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2008-11-11 CCPD PacketCITY OF SOUTHLAKE MEMORANDUM November 7, 2008 To: Crime Control and Prevention Board From: Jim C. Blagg, Assistant City Manager/Director of Public Safety Subject: Approve a Contract with the RPGA Design Group for the Design of the North DPS Facility in the Amount of $968,300 Action Requested: Approve a Contract with the RPGA Design Group for the Design of the North DPS Facility in the Amount of $968,300 Background Information: RPGA, Inc. was the original architect firm selected to design the DPS Headquarters which was originally to be constructed on the North DPS site. RPGA was then contracted to design the DPS Headquarters on the site in Town Square. RPGA provides an outstanding array of professional services that include the following: Pre- Design Services • Needs assessment, site and facility programming A&E Design Services • Structural engineering • Architectural • Mechanical, electrical, and plumbing engineering • Interior design • Schematic design • Construction documents • Bidding and negotiations • Construction administration A&E Additional Services • Civil Engineering • Landscape and irrigation architect • Furniture selection, specification and procurement The recommendation for RPGA, Inc. is based on the following: • RPGA, Inc. worked on this project when the original plan was to construct the DPS Headquarters on this site. • RPGA Design Group demonstrated good presentation and communication skills, a strong desire to work with City officials, and the firm presented professional plans which resulted in a well designed project. • RPGA, Inc. is a well known firm in the Dallas/Fort Worth area. • RPGA, Inc. continued their work with the City on the design and construction of the new DPS Headquarters. • RPGA, Inc. has proven to be a quality partner with the City on all of its projects. Financial Considerations: This project is in the CCPD CIP and the project budget is included in the presentation, along with a cash flow analysis. There are sufficient funds in the Crime Control & Prevention fund to finance this contract. Initial Cost Estimates Construction $ 9,000,000 Pre -Design Services $ 24,000 A&E Costs $ 720,000 FF&E $ 601,200 Additional A&E Services (Civil Eng.,Landscape Design, Contingency) $ 224,300 Additional City Costs (Materials Testing, Phone & Data Equipment, Contingency) $ 295,000 Total Project Cost $10,864,500 The architect fee of $720,000 plus additional fees for pre -design work, civil engineering services, landscape architecture services, etc. The architect fee ($720,000) is a fixed fee and will not increase unless there is both substantial changes in the scope of the project and the budget for the project. The other fees are for other consulting work associated with the project that will be overseen by the Architect of Record. Citizen Input/ Board Review: N/A Legal Review: The contract was reviewed by Kathleen Williams of TOASE. Alternatives: Seek proposals from other architectural firms Supporting Documents: Contract Staff Recommendation: Approve a Contract with the RPGA Design Group for the Design of the North DPS Facility in the Amount of $968,300 91 sca TEX 1 City of Southlake Annual Program Evaluation Of the Crime Control and Prevention District October 1, 2007 — September 30, 2008 Assistant City A Public Safety Crime Control and Prevention District Board Members Martin Schelling Lou Ann Heath President Bob Mundlin Vice President Craig Sturtevant Richard Sandow Biff McGuire Robert Williams 2 Introduction In February 2002, the Southlake citizens voted and approved a fifteen (15) year extension of the Crime Control and Prevention District. Continuation of the District will provide the funding necessary to fully accomplish the listed strategies through the collection of % cent tax on each taxable dollar spent in the City. State Law requires the District to fund an annual evaluation program to study the impact, efficiency, and effectiveness of new or expanded crime control and prevention programs. This report examines each identified strategy for the Southlake Crime Control and Prevention District. K Strategy One: Achieve the highest standards of safety and security FY2008 Update The unique nature of Southlake Town Square with the mixture of public and private interests makes it an ideal location for security cameras to record activity in the public areas. In FY2008 the Crime Control and Prevention District Board (CCPD) approved funds in the amount of $300,000 for the purchase, installation, and maintenance of phases I and II of this camera system. These phases were completed and the system began operation in October of 2007. During the operation this fiscal the cameras have proven beneficial in both the detection of crime occurring and in aiding the solving of crime when reported. Specifically we were able to apprehend two suspects dealing drugs on the 4th floor of one o f the parking garages and also solve a case that involved a false report of an attempted abduction by using these cameras. In FY2008 the CCPD Board approved funds in the amount of $350,000 for the purchase and installation of Phase III of this project. The final design and installation is currently being conducted by City personnel. We believe that these additional cameras will ensure Southlake Town Square will remain a vibrant and safe place to live, work and play in the City. M Strategy Two: Invest to provide and maintain high quality public assets FY2008 Update In FY2008 the CCPD Board approved continued funding for the construction of the DPS headquarters building in the amount of $7,040,250. The construction of the headquarters continues to be on schedule with an anticipated completion date of December, 2009. The majority of the construction budget will be allocated in the FY2009 budget with the remaining balance of construction costs paid in FY2010 upon completion of the facility. The construction of this facility will ensure that the Southlake Department of Public Safety is able to meet the service demands of a growing City. The Board also ensured in the planning process that facility has adequate space for growth and operational components that will be needed as the agency adds personnel. It i•�aV ..�" - " � � to 3 �ycIL _ --•. � � ram= ~ '` �' •,"fir.,. � `` � t �,�y: t. -� %& t .L s,FJ• NOW Print# 80930657 Southiake Department of Public Safety Headquarters Construction, Inc. Oate: 09/30/08 Strategy Three: Enhance Community Safety through modern efficient facilities FY2008 Update As previously discussed, the CCPD continued the funding for the construction of the DPS headquarters facility in FY2008. This construction resulted in the demolition of our current DPS East facility and required the relocation of a portion of police and fire services to a vacant school on North Carroll Avenue. The CCPD Board approved funding in the amount of $163,000 for expensed related to this move. Personnel are currently working at the school while construction continues on the DPS headquarters building. Cel Strategy Four: Enhance Community Safety through special Police Initiatives FY2008 Update The City of Southlake continues to have several viable programs that are specialized in nature. During FY2008 the CCPD Board approved funding in the amount of $65, 605 to pay for Y4 of salaries of the School Resource Officer (SRO) program. This was agreed to be the final year CCPD funds would be used to fund a portion of these salaries. Southlake DIPS remains committed to the SRO program and realizes the value in having police officers in the schools. We will continue to work with the Carroll Independent School District to obtain partial funding from them for the SRO program and have budgeted SRO salaries in the general fund moving forward. Financial FY2008 Update For the fiscal year 2008, the CCPD collected $3,826,653 through the month of July. This amount is $104,075 over the estimated amount that was budgeted to be collected during FY2008 for the months received. The total amount budgeted to be received in FY2008 is $4,467,750, assuming the final two months of collection are within budget we should finish the year with collections that are ahead of projections. There is approximately $8.2 million in reserves and we continue to have healthy growth in this fund. It is projected that the majority of these funds will be expended during the construction of DPS headquarters. 7 Conclusion The Crime Control and Prevention District Board continues to provide excellent fiscal management of the sales tax dollars collected by the district. Through effective budgetary oversight of requests made by the Department of Public Safety the crime rate in the City remains low and the overall quality of life high. The Board and the Department of Public Safety, continue to work together to ensure the public safety needs of the community are provided at the highest level possible. The men and women of the Department appreciate the continued support and leadership this Board provides. 8 TM Document B151 , 1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Eig and Ei ht ghtecrith daY of November in the year Two Thousand 9 In ivol-els. 1 * "d'i , ('rre (it"', 111011111and WHEREASthe C�ijv,)f S Article XI. Sec outhlake.1'eNas. a rnunicipalil%' puruanj to , Of Texas Congilllion and Texas Local C n rn len't C,d, Title 2 (herinafter referred to as "Owner") and RPGA Design Group, Inc., a , I CXas professional C(VIPOration (herinal'eir referred to as *'Architect,). deg ' which Architect Perforin scn,ices rel � irc to enter into a Contract under a"N' To the ,assign sand construclion of file bcjo%v lvfcrenced Project on behalf 01, the Otk ner: sand WHEREAS, Owner and Architect have agreed to enter into IA Docurnen, 1 1997, Standard From of Agreement Bet'veen OtVncr and Architect. , f0rill for that contract and Architect has amended that Cas the basic ()rin to provide for certainadditions and deletions, and WHEREAS. certain additional terms and conditions t)f that A,('reCnlent need to be illodif, aro: led To coniplv Stand. i Form of affecting Owner and Arc with applicable 13'As- policies and agreenienis hilect in the design and construction g Architect hereb), agree to the folloxin (�f th";� Project, 0�,N'Dcrand A.greement. as amended: g additional aulendIllents 10 the Standard Form of BETWEEN the Architect's client identified as the O%vner: (A"Litne. address and othvt� Ci1v of Soutblake Department of put)jic Safety 1400 -N4ain Street. Suite 460 SC;Uthlakc, Texas 76092 and the Architect: {Aalllr, Oddr,-Ss and othrl, in , fofvafholj) RPGA Design Group, Inc. 101 S. Jennings Avenue Suite 100 g Fort Worth, Texas 76104 Telephone Number: 8 17-332-9477 ext 208 Fax Nutltber: 8 17-332-9487 For The folloA,ino project: (11IC-1wYe dew il,'d descril�fion of Ar<>feo) Cit} OfSOuthlake Department ofUbhc Safety North Facilit, CiTY of SoUthlake, Texas Approxinlalely 12 acre,,,, at the Chapel Road. C()Mcr of East Dove Road and North ",=hile Ne%v Public SafCt\'F;1ci1;Tv For the D"Pili'l3lent Of` Public Safet -N, r1h DPS ADDITIONS AND DELETIONS: The author of this clocuinen., has added information needed for il Completion, The author may also have revised the text of the original A Standard mrm, An Add,;rons and Dele,iD,n,' PSP017 that notes added infoemat On as well as revislons!o ;he standard ton text is available li'Orn The author and should be reviewed. A vertical fine in the left m 'n a'00 Of this dOcument indicates where s, ne author has added necessary information and where the author has added to 0- deleted from the original AJA text. � This dOCuMenl has irnporlant legal consequences. Consultavon WaJh an attorney is en=uraged with respect 10 it$ completion or modification, Wt. AIA Dotument 9 IS 1997- COPYrIgh I C 197-4, '��97a le Thu p 7 7�,C A, reserved. Vi`ARNJ?qC. Thi, A14� _e, iCan w, I, ht Law and 1,3 ..... it rights atiOrIM Teajj�,s J" Nlls, All igiu. C in i�iv;l an<; was by AIA e al 1, �02:18, DQIiOn C! jf�jr, A4t,' 0, User Notes- 5 071 10:222�08 orde, No .ram 000—'3741.. exp1re Mc, 41,�v, �, So Z. ar'd is -1101 --, resa�e. � IS -`risers i'2C28292F,58i The Faciliivwill house fire services, trainim! classrooms and training course, firin C g range in Souilflake. Texas. It is currently anticipated that the Facility mill b., approximately 33.400 square feet, The total project costs are currently projected to be approximately S I 1 .000.000.00 to 12.000.000.00 includine site wort FTS-,E. architectural fees, Consirtiction Manauer at Risk Fees and soft costs. PIRE-DESU.'-N SERVICES: Needs Asse.wnenLSiie and Facilit% Proeramming PRE -DESIGN SERVICES 13YOWNER IF NECESSARY Topographic. Tree anti Boundary Survey,'Re-Survcv and Re -Plat Geowchnical Report Phase, I clivironmental Phase 11 environmental (If Required) A & E. DESIGN SERVICES: Structural Engineering Architectural Mechanical, Electrical and plumbing Engineering Interior Design Schematic Design C, Design Developintrit Construction Documents Bidding and Negotiations, Construction Administration A & E ADDITIONAL SERVICES: Civil Engineering I-andscape and Irrigation Architect Furniture Selection. Specification and Procurement The Owner and Architect agree as follows. AIA OocumenlB I 511m- 1997, Copyright C **74, I9,78. M-ard-IC97bv The Amencan inslil�ife All rights reserved. %YARNMI,*Tha IJA' O�x4m'ent is plote-_Ied by it copyriqhf Law and MmmWiona- fealies' Ur*Yt otiztd taptodwion C.; 1j-,,,6but;crf of pia AW am� 2 ,)orbon of at., mav ,:cull in s u..recmif n, N crimmJ, anj mill t'e pfosec wr-d k' . i'm Maximum, "'I'mat pos'qible �ndf�t thv I Thlocz'�meml IA software t ! 