Four Thousand Seven Hundred and Thirty Dollars ($264,730.00 REIMBURSABLE EXPENSES BUDGET: One Thousand Five Hundred Dollars ($1,500.00) (a) Principals' t hour. (b)Supervisory Twenty Dollars 0 (c) Technical Lev value) ental and Additional Services of the Architect's consultants when not included in amount invoiced to the Architect plus Ten percent ( 10 %), or as follows: Twentv percent ( 20 %) Twenty -Four percent ( 24 %) Thirty -Six percent ( 36 %) Twenty percent ( 20 %) time at the fixed rate of One Hundred Seventv Dollars (S 170 § 11.8 Compensation for Reimbursable Expenses (See Reimbursable Expense Budget Section 11.1) PAGE 25 Additions and Deletions Report for AIA Document B133" — 2019. Copyright @ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 14 document was produced by AIA software at 16:06:00 ET on 11/30/2021 under Order No.1554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Ten percent ( 10 %) of the expenses incurred. NA § 11.10.1.1 An initial payment of Zero ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. .2 AIA Document E203" indieated below, if ea 6rnsert the date Qf Me E-20z. PAGE26 Agreed Amendments tc Construction John Huffman, Mayor Robert P. Garza, Principal Additions and Deletions Report for AIA Document B133" —2019. Copyright@ 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:06:00 ET on 11/30/2021 under Order No.1 554337656 which expires on 05/21/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1835954522) Certification of Document t Authenticity AW Document D401 m, - 2003 I, Javier Lucio, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated. Additions and Deletions Report and this certification at 16:06:00 ET on 11/30/2021 under Order No. 1554337656 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA6 Document B 133TM - 2019, Standard Form of Agreement Between Owner and Architect, -Construction Manager as Constructor Edition, as published by the AIA in its software, other than those additions and deletions shown in the; associated Additions and Deletions Report. (Signed) (Bile) AIA Document D401- 2003. Copyright Q 1992 and 2003 by The American Institute of Architects, All rights reserved. The "American institute of Architects,' 'AIA,' the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission, This document was produced by AIA � software at 16:06:00 ET on 11/30/2021 under Order No 1554337656 which expires on 05/21/2022, is notfor resale, is licensed For one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service, To report copyright violations; e-mail copyright@aia.org. User Notes: (1835954522)