5 Z2 was wowed 1�y 8 on ,0 22M onoe, O`Ce� 1 OW34374 I wn�& expves on 217,2009, ano is rol 10" ro'saie. duAs User Notes: t39282926583 ARTICLE I ARCHITECT'S RESPONSIBILITIES § 1.1 The services performed by the Architect, Architects employees and Architect's consultants for and on behalf ofthe Ownersball be as enumerated in this. A,,reenienc. C ".Architect certifies that Architect is registered professional architect or engineer licensed to practice in the State of Texas. pursuant to the Texas Occupation,, Code. any civil. structural. mechanical, or electrical Plan". specifications. or opinions of probable cost for construction must be prepared by a registered professional engineer or a registered architect, w1lichever is appropriate, anti who is licensed to 1) '� ractice in the State of Texas. Architect agrees to notify Owner should Architect's registration status change* Architect certifies that Architect and architect's employees and al,cmN are eligible to work under federal, stale and C ' tr local immigration laws and regulations. The Architect shall not he relieved of any obligation to perform in accordance with the standard ofcare applicable to licensed architects in the State of T4tcPxaS under S2111C Or similar circumstances. unless specifically identified otherwise in this Agreement. § 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and tile orderly progress of the Project, The Architect shall submit for the Owner's approval a schedule for the C performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's and Contruction Manager at Risk's review and for approval of subrilissions by authorities having jurisdiction over the ]"to it, Ject. Time limits established by this schedule approved by the Owner shall not. except for reasonable cause. be exceeded by the Architect or Owner. § 1.3 The Architect shall desi-2nate a representative authorized to act on behalf of the Architect with respect to the project. § 1.4"l-heservices covered by this Aereement are sufilect to the tittle limitations contained in Section 11,5, 1 . `§ 1.5 INS(,TRANCE § 1.5A Prior It) performing work under this Agreement. Architect shall procure, maintain arid, provide insurance cesificates, policies and endorsements. in at least the following amounts, to protect Architect and Owner front claims arising out of the performance cif the Architect's services under this Agreement and caused by any error, omission. negligent act or omission. or design defect by Architect. such insurance to be in a form approved by the Owner. with an effective date prier to the be'-innin=� date of desitrn. Stich insurance shall be mitten on in occurrence basis. if available. and on a claims -made basis. if occurrence basis insurance is not available. Architect shall niaintain its insurance in full force and effect arid uninterrupted during the term of this Agreement and after the completion of services under this Agreement until the completion of any applicable statute of limitations. such period to be not less than one year from Final Completion <)fall construction Of this Project as to worker-,, compensation, two years. from 'the Final Completion of all construction of this PrqJJcct as to comprehensive general liability. and comprehensive automobile liability. and not less than ten years frorn the Final Completion of all construction of this Project, as to errors and omissions insurance.. Architect shall furnish to Owner insurance certificates. policies arid endorsements upon request at any time during the applicable statute of limitations. Architect shall name Owner as an additional insured tinder his policies for comprehensive general liability and comprehensive automobile liability. Insurance shall be obtained from companies authorized to do bu'siness in the State of Texas by the Texas Department of Insurance, The policies shall include a waiver of ,mbrooration in favor of the Owner, Any deviation from these, requirernems can only be approved by Owner's City Council, Any nonconformity mav he grounds for termination or modificatitni of the Contract. To the extent that Architect is unable to procure the insurance designated herein because the insurance is not reasonably available or is cost -prohibitive. then Architect shall provide written notice to Owner's City Council, Said lack of insurance may then be orounds for termination Or modification Of this Agreement, Cr Worker's Employer's Liability -"00.000M Comprehensive General Liability Init. AIA Document Bisil - 1997. Copyright'- IS?%. 1978, 1,987 and 1997 by The American InSIMule or Arnitecls, All tights reserved, WARMNG� This 'AW is pnaic-cla U's, Capyri-llt n -wic 1, 'e-vnminnal Trtam&s_ 01 <�T tiMilbuliov crthis AW Documew,, or Irly ay Z��sult ��l anl j6mmW and V"41 be prose,��Vled to Ole rnnaximsm exenl possMe under lz�w, This drcum;-,nz 3 User Notes. '39262926581 9 ow, 00c) OCC4, Me. nce P17(verlY d.ma 0 ate e 1110111ohil, Cach OCCU"re `1nee S f)0.((x,) P,, o S 3() (y) Per S I 00.,fx Sn 0 )6 01'rv-nce 111jury wou()() Per PC", Properda ty P"IcIt",nee ln,,, rrrr - I)CI, fX, and missions cull-ence Architect -Ural amount nO, and Cnoin, - les'. I � cermecon-SUItant- at"j-pt", I s I lan S I oo(�000 ril ia ;v I's caM'errOrs and CXas I'Sw" P<1cifif"I q, Insuranc col)%, ol'a cerjij� Orkers con) rill "'M 1/1,11 ro�j` 101�ld he v t in an We Of lnstrance 1c, Wl"wif �s to TL) 13cc, Workers - or C,01-,Lra n . cc. a C Tli ause -Ircl 14, Orjl�, I aor Coll' -,of 711ect �011lpensa - cenient fl) Insur, C pCilormin, rVice', equitcd r P"Olcct is r-, tion 'n ,,r tile durat,, Loleri, C-82 1­�stled bY h On , T tor 11), . a Ot I Ihe AL Arch. c TeN"Is 1) free( his, or D ep;UITI)c § u Project, 0111plov (S4), Sholk'jn, 171 If . CeS pl-vvichn�, �- Slaiulory ArchitL, rallon of tilt, h,�,jecj includ n,jec'; 0 - ct s �VOrk on the C time j� a - 11" � Pr*C1 has been Completed Mal 111,2 b.8innin, NOT alld acce Of the iA� '01W On The pPled by the OUller, reject Until the "S §' 1,5,2.4 -IhC Architect N13roll a-17,011 M shall Lahor,C'od I Provi(je Lmer�li�e c s a n f ectiOn 4 r, Sed 017 Prom, duration 0 'Iny covo 'lee b0, C PrO'ej. f 44) for all em a Ments '-POrling If of CT PlOvees ofal, t"hiCh 11')eels, The assi , fic-1 t 400A[-chijcj p I -Valutory ]On Code and C ,tra - Cj, The architect 1*01'iding set, - -quir- on nlu'l PrIl'ide 4ceS on tht"171"'s If Te_N,,is I-5,2_6 If Icale Of c(,) e Niect tbrthe durati,il le covelrACe %'er,',ge ,, the O"ller Prior 10 beinj Of the p - - f -'riod coverage roject (1)" A n the Architect altarded the With the ()"n.,i " - architect ,,,,,o e shoj�,ip '�" pr'Or s ('111'rent g ill,, c� to the end OF 1h -110 of c 5 -, - wcra�c has been , , e '. '()Vcrj, Pro Tile "Irchij, C� cxtcndcd� cover`4,-�c Pcriod.'r�je'-_'� ends 'JU1117" tht., ,iect, and cc' shall obz,,in f.; a new, , , cl Provide to Olwncr.� rorn c;lch Of the ceairJeWc Of A ant,� ^j On Alt.'14 , q) that ldtna file Ica" vi crill Pnmri the p -er Work Or, the 1J'. by ro MCI- Tr�- I . and Shou,ino so the" A IA User Notes., e at 15:­ ro nait4e all Persons VS. A1jjg ;v, -w, . � A 4 .2 No later than ,,even days after receipt by the architect, a new certificate of coverage shoving extension of coverage. if the coverage period shown on the current certificate of coverage ends during the duration of the Project. § 1.511.8 The architect �htall retain all required certificates of coverage for the duration of the Project and for opc year thercafter. 1.5.19 The architect shall notify the Owner in writing by certified mail or personal delivery, within ten days after the architect becomes aware of ariv change that materially affects the provision of coverage of any person providing -services on the. Project. y § 1.5 110 NOT USED § 1. 2,11 The architect shall contractually require each C:'on<,ultant with whorn it contracts to provide services on a project. to: l Provide coverage. rased on proper reporting of classification codes and payroll amounts and filino of anti• covera2c agreements, which meets the statutory- requirements of Texas Labor Code § 401,01 1(44) for all of its employees providing service on the Project for Elie duration of the Project; Provide to the architect. prior to that person beginning- work on the Project. a certificate of rovera{ze showing that coverage is being provided for all employees of the person providing services on the project for the durations of the Project: .3 Provide the Architect. prior to the end of the coverage period. a new certificate of coverage showin- extension of col era-e, if the coverage period shoal+n on the current certificate of coverage ends durino the duration of the Project; .4 Obtain from each ether person with avhotn it contracts, and provide to the architect: A certificate of coverage. prior to the other person beginning work on the Project; and A new certificate of ccovera�,c shotiving extension of coverage, prior to the end (if the coverage period, if the coverage period shown ton the current certificate «f ct:overabtc ends during the duration of the Project; 5 Retain all required certificates of coverage on isle for the duration of the Project and for one year thereafter: .h Notify the Owner in 1writings by certified mail or personal delivery, within ten days after the person becomes Aware of any chanu e that materially affects the provision of coverage for any Consultant,, of the architect providing services on the Project, and Contractually require each person with ~~horn it contracts to perform as required by items 1-7. with the certificates (:rf coverage to be provided io the person for ~thorn they are providing services, § 1.5,2,1' By signing this contract or providing or causing, to be provided a certificate of coverage.. the Architect is representing to the Owner that all employees of the Architect who will provide services (in the Project will he covered by workers' compensation co verage for the duration of the Project. that the coverage will be based on proper repotting of classification codes and payroll amounts. and that all fait. AIA Document SiSVN —1HB7, Gopyrigh? ,-� 1974,1978, 1487 99 7 -yr TheAmerican I-SWuIeo!AfChIe,.Ts, An rights reserved " i' RNI M his noctd'rg fCml is prwecaeti by U.S. Copyright Lav„ and to ! rnation'a..lcy,,n bee, ti ,a.3aho6 ed �n disitibkkji=on of ?his AIA Vtcu semen ca any a,UrtiEon of it. May *s uft 3n sevi"re revel and �rirr final Pon ' tiivs, znd tilt ;,,c- prozecvl kid to t t ^; AIX# hum e� tort Pa?Sss!?ti' under ;h,, t�nit. ; his Mein ent was produced by Apr sofiware M ;5:1)2,18 on i l3:2220ti51 uo;der 05rde Na I D'002 aard+„5 a. ct ex„fie, -.,n: c^ t 7 200G. and i, no! for reseie. User Notes:°2329Sa81 co verage agreemencs will be. filed with the appropriate insurance carrier or, in die ease of a self -insured. with the Commission's Division of Self -Insurance Re<sulation. Providing false or misleading information may subject the Architect to administrative penakies, criminal penalties, civil penalties. or other civil actions. § 1.5.2.13 The Architect's failure to comply with any of these pixivisions is a breach of contract by the Architect that entitles the Owner to declare the. contract void if the Architect does not retnedv the breach within ten days after receipt of notice cif breach from the Owner, 1.5.2.14 The coverage requirement recited above cities not apply to scale proprietors. partners. and corporate officers who are excluded from coverage in an insurance Policy or certificate of authority to self insure that is delivered. issued for delivery, or renewed on or after January 1, 199629 Texas Admini.wative Code section 110.1 10(i)." "§ 1.6 INDEMNITY. Approval of any C:onstnaciion Documents by Owner shall not constitute and ,hall not be deemed to be a release of the responsibility and liability of architect, its a eats. employc;es and subcontractors. for C"onstmetion Documents which are sufficient for Owner to complete, the construction of the Project and are free from material defects or oniissions, nor shall such approval be deemed to be an assumption ofsuch responsibility and liability by Owner for any defect in the Construction Documents prepared by Architect, its agents, employees. subcontractors, or consultants, it being the intent of the panics that the approval by Owner signifiies Owner's approval of only the general deJsion concept of the improvements to be constructed. In this: connection. ARCHITECT SHALL, DURING THE cONsTRUC.71ON OF SAID PROJECT AND FOR A PERIOD OFTEN YEARS AFTER SUBS'("ANT1AL COMPLETION (PLUS AN ADDITIONAL TWO YEARS IF THE CLAIM IS PRESENTED IN ACCORDANCE wiTH TEXAS CIVIL PRACTICE AND REMEDIES COVE SECTION 1 Ca0)8fc) OF THE TEXAS CIVIL PRACTICE & REMEDIES CODE), INDEMNIFY AND HOLD HARMLESS OWNER AND :ALL OF ITS OFFICERS. TRUSTEES. AGENTS. REPRESENTATIVES. SERVANTS. AND EMPLOYEES FROM ANY LOSS, DAMAGE. LIABILITY. OR EXPENSE, INCLUDING ATTORNEY'S FEES. ON ACCOUNT OF DAMAGE OR DESTRUCTION TO PROPERTY AND INJURIES. INCLUDING DEATH. TO ANY OR ALL PERSONS.. INCLUDING INVITEES AND EMPLOYEES OF THE OWNER. CONSTRUCTION MANAGER, ARCHITECT. OR SUi3CON7I'RA(:7FORS AND OF ALL OTHER PERSONS PERFORMING ANY PART OF THE WORK. TO THE EXTENT CAUSED IN WHOLE OR I` PART ANY ADJUDICATED ACT OF NEGLIGENCE ON THE PART OF ARCHITECT OR ANY 13REACH OF ANY OF ITS OBLIGATIONS UNDER THIS AGREEN,4EN" -, provided and except, however. that this indemnification provision shall not be construed as requiring Architect to indemnify or hold Owner harmless for any° kiss, damaze, liability, or expense on account of damaged property- or injuries. including death to any person. which may arise out of or may be.. caused by any act of neelirtence of breach of obligation under this Aereemetht by Owner or ()inner`, employees or agents." "§ 1.7. Architect shall keep all accounting and construction records oil the Project for a period of at least twelve years after Final Completion of the Project. and thereafter shall offer the record,,,, to the Owner in writing, in order for Owner to comply with its records retention requirements. per the Texas Government Code section 441.158 cat .seq, sued Elie Texas Libras) and Archives Commission's Local Schedule GR (Government Records). In the alternative, .architect may providesuch records to Owner for retention at any tinhe if Owner agrees in writing to accept such records in lieu ofArchitect's retention under this Section." § 1.. The Architect shall be entitled to rely- on the accuracy and completeness of services and information furnished by the. Owner. The Architect shall provide prompt written notice to the Owner if the. Architect becomes aware of any errors. omissions or iriconsistencies in such services or information. Architect shall also promptly respond in writing io notices from Owner provided in accordance with Section 4,10, and .,hall, if requested, promptly meet with Owner to discuss same..° § 1.9 Architect shall reasonably cooperate with the Construction Manager at Risk, the Pre;, ram :.\3ana-er. if any. the Owner. and the Owner's representatives, including legal counsel, in fulfillment of the Architect's anti the Construction Manager at Risk's responsibilities (Ender their Owner.' Init. AIA Document Basal r," —1997. Copyright Q 9741978, 987 ano 997 by i e American t isUtute oA cNe is An rights reserved ,:d�.�zt�ING s his A A`` "bcur miss iF PrWOC14rd by US. Coppriqlm n i .o Tr s ie na hor Rd reproducNo" of `i riwA on of mis AIA Document, nt, or any cc,.r in o? S m .k resuii €n s44,vare civil end crimrnai -n 0i, es, s.r d ,,,il p, E u3 .v ,ra= r�ax i.rr�n ex,e. t �ws, ie prod -':ia 3e�ff. his dacumer=t ? was ; reduced oy AIA so':ware at t 5 32:1£ on P9 2212008 we der C,rdee No. *00V-3741 _1 whsch erOires on 2 1'2009. and is not 'ot resaie. User (moles: i3928292658P; ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES § 2.1 DEFINITION The Architect's Basic Sett ices consist of those described in Sections 2.2 through 2.6 and any rather services identified in Article 12 as part of Basic Smices. and include normal structural. mechanical and electrical engincerino services -sufficient to construct the Project,, Z At intervals agrecuble to the Owner and Congtruciion NTanager at Risk or Owner*s cot consultant, the Architect shall Provide progress Drawings. Specifications and other documents for the OwneCs and Construction Manager at Risk or Owner's cost consultant*,, information and review, The Architect shall review the Owner's Project. budget, preliminary estimates of Construction Cost or detailed estimates of Construction Cost prepared by, the Construction ,Nlanager at Risk or Owner's cost consultant solely for gtiidance in the Architect',, preparation of the Construction Document;. Accordingly, the Architect cannot and does not warrant the accuracy of the estimates of the Construction ?tanager at Ris), or OwneCs cost consultant, or warrant or represent that bids or negotiated prices will not van, from the Owner's Project budget or front tiny estimate of Construction Cost or evaluation prepared by the Construction Nlanager at Risk or Owner's cost consultant. No fixed limit of Construction Cost shall be established as a condition of this Agreentent. In the event that the Construction !Manager at Risk's or Owner*s cost consultant's esiimatc or the lowest bona fide bid or negotiated proposal received by the Owner exceeds the Owner's'budget for reasons other than those established in this Agreement. the modification of the Contract Documents, if required, shall entitle the Architect to a Change in Service.- under the term,, of this Aereement, whether or not the construction phase is commenced. § 2.2A PRE�SCHEMATIC DESIGN PHASE § 2,2A, 1. The Architect. in consultation with Owner. shall develop a tikriltcn program for the Project to ascertain the Owner's needs and establish the requirements for the Project. § 2.2 SCHEMATIC DESIGN PHASE § 2.2.1 Tile Architect -,hall work- with the Construction N-lanager at Risk and the Owner utilizing the Programming and Needs Assessment appro%ed hy the Owner to est, -ablish m and/or validate the budget based on the requirements of the Project and shall arrive at a mutual understanding of such requirements and budget with the Owner. § 2.2,2 The Architect shall provide a preliminary evaluaiion of the Project program. schedule and construction budget requirement,,, each in terms of the: rather. subject to the limitations set forth in Section .2.1. § 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Pr()jecL § 2.2.4 Based on the ritutu,,illy agreed -upon program. schedule and construction budget requirements, the Architect shall prepare. for approval by the Okkricr, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components, § 2.2.5 The Architect working with the Construction Manager at Risk shall submit to the Owner a preliminary estitnate of Construction Cost based on current area. volume or similar conceptual estimating techniques, § 2.3 DESIGN DEVELOPMENT PHASE § 2.3.1 Based on the approved Schematic I)csign Documents and any adj List me nts authorized by the Owner in the program. ,schedule or construction budga the Architect shall prepare, for approval by the Owner. Design Development Documents consisting of drakvings and other documents to fix and describe the size and character of the Project as to architectural. structural. mechanical and electrical systems. materials and such other elements as may be appropriate. AIA Document 8151 -u - 1997. Copyright'D 1974. 197S 1, 987, and 1997 oy The American lnstiloetd Arthi*iecls, All rights reserved. IWATM-; A NING: TMA' Init. Document is protected by U:S. Law arA, Internatitnal TTeatks- Unnulhwiied raprodki0oo w dlsY'11�Ution, of vnis 0�C,amem 'a, any P,>rtion of il. rnayrPSO un severe Cv a and criminal ppnaRivs, and vq' H be pi set uledl to the r axi r s r er.tert possihlef Lndtf ihe lavv, This d,3cU-;1en* I was produced by AIA software at ISMIB ru I 0,22,230RL;,rderOrder No. 1000S43-741 I which expires on. 2; 1 T2009, and is nol la,,,Psale, User Notes: 2.12The Architect shall advise the Ow nor of any ad ustmenis to the prolitninary estimate of Construction Cost, J "§ 2-33 The Architect shall visit the Owner*,, Project site and shall provide to Owner a written report evaluating the feasibility of the Owner*s site for [lie Pro ect based on site conditions. j and the O"ner's program. schedule and budget for the Construction Cost. The Architect shall include, in the written report. an identification and evaluation of the location. availability. adequacy. capacity. and sufficiency of all utilities necessary to serve the completed Project. "I"fic Architect shall address with tile Owner any exist ng casements or rights -of -wax, which may interfere with Owner*$ Project." § 2.3.4. Architect a2t`005 10 Use his best professional judgment and reasonable care consistent with the practice of architecture and/or en-inLerin- in the State of Texas in executing the construction docurncnt-, Architect's siz-nature and sea] on the construction documents shall certify Architect as Architect of Record, § 2.3.4J, Architect shall perform a building code search under applicabic regulations that may influence the Project, and assures the Owner that the Jesi-n t,vill be researched before it is final. Architect shall also assure the Owner that the facilities will be desi-ned based on the current iriterprewtions of applicable building codes. Owner specifications and all documented changes requested by the Owner to the Construction Documents, provided by the Owner during, the Construction Document Phase. § 2.3.4.2. In providing the assurances required under the provisions of this Section. Architect shall exercise his,ffier reasonable profcssional judgment and care consistent with the practice Of architecture in the State of Texas and applicable law. Architect shall design the Project in such a manner that the Project or each part of tile Project is readily accessible to and usable by individuals %vith disabilities, in compliance with 'I"exas Government Code Chapter 469. the Texas Accessibility Standards. all applicable requirements or standards of the Texas Department of Licensing and Regulation,and otherwise complies with all applicabic legal 0, requirements applicable to (')toner as a public entity. In addition, all outdoor fighting fixtures designed by Architect, Warty, shall meet the 2006 IECC which dictates allowable exterior light lea-4ds the local light trespass ordinance as adopted by the City of Southlake, and all ventilation and i ndoor air quality systems designed by Architect shall meet the Ashrac Standard 62-1999, Revisions Or amendments to applicable codes or standards which the ONvner/Nlunicipality desire to interject into this, project after the Project is permitted and revisions or it mend tile tits to applicable codes or standards which becorric effective after the date of Substantial Completion shall be addressed by the Architect, and -hall be compensated as a Change in Service under this AeC"re ement. § 2.4 CONSTRUCTION DOCUMENTS PHASE § 2.4.1 Based on the approved Design Development Documents and any furthera4jusinients in the scope or quality of the Project or in the construction budget authorized by the Owner. the Architect shall prepare. for approo-al by the. O-,vner. Construction Documents consisting of Drawings* and Specifications setting forth in detail the requirements for the construction of the Project. § 14. 1. L'Fhe Architect shall seal the Project Manual. the Architectural Construction Drawin-s prepared by the Architect. and any subsequent addenda Or supplenient', to the ["reject 1,Ianual or Architectural Construction Drawings prepared by the Architect- The remaining portions of the Project Construction Drawin-s not in the Architectural Drawinils. or not prepared by the Architect but provided for in the Basic Services of the contract will be scaled by the appropriate entity responsible for that portion (if the W"ork, § 2.4.L2. The Construction Documents shall reflect all agreement, between Owner and Architect concerning, Owner's budgetary constraints. programmatic needs and expectations as to quality, functionality of systems. ni�ainlcnancc costs, and usable life of equipment and facilities. Said Construction Documents shall reflect the OwncCs program and specifications, any state or federal adequacy standards, and the standards set forth in this Agreement, as amended. The Architect shall provide Construction Documents which ;are sufficient for Owner to complete construction of the Project. and are free front material defects or omissions. The Construction Documents shall comply with current interpretations of applicable laws. ordinances. codes. rules, and rct,uh-itic,11s. as of the date of issuance of construction documents. Owner and Owner's authorized representative.,; shall be given the opportunity to review all Construction Documents prior to release of the documents for bidding, proposal Or negotiation purposes,, AIA Docurnent B151"— 1997. Copyright Zn, I S74, *78, 1987 and '997 by TneAmem:an. lrs*,iluieo'A-cliitE,--Zs.All;,Ighls reserved. WAPNING:ThAM "s , Init. 01,0 C;wnonit ss pima -clad by US, Copy iglu Law and nternnVonaf IF€?.jjjes, P rt,din on zor dir,Trabufltm of 01is AM' 047,ur3en0liny Portion oi,5L May re5tit> in Criminal be P-05=Ap�l m, flw n1oxinnum cxa writ polsible under ulie docMent :vas Drodureo by Ark softwae at 1 0218 on 10'22;2,008or1cfe, amiros or., 211720M and is not f�,,- fesae, User Notes* i3923292658' 2.4.2 [)uring the development of the Construction Documents. the Architect ,hall assist in the development and preparation, in con.SUltatiOrl with Owner and its legal counsel and the Construction Nlana2er at Ris,&: (1) bidding. competitive purchasing and procurerneni ;information which describes the tinge, place and conditions of bidding or proposing. bidding or proposal form.,: and tile form of agreement between the Owner and the Construction Manager at Risk-; and (2) the. Conditions of the Contract for Construction (General, Supplementary arid other Conditions), as amended for the Project, all to include provisions, required by Ovvner, In con su Itll ion with its legal counsel and Construction Nlanager at Risk. After consultation with the Owner and Construction Manager at RisL Architect also shall compile the Project IN4anual that includes the Conditions of the Contract for Construction and Project Specifications, bidding or proposal requirement,,. and sample forms. described above• Waraqnvh deleted) § 2.4.3 Tile Architect shall advise the Owner of ally adjustments to previous, preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions'. § 2.4.4 TheArchitectshall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project, § 2,45. 'l-be procurement and project delivery method shall be designated by Ouncr's City Council, pursuant to Texas, Local Cgwernment Code section 271.114. 2.4.0As used in this Agreement. the terms "Bids" or "Bidding" shall include any method of competitive procurement permitted under the Te\as Local Government Code Chapter 271 and other applicable provisions." § 2.5 BIDDING OR NEGOTIATION PHASE §2.5,1 The Architect. following the Owner's approval of the Construction Documents arid of the Construction Nlanaoer at Risk*s latest estimate of Construction Cost, shall assist the Construction Manager C at Risk and the Owner in obtaining bids or nego tiated proposals and assist in preparing contracts for construction, Furthermore the Architect shall cooperate with the Owners legal counsel in the .Architect's preparation of Request for Proposal documenis for the Construction Manager at Risk, contract document,, and the General Conditions of the Contract for Construction, as amended or supplemented for the Project, to be used in the proposal process." § 2.6 CONSTRUCTION PHASE -ADMINISTRATION OF THE CONSTRUCTION CONTRACT § 2.6.1 The Architect's responsibility to provide Basic Services, for the Construction Phase tinder this ,%grecimm commences with the award of the Contract for construction and terminates at the earlier of the issuance to the Owner of` the final Project Certificate for Payment or 60 days after the date of Substantial Completion of the Work, 'floe Architect's responsibility under this aareement shall include a post construction inspection of the facility prior to the expiration of the -warranty period and includes the preparation of report to the Owner. § 2.6.2The Architect ,hall provide administration of the Contract for construction in cooperation with the Construction Nlanager at Risk asset forth below and in the edition of AIA Document A201- 1997, Gencral Conditions of the Contract for Construction. current as of the date of this Agreement, as modified by the parties hereto. § 2.0 Duties. responsibilities and limitations of authority of the Architect shall not be restricted. modified or extended without written aereerrient of the Owner and Architect. § 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) durin2 come truciion until final payment to the Construction 'Manager at Risk- is clue, and (2) as an Additional Service ill thcbk; ner-s AIA Document 81511v — 1997. Copyright �P' 1974, 197a. '987 and 19V by Th.e Atnencan, lnsliwte of Ard,lects. All rights reserved. WARNWG� irisAW Init. i5 pro*c-cled py US. Copyrighl Law aia lnternmkonzd Wau*,hafl.:.t,,d rtpmdudiim sr al This AAA-0,nunieM, or any portion of;1" mg resui. in �,evrno civiland crimm-'11 pj,,W6fm le'd w"I be pyosi"rwel ta, lh� meximum �.xfx:ml passible ur4�er tl� law. This tocumera was produced by CIA sofmare at 15:02:18 an 10`222008 vnd-w OrderNo. I M03437 1_1 ��hjCj,.. expires or., 2, � is 01 �e?es 4 1,f I r User Notes: direction from tirne to time during the correction period described in the Contracts for Construction. The Architect shall have autboriu,: to act on behalf of the Owner orliv to the extent provided in this Agreement unless otherwise modified by- written instrument, § 2.6.5 "rile Architect shall visit the construction site at least once a week as needed upon commencement of the construction phase of the Project at intervals appropriate to job site activities. regardless of whether consiniction is in progress. to becorne 0enerally familiar as ith the progress and quality of the Work, completed and to determine if the Work is being performed in a manner indicating that the 1Vork iviien completed will be in substantial accordance with the Contract Documents. The Architect shall provide the Owner to written report subsequem to each site visit, On the basis of can -site observa t ions as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work. and shall exercise reasonable care and diligence in discovering and promptly reporting to the Owner any discovered or detected defects or deficiencies in the work of the Construction at Risk or anv of the Subcontractors, The Architect represents that he will follow professional standards prevailing in the Dallas/Fort Z7 Worth nietroplex area in performing all set -vices under this agreernem. The Architect shall promptly correct any defective designs or specification,', furnished by the Architect at no cost to the Owner. Funherinore. a minfinurn of tAvojob site niceting, per month frorn cominencernent of construction through Final Completion will be initiated by the Architect., Attendees will include Owner. the Contractor's project manager and/or superintendent, Architect's project representative. ,and Architect. Architect or his autborizcd representative will provide on -site observations prior to and during all concrete pours that contribute to the structural inteerity of the building, including all POLU'S of concrete piers, footings. -rade bears. floor slabs. and concrete superstructure components, if applicable. In addition. Architect or his authorized represeritativewill provide on -site observations prior to covering up C11 or closing up of portions of the construction which, if covered. would conceal problems with die stiwtural integrity of the Project. Architect will advise O%Arler of the need for any third party laboratory or testing services to assist the Architect. and will assist Owner in development of Requests for Proposals or other solicitations for any required testing services approved by Owner. On the basis of the on -site observations by Architect. Architect shall keep Owner and Owner's Contractor informed of the progress and quality of the Work. through Architect's field reports and shall endeavor to 4allard against and report to the Owner defects and deficiencies in the Work. and shall promptly notify Owner and Contractor orall-v regarding the defect or nonconformin g ai ork. which shall be followed by notice in writing ot'defects and nonconforming work noted and corrective actions taken or recommended. The Architect shall neither have control over or charge of., not- be responsible for, the construction linears, methods. techniques, sequences or procedures. or safety precautions and prograins in connection with the Work, since these are solely the Corilractor's rights and responsibilities under the Contract Documents. C Any services by Architect trade rwcc.ssary due to Architect's negligent failure to discover a construction defect or noncoriftirmitiL, work shall be at no additional cost to bkvner. Any, services by Architect made necessary by Architect's negligent design errors or ornissiow, shall be at no additional cost to Owner. § 2.6.6 The Architect shall report to the Owner known deviations from the Contract Docurnents, and from the most recent construction schedule submitted by the Construction Manager at Risk. However, the Architect shall not be responsible for the ContractoCs 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 nol be responsible for acts or omissions of the Contractor. Subcontractors. or their agents or employees. or of any other persons or entities perforaling portions of the WorL "The Architect shall reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable. the Architect will recommend to Owner additional inspection or testing of the Work in accordance with the provisions of the Contract Documents. whether or not such Work is fabricated, installed, or completed. Ho)Aever, 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 - duty or responsibility of the Architect to the Construction Manager at Risk. Subcontractors. material and equipment suppliers. their AIA Document B15171 -1997. Copyright e9741978, as and !997 b7PeAmerican inSfiluleo', Arct,3ileccls. All rights reserved- INAMNINGThis MA' Init. Docume'll is pr,,mecled by U.S, copyngM I.zw aunl relpro'luction oT . ibul 'on --,' this AIA' Dacurnenl, ol iny ooriiwl 04 �-n�y refuft in _giver..ci�Al and ""Id �0 Il�oi - 10 Pm1p;-11 undn� Iho lna. i .�s Oocumen� a vzs� crodL4�--dn5 AIA so" re a, 115.02:18 on '0222,308 unde,Orde, No., 0,0034137411 wN, exoes 0.,� ndt orres�ie. user Notes: (3923292658) agents or employees or other persons or entities performing Ivrlions of tine Work, Architect shall promptly notify Owner and Construction Mana2er at Risk. orally and in writing, (if any observed fault or defect in the Project or nonconformance with Contract Documents. upon discovery of the defect or nonconk)rrnance. and shall notify Owner of all corrective actions taken or recommended, The testing or inspections required by this Section are subject to the requirements of Chapter 271 of the Texas Local 60verriment Code," § 2.6,7 The Architect shall at all times have access, to the Work wherever it is in preparation or progress. C, § 2.6.8 Communications bv and with the Architect's consultants shall be thrcmeh the Architect. Notwithstanding the above, 0vncr reserves the right to communicate directly with the Construction Manager at Risk provided Owner promptly notifies Architect of any such communication. § 2.6.9 Based on the Architect's observations and evaluations of each Application for Payment. the Architect shall review and certify the arnounts clue the.. Construction Manager at Risk. § 2.6,91 T'he Architect shall observe the progress of tile Work. critically evaluate, review and certify the amounts (file to the Constniction Manager at Risk and shall sign and issue Certificates for Payment in such amounts, if such amounts appear io be valid. correct and deemed due and owing. to the, best of the Z� Architect's knowledge. information and belief. within seven days of receipt of Construction Manager at Risk's application for payment. § 2.6.9.2.The Architect's certification for payment ,,hall constitute a representation to the Owner. based on tile Architect's observations, andlor evaluation (if the Work as provided in Section 2,6.21 and on the data comprising the Construction Manager at Risk's Application for Payment, that the Work has progressed to the point indicated and that. to the best of the Architect's knowledge. information and belief, the quality of the Work is in accordance with tile Construction Documents and the Contract 'ontract Document,, and believe that the amounts requested in the Application for Payment are valid and correct, to the best of the Architect's knowledge. information and belief- The fore- 1 9:7 representations are subject (1) to an evaluation of the ,-Mna repi Work for conformance with the Contract DOCUITICTAS upon Substantial Completion, (2) to results of subsequent tests and inspections, (3 , i to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect in writing to Owner." i'Paragr­aphs deleted) § 2.6,10 The Architect shall have authority. after notification to the Construefion Nianincr at Risk and the Owner. to reject Work ",,hick does not conform tea the Contract Docurnents. Whenever the Architect considers it necessary or aclOsable for implementation of the intent of the ContractDocuments, the Architect will have authority. upon written authorization from the Owner, to require additional inspection or testing of the. Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated. installed or completed, llo%vvver. neither this authority of the,architectnor a decision made in Lood faith either tc3 exercise or not to exercise such authority shall give rise to duty or responsibility of the Architect to the Construction Manager at Risk. Subcontractors, material and equipment suppliers. their agents or employees or, othez persons performing portions of the Work. § 2.6.11 The Architect shall review and approve or take other appropriate action upon at Risk's submittals such as Shop Drawings. Product Data and Samples. but only for the limited purpose of checking for conformance with information sken and the design concept expressed in the Contract DocurneriES.The Architect's action shall be taken with such reasonable promptness as to cause no clelay in the Contractors' Work or in construction by the 0%vner's own forces. while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is, not conducted for the purpose of determining the accuracy and coml-.1leteness, of other details such as dimensions and quantities or for substantiating instructions for installa(iVil L or performance of equipment or systems designed by the Subcontractors, all of which remain the responsibility of tile Construction Manazer at Risk and Subcontractors to the extent required by the Contract Documents. The Architect's review shali, not constitute approval of safety precautions or, unless othenvise spccifically.�tated by the Architect. of construction means, methods. techniques. sequencer or procedures. The Architect's approval of a specific item shall not indicate approval (if an assembly (if 'which the itern is a conip-4,,ment_ When professional certification of performance characteristics of materials. syslems or equipment is required by the Contract AIA Document 81 $1 Tw- 1997. Copyright S74,19780, 1987and '1997 by The Amcrican InslituIreoi Ar-,teats. All rights reservedWARNINIG;Tlis AIA' Init. Eyozurnent €s prolecle'd by U's. Copynght Law rigid In c rn§Ucf net Unauthedzed or d�slribufion of this AW iD=rsia oot. of imy ol��1110orl 01 il, n1lay rzruit in c4,ji and rrmlriM pnnaNi M­ lard vAll be I,,. 11hp. maximwA extent possibN,, under Ithe 1mv, TNs da"men.l Nasprodu-_-a�by AlAsofiwarea? 15;02.18on 10,22.2308 LinleDrdetNo,100034Z741_1 whiVt ex.Pires ;fin27,2009, an�';os not lormsa'e, User Notes, {3928292658'i Documents. the Architect shall be entitled to rely upon such cerjifjcatican taa establish 11,11, the materials. systems or equipment will Meet the performance criteria required by [lie Contract Documents. § 2.6,12 The Architect shall review and sign Or take otberappropria-le action on Change Ordersand Construction Change Directives prepared by the Construction Nlanager at Risk for the Owner's approval and execution ill accordance with the Contract Documents. § 2,6.13 The Architect rilay authorize minor changes in Wt)rk not involvinjL" an a(kiustinent in a Contract Sum or an eXte"SiOn of,' ContractTime which are not inconsistent with the intent ()(the Contract Documents. Such changes shall be eflecied byNkTiMll order issued through the Construction Manager at Risk as approved by the Owner. § 2.6.14 The Architect, assisted by the Construction !vIanagerat Risk. shall conduct inspection,, to determine the date or dates of Substantial Completion and the date of final completion which shall be approved by the Owner. The Architect shall ilonvard to the Owner warranties and similar submittals required by the Contract Documents w hich have been received from the Construction Manager at Risk-. The Architect shall issue a final Project Certificate for Payment upon compliance with the requirements of the Contract I)ocurrients. § 2.6.15 The Architect shall interpret and decide matters concerning performance of the O%t ner and Construction Z� niana-z�er at Risk Linder the requirements of the Final Contract Documents on written request of either the Owner or Construction at Risk. The Architect's response to such requests sliall be made with reasonable promptness and within any time limits agreed upon, 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable front' the Final Contract Mcuments and shall be in writing or in the form of drawings. When making such interpretations and initial decisions. the Architect +Jiall endeavor (iisecure faithful pri-Rviliance by both Ov'rier and Construction Manager at Risk, shall not show partiality (o either, and shall not be liable for results of interpretations or decisions so rendered in good faith. § 2.6.17 The Architect's decisions on matiers relating to aesthetic effect shall be final if consistent with the intent expressed in the Final Contract Documents, § 2,618 The Architect shall render written decisions via electronic mail, fax, or hardcopy within a reasonah, le time on all claims. disputes or other matters in question between the. Owner and Construction N-lanager lit Risk relating To the execution or progress of the W'oirk as provided in the Final Contract Documents, 1 2-6-19. The Architect shall document all illeetings and decisions, made throughout the course of the Project and shall provide copies to the Owner and to the; Construction Martager at Risk." "§ 2.6.20. The Architect -,,hall provide the Owner with ov() sets cif reproducible prints showing. in the Architect's judgment. significant changes to [lie Construction I)ocuments during the Construction Phase. Z1. - - ARTICLE 3 ADDITIONAL SERVICES § 3.1 GENERAL § 3.1.1 The. services described in this Article 3 are not include(] in Basic Services unless so identified in Article I2. and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described Linder Contingent Additi4*)nal Services in Section 3.3 are required due to Circumstances beyond the Architect's control. the Architect shall notify the Owner prior to commencing ,,;rich If the Owner deem,,' that such services described under Section 33 are not required. the Owner shall give prompt-Writtell notice to the Architect, If the Owner indicates in writing. that all or part of such Contingent zh Additional Services are 910E required. the Architect shall have no i-,)blioation to provide those service,-,. z § 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES § 3.2.1 It""Ore extensive representation at the site than is described in Section 2.6.5 is required. the Architect shall provide one or more project Representatives to assist in carrying out such additional on -site responsibi I i ties, Int AIA 00eument li151- - 1997.CoPyrighll- 1974, 1978?W ad tzy TheAmericanfrisli%rie of AchijecIs. All rights reserved. WARNMG; This AW Document is pno!stt�d 1_'y US, Copyriqh! Law and tniernz;lianal Uhom-ed diwtibulmn _i tints A-m' Dw'urrevt' w tarry is firi r" V1 it rna y fe!� urn i ri ��r m ve's e, H and cri P"' i na" pen'%ifles, and 'M4 L"'. P, 0 se'_� ;V. d tit the M.� M UX M �itW' &Mdo-r the iaw' Thj$ 1*C0mejj 12 was rodu�, -ad b%' AJA sollware tit i5.02:18 on, 1008 22:20unc-r ord�,rNo. 100�,3z3741 1 which. Mires on 2,17,120-09, and is r-,o* 'tr fesz,e, p User Norm, § 3.2.2 Project Representatives shall be selected, employed and directed by the Architect. and the Architect shall be compensated therefore as agreed by the Owner and Architect. The dutics, responsibilities and limitations of authority of Project Representatives ,;hall be as described in the edition ofAlA Document B352 current as (if the date of this Agreement, as modified by the paiiies thereto, unless otherwise agreed. § 3.2.3'rilrou44i, the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner agaima defects and deficiencies in the Work, but the furnishing of -,,Lich pr(aject representation shall not modify the rights. resiDonsibilities or obligations of the Architect as dc-,;crilvd elsewhere in this § 3.3 CONTINGENT ADDITIONAL SERVICES § 33.1 When approved by Owner. making revisions in Drawings. Specifications. or other documents NN hen such revisions, unless attributable to tile fault of the architect, are: .1 inconsistent with approvals or instructions preciously given by the Owner. including revisions made necessary by adjustments in 111C OWTICT'S program or Project budget; 1 ,2 required by the enactment or revision of codes. laws or re tilati«ns subsequent to the preparation of such doculnents', or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.3.2 Pro viding.w.rvices required because ofsignificant changes in the Project including, but not limited to. ,ize. Z! 11 quality. complexity. the Owner's schedule. or the method of bidding or negotiaiing and contracting for construction. except for services required under Section 5.2,i. § 3.33 Preparing Drawings. Specifications and other documentation and supporting data. evaluating Contractor's proposals. and providing other services in connection with Change Orders and Construction Chan,_,e T)irectives which are not otherwise included in the Basic Services, § 3.3.4 Providinge services in connection will, evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings. Specifications and other documentation resulting therefrom. 9� 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction. ' and furnishing services required in connection %viih the replacement (Iir such Work. § 3.3.6 Providing service , made necessaryby the default of the Contractor, by major ciefects or deficiencics in ttte Work, of the Contractor, or by failure ofpti-formance ofeither the Owner or Contractor under the Contract for Construction. § 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the. Work. § 3.3.8 Providinj,, services in connection with a public hearing. a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. § 3.3.9 Preparing document,-, for alternate. SCParalC Or',,CqUelltial bids or providing services in connection with bidding. negotiation or construction prior to the completion of the Construction Documents Phase. § 3.4 OPTIONAL ADDITIONAL SERVICES § 3.4.1 Providing analyses of the Owner's needs and proartunming the requirentents, of the Project. 3.4,2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surz ey c, site evaluations or comparative studies cit'pro spective sites 3.4.4 Providing special surveys. environnicn(al studies and submi approvals cr s, Jons, required for. of 2twernmental authorities or others havine jurisdiction over the Project. § 3.4.5 Providing, services relative. 10 future facilities. rvslcms and equipment. AIA Document 815110 —1997. Copyright 0 1974.197f, 1987 arid 1997 nyThe Amvican InsIfItOeo! Atchitecls. All tights resetved. WkFRN1NG,.,','hiS AIA, is p?,otealed !:,%: U.S, Copyright Law rmd irw!mtjonal Uiawhnrizrd � dcslribuboM5 AiA� 0r any poniot, 01 it, 'ay nalbes� P�os�,.c;ulvd to 'lie Maximum dackiment 13 1�,j,14 td pe� ind wiit t, h., was vrodooedby AIA soliwa,e M 1 5_021 8 on 0 22,2008 under 0,,Oe. No 1000343741 1, w,,.ich ex.-ires on 21i 720�3k. and i r.t t i r r. s User Notes: (.3928292655D § 3A.6 Providing services to investigate exisiiin4 conditions or facilities or to Intake measured drawin4,ts thereof. § 3.4.7 Prov idin_ services to verify the accuracy of drawings or rather information furnished by the 0.,vncr. § 3.4.6 Providing coordination of construction performed by separate contractors or by the Owner's ov=.gin forces and coordination of services required in connection with construc•ticin performed and equipment supplied by the. Owner. § 3.4.9 Providing services in connection with the work of separate consultants retained by the Owner, § 14.10 Providing detailed estimates of Construction Cost. § 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. § 3.4.12 Providing analyses of owning and operating : osys, § 3.4.13 NOT USED. 3.4.14 Providing services for planning tenant or rental spaces. § 3.4.15 ` lakinx investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. § 3.4.16 Preparing a set of reproducible record drawin! s showing, sit_*nificant changes in the. Work made during construction fused on marled -up prints, drawings and ether data furnished by the Contractor to the Architect. § 3,4.17 Providing assistance in the utilization of equipment or systems such as testing. adjusting and bilancin1g, preparation of operation and maintenance manuals, training per;onnel for operation and maintenance, and consultation during operation. § 3.4.18 Providing services after issuance to the. Owner of the final Certificate. for Payment. or in thc absence of a final Certificate tier Payment, mitre than 60 days after the date of Substantial Completion of the Work, § 3A.19 Providing services ofconsultants for other than architectural. structural, mechanical and electrical eng,ineering portions of the Project provided as a part of Basic Scrviec,s, § 3.4.20 Providing any tether services not mherwi�sc� included in this Agreement or riot customarily furnished in accordance with generally accepted architectural practice;. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4A The Owner shall provide information regarding r .quirernents.'for the. Project. including a program which shall set forth the Owner's objectives. schedule. constraints and criteria. including space requirements and relationships, flexibility. expandability, special equipment. syste.tn . and site requirements. § 4.2 The. Owner shall establish and update in overall budget for the Project . when required, based on consultation with the Construction Marmoer at Risk and the Architect, which shall include the C:onsiruciion Cost, the. Owner's - other costs and reasonable contin-encies related to all of these costs. § 4.3 The. Owner shall designate a representative authorized to ;act on the Owner's behalf with respect tf) the Prfriect. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delav in the orderly and sequential progress of the Architect's services. OwneCCity Council. by mojj rrity vote. is the only representative of Owner, a municipality-. having the power to enter into or amend a contract. eta approve changes in the Scope of the Work. tea approv e and execute a Change Order or Construction Chanute Directive modifving the. Contract Sum or Guaranteed Maximum Price, agree loan extension of the dates of Substantial Completicin or Final Completion. or AIA Dr�oment B151ru —1997. Copyright Ze 1974, t978 198€ a^ 1997 by ire Arneri. an institr:e Architects, Ali rights reserved IWARNatatu T"biq AiA'' toff• D� umpr. it ,,voiemuA by Ul S. Cnp rtj>rt law zmd ar Erna €o.ni rmg im unaulilvrizEd Grim a evin on Y r ia€ of Mir AtA Documet, or any rsI r, of 1'.< r ..r ?,zsuI" in ci+_i and crr minIi PC-m-, .. w, and ... i. pto'<x UIei 9u , e Max,r um en! pmssib?p undor the: h,,�v, iris iixumert 14 v as prcnw.s�soi. by AIA Aso! at : 5 ^L:t.E or, 3L' 22 2G,011, under Orde- '�:o.': r3{iO3,137d+ t .Y•ich E xp'rres on 2;: i `:�20,394 r�Y'G! is erne !ar >e5�I , User Notes. (?923292658i approve changes in the Architect*,,, compensation. Owner's City Council may designate one or more representatives with authority to sign documents after City Council approval and/or to advise an(] consult with Architect for day-to-day operations under the ageenlent. Owner's designated representative to sign contracts: Nzunc: Shana Yelverion Title: City Manager, orSUCCC-,`,0r. Owner's designated representative for day-to-day operations. Warne: Jim Bla-- Title: Assistant City Manag ger, or successor." In the event that an emergency decision is required before the City Council's next regular meeting or in order to facilitate and expedite the timely completion of the %Vork, the City (.ouncjl*s authorized representative may approve construction chances that do not exceed S 50,000 or 251",,i of the amount of the contract. whichever amount is less. in increased costs to the Owner. Any such change shall be confirmed in writino between the Architect. Contractor and the Owner's authorized representatives and notice of such 4, approved changes shall be given to the Council at its next regular meeting. The Council will act as soon as reasonably possible to avoid undue delays in the construction Completion Date or the orderly and sequentialprogress of the Architect's services, § 4.4 The Owner shall furnish surveys to describe physical characteristic-,. legal limitationsand utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include. as applicable. grades and lines of streets, alleys, pavements and adjoining property and structure,,', adjacent drainage: rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site: Z� locations, dimensions and necessary data with respect to existing buildings, other improvements and trees. and information eoncerninL, available utility services and lines, both public and private. above and below grade. including invert,; and depths. All the information on the survey -,hall be referenced to a Project benchmark,. 4.51'he Owner shall furnish the services of geoechnical engineers when such services are requested by the Architect. Suchservices may include but are not limited to test borings. test pit,. determinations of soil beating values, percolation tests, evaluations of hazardous materiaK ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions. with rcpons and appropriate recommendations, § 4.6 The Owner shall furnish the services of consulLants, other than those designated in Section 4.5 when such services are requested by the Architect and are reasonably required by the scope of the project, § 4.7 The Owner -,hall furnish strucluml. mechanical, and chemical test,,, test.,; for air and water pollution-, tests, for hazardous materials, and other laboratory and environmental tests, inspections and report,, required by law or the. Contract Documents. As required by Texas Local Government Code Chapter 271, Owner [[last contract separately with a registered professional engineer for the inspection services, testing of construction materials engineering, and verification testing services necessary for the acceptance of the facility by Owner, § 4.8 The Owner shall furnish all legaL accounting and insurance services that may be necessary at any time rr,* the Project to meet the Owner',., needs and interests. Such services shall include auditing Services the Own-er may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. §4.9'rhe services, information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the Owner's expense. and the Architect shall be entitled to rely upon the accuracy and completene." thereof. § 4.1017lie ()wner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project. including any errors, omissions or inconsistencies in the Architect's Instruments of Service. § 4.11 Prompt written notice shall be given by the Owner to the Architect and Construction Nlanagcrat Risk if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. AIA DoCument 8151 1-1 — 1997, Copyright ��, 197A. IF& 1967 ar&C 1997, by Pie Ame;isar? lnsvlwe of M�1--,ls. All rights reserved, WARNG� Ti h W* AW init. Doups is P-GtFated by U'18. Copyright U-w and Treilts, VnoWhW`Md *vfi$t€ibulion of this AIA* Docu mm,-,ro, Or any porlion t>f it, mlhy losJ, in were Civil �Irlj a,3dwjl2 be ptose,:,-ined 10 thv minimum eaten! p,7ssihli. wider ,lip sarwr, This dxumenl was oroduoed oy AiA software a, on 10'22�20108 under Order Na.'wh&� exoires on 217=9. and as no,, for -esaie, User Notes. 09WM56� § 4.12 The proposed language of certificates or cei•tilic,ations requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 1.7 days prior to ea;ecution. The Architect and ,architect's Consultants shall not make certifications that would require knowledge or services beyond the scope of this Agreement. § 4.13 The Owner shall furnish the required information and services and shall render approvals and decisions via electronic mail. fax. or hard -copy in a reasonably expeditious manner as necessary for the orderly progress of the Architect's services and Work of the. Contractors. § 4,14 The Owner shall famish the Architect copies of written communications vc ith the Construction 'Manager at Risk and Contractors via electronic mail. fax. or hardcopy. §§ 4,155 Nothing in this article shall relieve Architect of any responsibility or liability for the performance of architect's contracted services.,. fi 4.16. Architect that, to the extent defined in this agreement, he is the leader of the design team and is responsible. in accordance with this agreement. for the design of the Project. Therefore. Owner shall be entitled to rely on the Construction 17ocuntents. services. and information furnished by the. Architect. This ;Section shall not relieve Architect of any responsibility or liability for the performance of Arehitect•s contracted services on the Project." §4.1"7. The Owner's decisions on :natters relating to aesthetic effect shall be final. To the extent that 0,vvner's Construction tanager at Risk recommends aesthetic revisions to Owner. Architect shrill be consulted." ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION S.l.l. For the purpose of the Architect's cornpensation. the Construction Cost shall be the total cost at Final Completion of all elements of the Project designed or specified by the Architect and constructed by the Owner. To the extent the Project is not completed or constructed, the Construction Cost shall include the estimated cost to the Owner of all elements of the Project designed by the Architect and accepted by tite Owner. but not constructed bv the Owner,` (P ragrup h d lered) § 5.1.2 The Construction Cost shall includ: the cost it current market rates of labor and materials furnished by the, Owner and equipment designed. specified. selected or specially provided for by the Architect.. including the coasts of ntanagentent tar supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies :shall be included for market conditions at the time of bidding and for changes in the Work. § 5.1.3 For purposes of the Architects compensation, Construction Cost dares not include the conipenstaticatt oafthe Architect and the Architect's consultants. the costs of the land, rights -of -way and financing or other costs that are the responsibility of the Owner its provided in Article 4 or alternate designs of the Architect that are not constructed or approved by the Owner- § 5.2 RESPONSIBILITY FOR CONSTRUCTION COST § 5.2.1 Evaluations of the Owner's Project budget. the preliminary estimate of Construction Cost and detailed estimates of Construction Cost. if arty, prepared by the Architect. represent the. Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the. Architect near the Owner has control over the cost of labor., materials or equipment, over the. Contract0i`s methods of deterrnininv, bid prices. or over competitive. bidding. market or ne�otiatin condit.icans.: cctarrlingly. the Architect cannot anti sloes not warrant or represent that kids or negotiated prices will not vary from the. Owner's Project budget or from any wstimate of Construction Cost or evaluation prepared or agreed to by the Architect. AtA Document 8151 .0 — 1997. Copyright 'Qa 974,19 6 1 98 ^ ; id _ 55 by The Amenan lnsfiUeof All rights reserved § ArRNMGNt i AW 00. ,meat i, p.lec;ed vy U.S. Cc+pyrighl L xw erg i,.t.:r,as eri, 13 remi s. U autfro.azed reproduc!*n or a.s4ributkm ct thl's MA' Dr,ctnenl, or any 16 portion of ii, may re„ I in mvore c «tl and crimin;r! p + M,; Ind vPl h', ,eS.,L a<., algae M"ix€3num rvter: } p55ataSc sarsd. .he kX v, 11?i5 (i�Wia�sn; vr3S procM by AtA sa€amr?ro alks resale. User Notes: 39 329.�:58i § 5.2.2 No fixed limit of Construction Cost shall he established as a condition of this Agreement by the furnishing. proposal or establishment of a Pr<1ject budget. unless stich fixed limit has been a -reed upon in writing and signed by the parties hereto. 11'such a fixed limit has '6een established. the Architect shall be permitted 10 include contingencies for design. bidding and price escalation, to determine what matcr4&., equipment. component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limit,.,. if any. shall be increased in the amount of in increase in the Contract Surn occurring after execution of the Contract for Construction. § 5.2.3 if the Biddin.- or Negotiation Phase has not commenced within 90 days after the Architect submits the Coll"Iruction Documents to the Owner, any Project budget or fixed limit of Cost shall be adiusted it) C - reflect chan,-es in the teneral level of prices in the construction industry. § 5,2.4 If a fixed limit of Construction Cost (adjusted as provided its Section 5.23-i is exceeded by the lowest bona fide bid or negotiated proposal. prior to commencement of the Work . the Owner shall: .1 give \vfitten approval of all increase in such fixed limit: .2 authorize rebidding or renegotiating of the Pn,iject within a reasonable firne: .3 terminate in accordance with Section 8.5: or A cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 1 5.2.4;, When the Project requirements have been sufficiently identified. including Owner's budeecary constraints. programmatic needs, and expectations as to quality. functionality or systems, maintenance costs, and usable life of equipment and facilities. the Architect will assist the Construction %lanac!er at Risk in his preparation of a preliminary estimate of the Construction Goss. This estimate may be based on current area, volume or similar conceptual c.,;timaling techniques. As the design process progresses through the and of the preparation of the Construction Documents, the Architect. and, if applicable, the Construction NTanager at Risk, shall update and refine the preliminary estimate, of the Construction Cost. The Architect shall advise the Owner of any adjumments to previous estimates of the Construction Cost indicated by changes in Project requirements or lzener, at market conditions. The Architect shall cooperate with Owner and, if applicable. Construction at Risk. in developing and designing the Project to satisfy Owner's budgetary consiraints, programmatic needs and expectations as to quality, functionality of systems, maintenance costs. and useable life of equipment anti facilities. If the estimate of the Construction Cost exceeds the Owner's bude zet, then the Architect shall redesign elements to achieve cost savings within the Scope of the Work, but in doing shall not, delete any essential element of the Project. Architect shall present the redesign to Owner for Owner's approval and, in doing so, shall notify Owner in writing of the actions taken to bring the Project into Owner's budget- If Architect is unable to redesign the Project to meet Owner's budgetary, programmatic and quality needs. then the Architect shift] make appropriate written recommendations to the Owner to adjust the Pr(,)jcci*s size, quality or budget, and the Owner shall cooperate with ;be Architect in making such adjustments, Waragraph deleted) ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 6.1. Architect shall provide to Owner all drawings, specifications. and instructions to the Construction Manager at Risk (includint, the necessary number of paper and electronic copied hereinafter referred to as Construction Documents." that are within Architect's scope of services and that are sufficient for Owner to complete construction of the Project and are free from material defects or omissions. The Construction Documents are for use solely with respect to chi-, Project. The Architect arid the Architect's consultants shall be deemed the authors and owners or their respective Construction Documents and shall retain all common law, statutory and other reserved rights. including colit'Tight."'. § 6.2. Upon execution of this .Agreement, the Architect l.,rants to the Owner a nonexclusive license to reproduce and use the Architect s Construction DOCUtrients for purposes of constructing, using and, maintaining the Project,. This nonexclusive license shall survive termination of this :Agreement. The Architect Shall obtain similar nonexclusi%e licenses from the Architect's consultants. consistent with this Agreement. The grant of non-excluMve licenses to reproduce the Architect's Construction Documents does not constitute as sale or transfer of ownership. AIA Document 13151rm - 199T Copyright Q 1974, 1978. 1987 and IC-97 ly T41e A-Mencar InSlimla o� Archii-_-.-tS. All rights reserved VVARNINQ Th��', AW init. is prote"�,J by IJSColayfighl Lnv and Inttmmlionli Tfeal:t5_ or �istritilition of tHs AfA' or ally posijon of Et, May ieSof 17 crimi--0 pcn:"1! irld wM be proseooir�d I e the mmzanat,.n em,,nt v,,),.slbie und Dfm is en 1 %,;aa procu--ed by AlAsofro-,are a, 15_,02:i6nr; i0,72.20D8 1 on al,7'20C-9, and is n. ', for resalp_ User Notes: (392n,92658) § 63. Except for the licenses granted in Section 6.2, no other license or right shall be deemed granted or implied under this Agreement, The Owner shall not assi-n, deleeate, sublicense. pledge or otherwise z C� - - transfer any license granted herein to another party without the prior written agreemem of the Architect, However, the Owner shall be permitted to authorize the Contractor. Subcontractors. Sub-subconEractors, and material or equipment suppliers to reproduce applicable portions of the Construction Documcmis appropriate EO and for use in their execution of the Work by" license granted in Section 6.2. Submission or distribution of Construction I)ocumetiLs to meet official regulatory requiremems or for similar purposes in connection with the Pro,jeci is not to be construed as publication in derogation of the reserved rights of [lie Architect and the Architect's consultants. Architect allows Owner to use the Construction Documents for future renovations. repairs. addition", Or alterations to the Project. Any unauthorized use of the Construction Documents by Owner or others shall be at the user's sole risk and without liability it) the Architect and the Architect's consultants." § 6.4 Owner understands that and a-rees that the Construction Documents are for Owner's sole benefit and exclusive use and are not intended or represented to be suitable for reuse by Owner or third parties. Reliance upon services and work products is limited to Owner. to the time that services are provided and to the agreed scope of such services. Any reuse by Owner or by those who obtained said documents from Owner without written reliance. verification, or adaptation by Architect will be at Owner's sole risk and %viEhout liability or letzal exposure to Architect. or to Architect's independent associates or consultants, TO THE EXTENT PERIMIT-FED BY LANN'. OWNFR SHALL, IN ACCORDANCE WIT[i THT's AGRf,'ENIENt. (NDLNINIFY AND HOLD HARMLESS ARCHITECT AN't) ARCIWrEcr's A."3SOCIAUS XND CONSULTNNNTS FROM At.,)., CLAIMS, DAMAGES, LOSSEIS, AND INCLUMV; ATTORNEYS' FEES ARBING ovr of oR RLSIAXIM.; THEREFROM. Architect will issue reliance to third parties for a period of six tondos after completion of the w-ore:. as agreed upon and with the written permission of. Owner: however, Owner understands that such additional refiInceireports will not be issued until those parties sign and return the reliance agreerrient and Architect recci�es tile agreed -upon reliance fee, I - 0 (Paragraphs deleted) ARTICLE 7 DISPUTE RESOLUTION § 7.1 MEDIATION § 7.11 "All claims. disputes, or matters in controversy between Owner and Architect shall be discussed by the parties in good faith, in an attempt to resolve the claim. dispute. or controversy. In the event Such Claim. dispute, or controversy cannot be resolved hy good faith discussion between the parties. then any claini, dispute or other matter in question ansing out of or related to this Agreement may be subject to mediation as a condition precedent to the institution of legal or equitable proccedings by either party if aer"d to by both parties. §7.1.2 The Owner and Architect shall endeavor to resolve claims. disputes and other matter,, in question between them by mediation. Request for mediation shall be filed in writing with the other parly to this Agreement and shall then be submitted to a mediator mutually acceptable to the parties. In the event that the parties are unable to agree on a mediator. then the mediation shall be conducted by the Center for Public Policy Dispute Resolution at the University of Texas School of Law. Requests Cox" mediation shall be Made within thirty days after the comple6cm of the Owner's grievance policy. In no event shall the request for mediation he made after the date when institution of legal or equitable proceedings based on such claim. dispute. or other matter in controversy would be barred by applicable statutes of limitation.. § 7.1.3 The parties shall share the rn—ediator*s fee and any filing fees equally, The mediation shall be held in the county where the Ow-ncr*s main administrative off -ice 6, located. ulll'ess another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as a judgment in any court having .jurisdiction thereof. Xlediation shall be subject to and in accordance with Chapter 154 of the Texas Civil Practice & Remedies Code. Aureemenis reached in mediation shall be reduced to A-HtinL,. considered for approval by tile Owner's City Council and the Architect. signed by the parties if approved by the City Council, and. if sitned.shill thereafter be enforceable as provided by the, laws, of the State of Texas." AIA DOCUMentSISITm— 1997. Copyright *19774� 1978, 1987 and 1997 hby The Arnericaninstitute of ArcNlerts- All rights reserved, VVANI RNG, This AW DoCurnvU t orolecled by US, CepyTiqht tam and Interntaional TreaIies. Uavet onz--d teproduclion or drstrlburon WIN& AIA� On- �r any porfion of !,,- may :oTkjft in sen."In, cavil and criningi pemirie.,, and ,Oil P,C,,Lcuied !a llu. --,.'wimum exlent pos.,ibk- under the law This da,.,jrnen*t was prvduceciTay AIA software at 15:02,leon 10;22.2008 under Order No. ',000343774, I whi--bexpires on 2,1728O9. and is no0orresaie User Notes: 2558) 7A -4, The parties agree that any claim. dispute. or other natter in cotitroecrsy between them shall not he subject to mandatory arbitration. The panics may. however, mutually agree it) writing 10 submit such claims. disputes, or matters in comroversy to arbitration. Neither party may compel the other to arbiti-aie any claim, dispute, or rnaiter in controversy between then), § 7.2 ARBITRATION 14N TENT [ON ALLY LEFF BLANK (Paragraphs deleeil) § 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and Owner waive consequential darnages for claims. disputes or other matters in question ansing out of or relating to this Agreement. This mutual waiver is applicable, without luniiation, to all consequential darnages, due to either parry's termination in accordance with Arlicie 8, ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 If the O%ner fails to make timely payments to the Architect "for undisputed sums" in accordance with this Agreement. such failure shall be considered substantial nonperformance and cause for termination if not cared after ten (10) days' written notice to Owner of the delinquency . Ifthe Architect elects to suspendservices. prior to suspension of services, the Architect shall give seven days* written notice to the Okvncr. In the event of asuspension of sen Leer, the Architect shall have no liability to the 0%vner for delay or damage caused the Owner because of such ,suspension of services. Before resuming services, the Architect shall be paid tell sums due prior iosuspension and anV expenses incurred in the interruption and resumption of the Architect's services.. The Architect's fees for the remainin- smiccs and the time schedules shall be equitably adjusted, Architect ,,hall be allowed to suspend Architect.,,,, performance of sen ices under this A( ' 'TeCTrient fear nonpayment by Owner only after the provision of ten (10) days' written notice, in accordance with Texas Government Code section 22,51 .051 c'i,5eq. § 8.2 If the Project is suspended by the Owner for more than 30 consecutive days through no fault of the Architect. the Architect shall be compensated for services performed prior to notice of such suspension, The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 8.3 If the Project is suspended or the Architect's services are susperided for more than 90 consecutive days. the Architect may terminate this Agreement by 4,ivini! not less than seven day,,,' written notice, § 8A This Agreement may be terminated by either party upon not less, than seven days' written ruralise and opportunity, to cure should the other pany fail substantially to perform in accordance with tile terms of this, Agreement through no fault of the party initiating the termination. § 8.5 This Agreement may be terminated by the Owner upon not less illanseven days'written notice to the Architect for the Owner I s convenience and without cause. § 8,6 In the event of termination not the fault of the Architect. the Architect shall be compensated for services performed prior it) termination. logether with Reimbursable Expenses then clue and all Termination Expenses as defined in Section 8.7. § 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not oihcrv%isc coulpen,,jaled, § 8.8 The parties hereby agre e that: 1) if an order for relief is entered on behalf of the Architect, pursuant to Chapter I I of the U.S. Bankruptcy Code: 2) if any other similar order is entered under any debtor relief Lows: 33 1 if Architect makes an assignment for the benefit of one or more of its creditors; 4) if receiver is appointer ) d for 0 the c benefit of its creditors: 5) if 3 receiver is appointed on account of its insolvency, any such event could impair or fmtrite Architect',,,, performance. Accordingly. it is agreed that upon occurrence ofany such event. Ovvner shall be entitled AIA Document 815IT14- 1997. Copyright 1574, 1978, 1,987 and ISS-7 IyTne American kn0tiloo! Architects. Ali rights reserved. WAPINIING: This At OMW n)-ni iS Protected by U,S� Copytight Lzw and Unavthnrized. reproduction W'distrbution oi his AW Document, orany poffion of 71, May re��wll in severa) civgand crinina5 penaWes, and to 011Z moxilnum cxlt-nt ponsibfe uodt( 'he ice', "ibis 19 whi&exvr,-san 2,17-2,M9, and user Notes-, it,) request of Architect adequate assurance of future perforniance in accordance with the terms, and conditions, of this Agreement. Failure to comply with such request within ten ( 10) days of delivery of the request shall entitle Owner to terminate the Architeci',, services in accordance with this Section. ARTICLE MISCELLANEOUS PROVISIONS § 9.1 This Agri ementshall be governed by the law of the principal place of business of the Architect. unicss otherwise provided in Article i2, §9.2 Terms in this Agreement shall have the same ineaning, as those in the edition ofAIA Document A201, General Conditions of the Contract for -Construction. as amended for this Pi-cject, as modified by the parties thereto. Asa material consideration of the making of this Agreenient. the :Modifications to this Agreement shall not be construed a2ainst the maker of said Modification,-, § 9,3 NOT LYSFD § 9.4 Only to the extent thimages are covered by property insurance during, construction. the Owner arid Architect waive all rights against each other and against the contractors, consultants, agnts and employees of the other for damages. except such rights as they may have to the proceeds of'such insurance as set forth in the edition of AIA Document A201, General Conditions oi the Contract for Construction, as arivrided for this 11roject. The Owner or the Architect, as appropriate, shall require of the contractors. consultant,,. agents and employees of any, offfiern similar waivers in favor of the other parties enumerated herein, § 9.5 The Owner and Architect, respectively, bind themselves. their partners —successors. assigns and legal representatiNvs to the other party to this Agreement arid to the partners, successors, wsigns and legal representatives of such other party with respect to all covenams of" this Agreement. Neither the Owner nor the Architect shall a,, -,ion this Agreement without the writtien consent of the other. § 9.6 This Agreement represents the entire and integrated agreement between the Owner arid the Architect and supersedes all prior negotiations, representations or agreements. either written ter oral. This Agreement [nay be amended only by written instrument signed by both Ownerand Architem § 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor (it' a third party against either the Owner or Architect. § 9.8 Unless othemise provided in this Agreement. the Architect and Architect's consultant-s shall have no tr responsibility for the discovery. presence, handling removal or disposal of or exposure of'persons to hazardous materials or toxic substances i n any form at the Project site unless Architect's acts or omissions introduced or caused or allowed to be introduced to the Project site said hazardous materials as defined in AIA Document A201-1997, as amended for this Project. Architect shall Promptly disclose in writing to Owner any hazardous materials specified for the Project or discovered on site, regardless of the (laic ofdiscovctry or the elate on which Architect learns of the hazardous nature of the materials. § 9.9 The Architect shall have the rilht to include photographic ear artistic representation-, of the design of the Prqject among the Architect's promotional and professional materials, The Architect shall be given reasonable access to the completed Project to make such representations. However. the Architect's materials &II not include the Owner's confidential or proprietary information if the Ow�ner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner . s promotional materials for the Project. § 9.10 If the Owner requests the Architect to execute certificates. the proposed lanco-tiage of such certificates ,,hall be submitted to the Architect for review at least 14 days prior to the requested dates of execution, The Architect shall not be required it) execute certificates that would require knowledge, .cr%1ccs or responsibilities beyond the scope of this Aureement. § 9.11, It is distinctiv, agreed that by % irive of this Acreement. no architect, eriLincer, mechanic, contractor, AIA Document 8151TM-1997. Copyright ��-1974, 1978. *87 and 1$0 by The Ametican 1-Isfilule of ArO-Iecis. All rights reserved. INARMNG�TNs A Init. Doctmerll is proletled by Ti S. Copyright Law and 4niemalk�rtal Tarcs, Unarthzrized rep,oducllioh as disbribkt6on W1 vhs Ada Diouanpnt, or any 20 po-60n -0 it, rl,ry result In revere civil and viminal ponalfies, zndl M0 bt- P.Ose,-into 10 IN, maximuen ,Xteni possibie unld*3 lha tam, Tt- s dxwnen; was prodocea by AIA soUvate at 15:02:18 on 10222008 urlv Order Nz,,1�1,0343741 I which. exzires an 2,117 20-39, and i�, rot, ror 'resve, User Notes* 1392412926551 tnatcrialnian, anisaan. laborer or subcontractor. whether skilled or unskilled, shall ever, in anti• rnanner have, claim or acquire any lien upon the Project of whatever nature or bind so erected or to be erected by vinue of this Agreemem, 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," 19,12. This A +reemcm is subject to all applicable federal and state laws. roles, 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." " 9.13, To the extent of conflicts between the Contract Documents. ame.ndirients shall prevail over original forms," 19.14. By signing this Agreement, the undersigned certifies as follows: 'Under Section 231.0(W). Texas Family Code. the vendor or applicant certifies that the individual or business entity named in this contract, laid. or application is not ineligible to receive the specified grant. loran. or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 1 9.15 It is understood and aflreed thatthe relationship of Architect to (.owner shall be that of an independent contractor. Nothing contained in this Agreement or inferable from this Agreement shall be deemed or construed to: 1? make Architect the agent, servant or employee of the O ner; or 1', create any partnership, joint venture, or other association between Owner and Architect. Any direction or in."tructitrn by Owner or any of its authorised representatives in respect to the Architect's services shall relate to the results the Owner desires to obtain front the Architect.. and shall in no way affect the :Architect's independent contractor status.'. 9,1& No delay or omi�;sion 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 AWrcernent shall impair any such right or power or be construed it) he a -waiver thereof: A waiver by either of the parties hereto of any of the covenants. conditions or ;.agreement, hereof to be performed by the other party hereto shall not be construed to be a waiver of any subsequent breach thereof or of any other covenant. condition or azrcement herein contained." "z 9.17. COMPLAINTS. The 'Texas Board of Architectural Examiner has jurisdiction over complaints regarding the professional practices of persons registered as architect.." in "Texas under the Architects Registration Law. Texas Occupations Code Chapter 1051. The Texas Board of Architectural Examiners can be reached at P. 0. Box 1.2337, Austin, Texas 78711-2337 or 333 Guadalupe, Suite 2-350, .Austin. "Texas 78701-39=11 by phone at (512} 3,05- 000, by fax at 012i 305-8900. or on the web at http:iltbac.staie.tx. im ` ARTICLE 1d PAYMENTS TO THE ARCHITECT § 10,1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect*,, personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefit, related thereto, such as employment taxes and other statutory employee benefits. insurance. sick leave, holidays, vacations, and employee retirement plans. § 10.2 REIMBURSABLE EXPENSES § 10.2.1 Reimbursable Expenses are in .addition to compensation for Basic. and Additional Sen ices and include reasonable and necessary expenses actually incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: A transportation in connection with the project, authorised out-of-town travel and subsis€once, and electronic communications; .2 fees paid for securing approval of authorities having jttrisdic:tion over the Project: Init. AIA Document B151r*-1997. Copyrighl Q 1974, 19781953 and 9S 1 Tn Armmnn lrstl9: _e o, ArcMecm All rights reserved. dArRNi i rhis AAA" inn a merit is prate,Cted by U's, Copyragh1 Law and or d.stdbuW n of :his AiA* Documaia ,sir any ri,drt tDf it.. . ey r�'35Y3tt tit �?a4'e lv l and Cninif-m! i7- xn-t-�a. imd .ill `tb,, pros--a;'a led'a Ole maxiinaarr extern posy, le and e :he law§ T his fJ�aCi:7'R8711 21 was Produced by AlA soliware ai 13M�18 On 1012 251'9 vnder ^,d. er N0,100034 3741 ,,.1 ve ich expires or 2;172009. ana is 1W, £o,- ,esaie, User Notes: i39282923i .3 reproductions, plots, standard farm documents. postage, handling and delivery of instruments of set -vice: .4 expense. ofovertime -,work requirin- hk:hcr than regular rates if authorized in advance by the Owner-, .5 renderings. mcKlels and mock-ups requested by the Owner: .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect acid the Architect's consultants: .7 reimbursable expenses as designated in .Article 12: A other similar direct Project -related expenditures. § 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES § 10.3.1 An initial payment as set forth in Section 11.1 is the ntinimuni payment under this .Agreement. § 103.2 Subsequent payments for Basic Services shall be made monthly and. where applicable, shall be in proportion to services performed within each phase of service.. on the basis set forth ill Section 11.1'1 § %33 If and to the extent that the tittle initially established in Section 1 l.5.1 of this Agreement is exceeded or extended through no fault of the Architect. compensation for any services rendered during tfac additional period of time shall be computed in the manner set forth in Section 1 1. -i § 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed. compensation for those portions of the >roject shall be payable to the extent services are perforated € it those portions, in accordance with the schedule set forth in Section 11,2.2. teased on (1) the lowest bona fide bid or negotiated proposal. or (2) if no such bid or proposal is received.. the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions, of the Project. § 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services . if any. and for Reimbursable E-qpcnses shall be made monthly Upon presentation of the. Architec s statement of services rendered or expenses incttrr€'dl. § 10.5 PAYMENTS WITHHELD No deductions shall be. made from the Architect's compensation on account of penalty. liquidated dama- s or dither sums ,withheld from payments to contractors. or on account of the cost of chancYes in the NVork other than those for which the Architect is otherwise responsible . § 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services perfortme.d ott this basis of hourly rates ora, multiple of Direct. Personnel Expense shall be available to die. 0-wner or the Owner's authorir..ed representative at mutually convenient t:iines. 10.7. 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 negligent error or omission of tite Architect or Architect's consultants. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follow,,: § 11.1 An Initial payment of Zero Dollars And Zero Cents (S 0.00 )shall be made tip€fn execution of this Ag=reement and credited to the Owner's account at final payment. § 11.2 BASIC COMPENSATION § 11.2.1 For Basic Services. as described in Article. 2. and any rather services included in Article l2 as part of Basic Services, Basic Compensation shall be computed as follow,"": (hiser7 beis s qf rf. mpt nsation. it?CllitldfF a >SidjirdlYrl Cl ,Sdtl7L , multiples €?rper'f.'enta es, and ulenlify phases io which particatlar inethods gfcran?prrdstzrion app v. (f ntcessarr3>.) Init. AtA Document B 159 ��" —1997. Gopyrtght v ., :975 1987 art 90, by i h Aa aer ar Instituteof Arch3tccts. All rights reservers VVARNRNG ibis AIA' ao rantnl is poteclfld by U,a. Cop rit.7ht'La a rind T.reak? ;, reprodkk czlion o �t �,€i`�iSt'atrt^ of thiS AW Documeni, -r any 22 port=on of it rm+y me,uit to sever;: Civil ,,no crinnW penal!,4ez, and Mtt bl< pre >,.,"—uIa r> ?r: flhe m-eximu r ziertpw sib r, under v`a: law, This Oxu:Ment was, produ,,ed by AFA softwaa e at 15:02188 on 10 2e'2o'08 under {3 .,er tja.`_M3w3741 _1 wh vi; expi.es or ? t r=29G9, ar.d is nv tar resale. User Notes: W2829265E> PRE -DESIGN SERVICES: Stipulated Sung of Twenty four thousand dollars S'-I.000.{}C) TOTAL, PRE -DESIGN SERVICES: $2=I.000.00 A & E DESIGN SE12VICES: r:< of the Final Construction Cost Curently, the anticipated fee is Seen hundred twenty thousand dollars S720.('X)I.00 based on the anticipated construction budget of S9.1)(0,0X00.00, and the fie for the .A&E Desion Sery ces is not to exceed S720,000.00 pending no increase to the scope of the Project and Construction Budge, unless the Architect and Owner agree in writing. TOTAL A & E DESIGN SERVICES: $720.000.00 ;seeds As essrnen(Site and Facilit Programming Schematic Desion Design Dc ekoprnew Construct on Documents Bidding andNegotiations Construction Administration A & E ADDITIONAL, SERVICES: Stipulated suns of One hundred fifteen thousand five hundred Dollars $1 I .500,00 Ci%il Encincering and C t)rsiii etia>ia :aslminisir3tion Stipulated sum of Twelve thousand live hundred Dollars 5114. ioo.00 Stipulated sum of''pwenty four thousand three hundred Dollars S24.300,00 TOTAL A & E ADDITIONAL, SERVICES: $152„300.00 Landscape Architect With Ctmsiruction Administration Furniture Selection, speciiicaiion and pocureinent CONTINGENCY EXPENSES Contingencv Expenses as necessaiv. Reimbursable Stipulated sure of Seventh two thousand Dollars a72.0N).00 Expenses. Color Perspectives. Final Design Channcs. etc. TOTAL., CONTINGENCY FXYF SES $720)0.00 § 11.2.2 Where compensation is based on a stipulated suns or percentage of Construction Cost. progress payments for Basic Services in each phase shall total the following percentailes of the total Basic Compensation payable: ;Insert faddirii nial phases its rappropriraie, ) Pre-Desi Ser-uicec Monthly proportional to -,vork eompieted A&E Desihn Services Schematic Design Phase: Sixteen percent t` 16 Design Development Phase: Twcnty-two percent 22 rfi� Construction Documents Phase: `I hiriv six percent t 36 /Vi Bidding or Ne"otiation Phase: Four percent ( .l Construction Phase: `I wcnty twee percent t 22 %) Total Basic Cr)mpensation one hundred percent( 1()0 Init. AtA Document B151 rti 1997. Copyright Z 4, 9 19a'S, 1957 and 1297 by The Amerinan Inslilule a Arµhile i, Ail rights reserved WAR INN: This AIA` Uo n"nt is prolected by U's, CornyrighZ Laws Tnd lntyrnali,,nal i ri lies or d € b'Wion ur T ; AIA" 0tt,-tmnenl.. rat any �� t?.f cri ei €t, ri5ep r�se,i# an seveme ii vii and u .� unaal [5_n.�..it^<, and :i, tsc ,i,.s,..FUte.d to the .rna' arM .in extern Poss.H le under law, T t!is doev�ie,! Alas produced t y AIA schwa!= at 15 02:18 nn 10'22'2008 _inder Order No,,000343741 , whi h exoi,e_-s or, 2: 7 2009. and is not ;c r sale. User Notes: l9828292558) Contingenq Expenses Mcnnhly as expensed § 11.3 COMPENSATION FOR ADDITIONAL SERVICES § 11.3.1 I -or Project Representation Beyond Basic Sergi ices. as described in Section 3.1— compensmionshall he computed as follcnv.s- (a) Principals' (Project Manager) time at the fixed rate of One Hundred Fifty Dollars ($150.00) per hour. (b) Supervisory (Project Arch itect..,"Sen io r Engineer') time at the fixed rate of One Hundred Thirty Dollars ($130.00) per hour. (c) Technical Level I (Quality Control) time at the fixed rate of Ninety Five Dollars (S95.00) per hour. (d) Technical Level If (CARD Production) time at the fixed rate of eighty five Dollars ($35.00) per hour. (e) Technical Level III and clerical and administrative time at the fixed rate of forty Dollars ($40.00) per hour, § 11.3.2 For Additional Services of the Architect. as described in Article-, 3 and 12, other than ( 1) Additional Project Representation, as described in Section 3.2, and (2) semices included in Article 12 as part of Basic Services. but excluding services of consultants. compensation shalt be computed as follo-ws: (Insert bails of co inchiding rvies and nuiltiples of Direct Personnel Expease for Principals and methods cif compensation apply. if necessatyJ (a) Principals' (Project Manager) time at the fixed rate of One Hundred Fifty Dollars ($150.00) per hour, (b) Supervisory (Project Architect/Senior Engineer) time at the fixed rate of One Hundred Thirty Dollars ($130.00) per hour, (c) Technical Level I (Quality Control) time at the fixed rate of Ninety Five Dollars ($95.00) per hou r. (d) Technical Level 11 (CADD Production) time at the fixed rate of eighty five Dollars ($85.00) per hour. (e) Technical Level III and clerical and administrative time at the fixed rate of forty Dollars ($40.00) per hour, Wt. AJA Document 8151'm — 7997. Copyright � 1974.1978, '987 and by Tfis Amenarciisulule of ArcnilaCIS. All rights reserved. WAPIONG� This AW r naismorized ir, io du: ,,Van w dliAribuEon of th:s A'W D1 nr ly pwiiwit,M�� 'i td , y ,e,,Uft in ¢Jvn and cnininal pimmlk�- and wail b�� t� nnw� lb5mi-= exT;-;-.t poss�b�.e under In-, law, Teat 24 was produce`b by AIAWlw8,,A as 15:02,18 on 10 22 1 which expires or, 2117,WDS, and is ?"w. forresa�,e, User Notes: § 11.3.3 For Additional Services of Consultants. including additional structural. mechanical and electrical z enoincering services and those provided under Section 3 -1 19 or identified in Article 12 as part of Additional Services. a multiple of ( 1.10 ) tires the amounts billed' to the Architect for such �,rvi,,es. (Idvntif speci fc types of consultantv in Ai7irle 12, if requiresl.) 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses. as described in Section 10.2. and any other items included in Article 12 as., Reimbursable Expenses, a multiple of ( 1,10 ) finics the expenses incurred by the Architect. the Architect's employces, and consultants directly related to the Project. § 11.5 ADDITIONAL PROVISIONS § 11.5.1 If the Basic Services covered by this Agreement have not been completed within Thirty Six f 316 ) months of the date hereof. 1hrou-h no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as pawided in Sections 10.3.3 and 113.2. §11.5.2 "Undisputed amount.<-, unpaid forty-f ive (45) days after the Owner's receipt of the invoice shall bear interest at the rate (Pt4 rag raphs deleted specified by Texas Government Code section 2251.025 or its successor. f Ustin. laws and requirements under the Federal Truth in Lending Act, similar state and lored ronsurner credit 1,aws and Other regulations w the Owner's and Arc hitecr's principal places of business, the locaiit,)n 4>f ihe Project and elsewhere ma), affect the raliditY of this prori.rion, Specilk toaltuiviceshould be obtained with refpcci to deletions or modijicatinns, rand also regarding requiremenissitch as written disclosures or waivers.) § 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normat salary review practice.- of the Architect; provided, however, that those rates and multiples may not be adjusted upward in an amount that exceeds the norm for the industry or the U.S. Consumer Price Index (for all goods anti services) for the Dallas -Ft, Worth NletropleN. Records of Reimbursable Expense,,,, expenses pertaining to a Change in Services. and of services performed on the basis of hourly rates or Direct Personnel Expense shall be available to the Owner or Owner's authorized representative upon presentation of Architect',, progress payment applications or at other mutually convenient times is may be agreed between the Parties. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of tauter services, idenrify AdditionalSerrices inc hided within Basic C'owl)ensafion and mo&f1cations to file Pia; ment and compensation items inchided in this Agreemcnij § 12.1 The Architect will also be responsible (or Interior Design Services as outlined in this agreement. § 12.2 Verrue for any dispute relating to this Agreement shall lie in Tarrant County. Texas, § 12.1 Notwithstanding other provisions to the contrary. as used herein, references to the AIA Document A20111-1-1997. General Conditions of the Contract, shall refer to that edition of the document "as amended for this Project." Architect agrees that the AIA Document A201 IM- 199 may be subject to subsequentamendments based upon negotiations bet %aeen Owner. Architect and Construction.Marlager at Risk.and agreed to by the Architect in writing. As a condition of further smice. Architect shall provide to Owner a signed statement stating Architect'saereenient to adhere to any such negotiated amendments." I F-.):FCLTED this El(,-,]-ITEFNTI-I day of—NOVEMBER— 2008— AIA Document 8151'°-1997. Copyright!) 1974,1978,1987, a*%! 1,997 by Tr A-merican institite of Aichize—cls. All rights reserved. WAR NING� Thiq AW Init. Mernation,al Trewfie�,,, U�,*utho6v�,d tewoducttan o� d�slrbvlion, of this AW Dc�cum��,m ar aii DIIOILIWV�d by U,5, C41PVright Law and 1 Y 25 rkion of -t. May f,61'svll in se�om, dvil and c6mi3"af and v,`4 bx' 1.oth- maximum, extent i4n6�r lbe law, T." oCunenl w2sarodured by AlA software at 15>2.18 on vhic. a xo;.--s on 2:117,2009, and is not ioT resale. e, User Notes: ,3928292-S-58) (Si,,en a ture Mr, Andy Warnbseanss. Mayor City of Southlake ?Primed Imme 41nd Title) ARCHITECT (Sil"'11.1111t-e) Roberi P. Garza, Principal RPGA Design Group, Inc. r h-iwed nume wid title:) AIA Document SISVrm- 1997. Copyright � 197-4. 1987 a,"- 19977 by The Amen nn In-sli%ile of Atchile-cm. Ali rights reserved, VV At, WNG' 7hi� AIA' Init. Do -cur ent a� prolecled tlay U,S. CoPynght Law and lntenna!iofl3l Trwies, Unauihcizad ep-tdVC5ionor eiMbvtion -� this AIA' or any 26 Trwflin ol it, rney res0i in s.ivll Ind crimini'l pr"nalk.'s! emrf wlli be. pfosr-cole'P 10 lhe Maxinrm' exlen't posMbi£ 4£a4-,? ?he TNsdoc=ent was p?O<Jjl�-4, I-iy AA software a, 1,5L2,18 or, 10-22,2008 unuer Orde14c.11MOS43741 1 whi�,h expires or 2 17, 20M, andis iv, f r resale, User Notes: Additions and Deletions Report for 7 AIAIT Document BI51�lf' - 1997 This Additions and Deletions Repon. as defined an page 1, of the associated document. reproduces below all text the author has added to the standard form AlA document in order 1,0 cornrieleil. as well as any text the author may have added to or ddeled from the original AfAtext, Added text is shown underlined, Defetedlext is indicaiedm6lh a horizontal line ftaugh the original AlAtV,, Note: This Additions and Deletions Reports provided for information purposes only and is not incorporated into or constitute any part of the assoc aled AIA doc-imeni, This Additions and Deletions Report and is associated docum-ens were generated simultaneously by AIA solhvare at 15:0218 on 1 gr'222008, PAGE I AGREEMENT made as ofthe L--i2htcenth day of Novell,her in the year Twi.) Thousand and E;-;-, WHEREAS, the City of Southlake. TcKa,, a home-nde rnyniginnlitv "i—Suant to Article X1. Section i of the Texas Constitulmn and Texa, I �-mal Goyemment Code Title 2 (11crinafter referred to as "Qv: Design Group. Inc_ a Texas Professional CoMorati(I jejr referred as "Archilec!"). desire to enter In(() 3 n I flerinL to contract under which Architect trill p,�rforjj,.�cj-\,icc- rej- to ic desien. ,and construction , Of the belm referenced ,, Proicet can behalf of the_owncr and WHEREAS. Owner and Architect have agreed to enter into AI.A.Docurnent B 151 1997. Standard From of Aarcement Between O\vner and Architect -s..the basic form for that contract and Architect Ila, amended that form to provide for certain additions and deletions: and � - WHEREAS, certain additional terms and conditions ofthat Standard.Form of Agreement need to be modi tied to comply -with, avreement,, affecting Q%vner rind..Architect in the do ion and construction of this Project... O%v n er and Architect hereby mores to the follminix additional "Imendments to the Standard Form of Agreement, asamended: Citv of Southlike Department of Public Safest 1400 Iklainitreei. Suite "60 Southlake. Texas 76092 I,Vame. address and ether infoi-murion) RPGA Design -Group. Inc. LO I --SJennings Avenue Suite I Fort Worth Texas 76104 Telephone Number: S17-332-()47,7 ext 2()S Fax Number: 8 17-332-9487 CiEV, of Sputhlakei D.-nmrtm,,int ofPublicSafely North Facility City a—fSowhhikc. Tc;\,t\ PVF1 tOr AIA UOCUMeni 5351-1--1997, Copyright Z) 1974 197,', IiW Wd 1' 997 by Toe Amsncaf,viiole ol Arc—ile--ts, All This AiA' Durumi'm it, qY U.S. Copyrigh: Ow and 1.s jislHbuiiWY Of flMs AtA' Oo,.umonj, or prjy porj3oij or x Inizy rL'Sufl �n vmle 6vit znd cruninal €exrsttrrs, Ind v,ffl be, to the, Plsiiiibic- under 14c, law, T,'.;s docjme^j was b� A!A sotti-are al 15:0218 cam, Eta W12018 Under Order N0,10003,13741 I vmNch expreS 0% 2;17. 20,09. and is not !or resaie User Notes; 12921292658; Approxii-natel.y.12 acres L11-1he _northeast comer 0f Fast Dove Road 4tid-Not-fli \V'hite Chaoel Road New Public Safety Facility for the DePannien, of Public Safgly,,. ".N't)rth QPS Facility". The Facility will house Fire. services. training cla�sroonis, and training course- firing range in.Sonthlake Texl,- it i,, currently anticipated I The total.proicci costs are.cun-ently proiWed to 12.000.()Q().(tQ incjudin« site work. FF&E-Larchitectural fces, Constniction Managerat Risk Fees and soft casts. PRE -DESIGN SERVICES - Needs Assessnieni.Siteand Facility Prograrrunim, PRE -DESIGN SERVICES BY OWNER 11"NIF.CESSARY Tonograottic.. Tree and Boundary Survev!Rc-Sun-o, and Re -Plat Geotechnical Report Phase I environmental Phase 11 environmental (If Re-ouired) A & E DESIGN SERVICFS: Structural, Eneinecrine Architectural Mechanical.Eleclrical and Plumbing Engineering Interior Q�Lr Schematic Design Design Development Construction.kxurnents Bidding and Negotiations Construction administration A & E ADDITIONAL SERVICES - Civil Engineering Landscave.and Irriization.Architect furniture Selection. Snerific ti<rn ant Procurement The Owner and Architect agree as follows, PAGE 3 § 1.1 The services perfornied by the Architect, Architect's, employees and ,architect's consultants shall 14,e a all be a,, enumerated in this Agreement. "Ambilm ceqifies that , rc.biarchitect ..err, cn2inter lice .n.S..c..d....(0Dr, CtiCC in the State of Texas. Pursuant to the Texas Occupations Codeany civil structuralmechanicalor electrical pious. snecaficatiuils. or opinions of probable cost for construction must be prepare- by a registered or 4 JsLgE -,hich _.Lqg architect.,�k Mc�vLer'Sap and who is I -p-ETLI- "te . . . . ..... L�jjsqd [ice in -_L - --L-nEag — the State of Texas. Architect aerces, to notifv Ownersbould architect's registration stains thane, Architect certifies that Architect and Architect's ernplovees and aLcnt-,.arc . eligible 10 work Linder federalstate and local irrimii.,ration Jaws and reslulaTion.s. The Architect shall not be relieved of any obligation to perform in accordance with the standard of carte p ..ap licable to rri licensed architects in the State of under or similar circumstances. ujjje,.��,, speclfical1v identified othcrwisc in this Aereement. § 1.2 The Architect's services shall be performed as expeditiously as is consistent Nvith professional skill and care and the orderly progress of the project. The Architect -hall submit for the Owner's approval a sciledule f,()r the performance of the architect's services which may be adjusted as the Prqlcct proceeds. This schedule shall include Additions and Deletions Report for AAA Document 8151'--1997. Copyright � � i974, , �8, IW'and 199-by'rhe Amenca;i lnsiiitie o�, kcInnects. All right$ reserved, WARNING� This AIA' Docurnenl is pr4��Ielled by US. 0'�'pyriohi Lzv,,�n'd Inlerr'MtiorW ' tion of llw� AW Docurno"11, or any por��Cn at �1, T.,IY ;e�wq in svvre Oyff and cnirninit pF.njjtius. and "vA tN" Mmximu-r, distribo' - I Treaties, Unpuviofized o� ,t,%Wnl pDssible und,,n thL This document waso!oduced ny AIA software v 15:02:18 or, 1101122 2008 under Order 1`40.10003,*741 1 W*.11 exo4res 31 21-7,2=} , and is not'or resale:. User Notes; allowances for periods of time required for the Owner's and Contruclit)n Manager at Ri,,k*,, revicw and, for approval of'submissions by authorities havin-jurisdiction of er tile Project. Time limits, established by ,his, sch"lule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect <)r OA ner, " 1 5 INSURANCE § 15.prc�cure<C insurqncc certificates, policies and endorsentemsit) at least the f<)jj()wing amoLintS. toolect Architect and Owner from claims arising ow car the performinceof the Architects services tinder ihi.,; Agreement and caused by anv em)rornissionneelilent act or onais itari car desjan defect by Architect such insurance to be in a form approved by the 0-wrter, with an effective date prior to the beginni.rtg...date of dgjiqn, Such insurance shall be written (an an ()cclirrenco basis. if available. and (in a clairns-inade hasis. if occurrence basis instLr4ace is not available. Architect shall maintain its, insurance in full force and effect and unintemipted during the term of thk, Agreement and afier the coiMletion ref services tinder this Agreement until the Completion of anIv aRL)Iicable statute of jimilations, such period to be not less than one �!CIT from Final *,pmoIetir)q_(,-tf q.11 cOnstruction of this Project as to w-orkers compe3iiationto-() years fro the Final Completion of all construction of thi-,; Ivry it it wnivrehensive general liability, and c<)mprehensivo automobile liability. and not less than ten vear-s from the Final Com2letion of' all construction of this Project. as lo errors a ance cerfiflicates. policies and endorsements Upon recjue,,t at any time during the applicable. statute of hini .. tation-, Architect shall name Owner as an addition al insured tinder his policies for compreheneive. Leneral liability and comprehensive automobile liability. Insurance ,,hall be obtained from coinvanies authorized if.) d, b , , jrl!zs Is' -W,.. —.1— —1 in the State of Texas by the Texas Qepxrment of lnsurance.,.Thc Policies shall include a waiver of requirements can only be aj)rtroved by i7u ncr's City Council cloy nor^rani'ornait may be rounds for termination or modification of the contract Teatheextent that Architect is unable.. to procure the insurance rn -1 e the insurance is Lii�sig m�_dbgIcin-begus . not reasonabiv available or is covtzpLohibilive, then -architect shall Provide written notice to Council- Said lack of inwrance rnav thenQtA�n�t Ciro' Worker's ..Coitimnsation--StatLaory LiniiL,5, Finpio,ver', Liability S500,000.00 Comprchensive.General Liability Bodily iniury S I each occurrence SIA0.000 atzereeate Property damage .3 Automobile Liability: S 100.000 per 'berso SL(lW000 O'er occurrence Property darnage S LOWS)OO der occurrence .4 ETT0rS and Omission,, I .5 Arehitectural and.engincerim-, consultants shall carry errors and omissions insurance in an aillount 110, less thm r Additions and Deletions Report for AIA Document SISVw— 1997. Copyright � 19741978- 1987 andd 1997 by The American �nIlWe of Arcni!e�ls. All rights reserved. WARNING; T'nzs AW D0C=fMt is P90MVnd by U,S- Copynght L4v; and Infern'-aVonat UnItIl"mrized replodw60-, of jist6oulion of, this AW Docu,,,nent, --r any '"'Ition of in Civil Ind crimm-M Pz:naMes. and will 6t, prc,,,Cuwd to lhi�! M=tnurn exlemt pissi� We undethe taw,Thus owumenj was r,,ro,,,j:j,-,edbyAlA softwAteal 2 1712009, and isnol for esajf_ User Notes: M282-926581 va�L,rAl amount's and filing of any covmig�4gg!��i Labor -Code section 401.011(4:L_�s—m-ki inc, vervicc.s on ibe-Proiect for the �Uralisln of the roiect- 1,5-2,6 If the coverage ArchitecCs curreni certificate of cm -crave cn A certificate gL—coverage, prior to thilt Pers011 begilni,ne_work on (tic. Project, sc) the O,wner will have on file ecrlificales' ()f coverage sbowi L c)v r .2 -No later than sevoi days after receipt bv the Architect. it ne% certificate of covera--c -L.I.5,21.1he Architect shall notify the in .vrifing bN certified rnpil or pen-Lc)jlaj Ivi hin I I d _.,,after the Architect becomes, wA,,,Irc of any change that mateiially a 7fects ihe provision fif rnv-rna,- , f Architect ,,hall comracivall-v re uire each C��ijsuham Aitfi whom it -tintrnrt, i,, and filing of anv coverage agreemcnis, which mccls the -tatutory requirements of Texas the dUration of L.hg� Project.- cc, )n tile Project for 2 — Provide to the Archiw!.�,r�()r to that Pers(m beginning work oil the Proiect. a cenificate providine services on the Proiect for the duration Ol'the.Proiect.. 1---Provide the Architect. prJor-to the end of the coverage p!griod. a new !��rjjftcj�4:Lof covioraLx sbowing extewsion of'soverage. if the coverage j.2erjod ,'hown on the current -�.tirinlilicdur�ition<)I'ihePl-()icci, .. . ......... . — . . .... . ... .4 -o - -,%-horn it contracts. and provide to -Qh(Am It m each..other nerson with , the Architect: A cenificate of coverape prior to the other person beginning, work on tile .2 Flevv —Cerfificale of i�over',we showing extension of coverage -- ............ -pritir to the end of tile Coverage period. if.,the coverage period shown on the CUITC111, Certificate of coverage end-, durine, the duration of the Proiect: .5 Retain 211C —%ear tlie—relifler. ,6 Notifv the Owner-in,,writing by certified mail or if delivery, within ten dav- after ..Mcrson, theperson becomes aware of any change that materially affects L� �rcyo�ion �() fquinv Cowullants..qf the Architect providim, ,'ervices on the Proiect: and .7 Conir J-7..-wiih the certificates of coverage to be provided to the Person for whom thev are Providine services. § 1.5 � C(Weravle, The Architect is representing to tile of the Architect who vvill provide senjees on - Owner that all employees the Project will be covered by worker�,' compensation coverage for the duration. of the Proica that the coverds-le will he based on proNr reporti.ng....of classification codes and payroll amounts. and that all coverage agreements will be filed...with the approl2riate in,.wrance carrier or. in the caw of'a Le —if -insured. -ith the Cornmis-jon*s Division of Self-insurance Regulation, Providine false or misleading information may subject the Archi es. Lir other civil actions. s, 1 �5.2.' itract by the, Architect ill t entities the Owner to declare the contmcl void if the Architect does not remedv (he breach witbin ten da"..after receipt of notice of breach from the Owner. § (.5,114 The covgrag!� i4juirernent recited. above docs.. not applv to �olc proprietors. Partners, jLn�!�tgpgrate officers who arC.eXClUded frorn coverage in an iwwmnce. poliew or enriificaje of aul.horiiv to, self -insure that is delivered. is',' 1`0 ued � r �kti.vlcn%_ or ftq� i pry 1. 1996, 29 Texas - - - - - ---- - ----- Administrative Code section 110, 1 10(i)." -:§j—.6--1-N-'Q—EIMNrFY. ADproval of any Coqst -hL -instituteand shall _rkicLion I)ocumc ls.�x ner, ill not ci not be deemed to�he,ra,release of,the respow,,ibili.ty.and liability of Architect. its ajzents. ernployees and subcontractors. for, Construct i on..Doc urnents which are �,ufficiant forOwner to complete the COI)SEruction (if theft, ject and aLe free from oniiss ' ions. nor shall such,.#2p�roval he deemed to be an a-sumption ofsuch resmmsibility and h4bility by Qwner for any defect in the Construction Documents, prepared bv Architect. its agenis. em2lovecs, subcommctor-. or -consultants. it being the intent of the Partie that the al2proval by Owner signifile- Owq� �sqj) yv�� Lin Co t of the E(— of only khe L improvements to he constructed. In this connection, ARCH JTEC-r " ` 1 1 ""NG THE COINSTRUC-11ON OF SAID PROJECT AND FOR A PERIOD OF TEIN YEARS AFFER SUBSTANTIAL - CLAIM IS PRESENTED IN ACCORDANCE.,WITH TEXAS UVIL PRACTICE AND RE-NJEDIES CODE SECTION 16MS(c) OFTHETEXAS CIVIL RENIEDIES CODE,). INDEMNIFY AND HOLD HARMLESS QWNLR�AIVQ ()J-, ITS OfTIC.ERS- T.RUSTE.F-S-AG.ENTS. Additions and Deletions Report for AIA Document 8151� — 1997. Copytight*'1974, '978.198' 7 a*10 by Th, American instime of Arcnile=. All rights reserved. WASUM45: Tnis AIA� i�,� p�o?ezj�,'d by U,& Copyright Lawand!raarnAftonal Treaties, unuv';h'INzed reprotim-fion or dmlflbm3ori 0� ifus MA Docum�--- Of any Ponion of it� may resul in S�"vele t�iO za'id Cdr-*',M PerWties,and wili be to In;-- maxim�wn 0, en,)vas;�, cf=eo by AIA software at 15:02�1 a on undet --�der No, 1000343-1741 1 wbich Lxnres w. , Jomt rwisltle� kondp., the 4iw, This 2 17!2008, ar,-; is riot Ic,, reswe, Usw Notes- f2928292659) REPRESENTATIVES. SERVANTS AND I liPI OYEES FROM ANY I OSS DAMAGE I„ IAMI_ITY. OR EXPENSE. 1NCLUDING A'rl ORNEY'S FEES. ON ACCOUNT OF DAMAGE OR DESTRUCTION TO PROPERTY A D INMURIES INCLUDING DEATH TO .ANY OR ,Al I., PERSONSANCLU DING tiNVITEES AND EIM PLO OF THE OWNER. C QNSTRt'C'TIQ' dA LER. ARCHITECT. OR SG BCC-\ rR CI C ..,,"1�I OF ALL OTHER PERSONS PERFORXIING ANY PART CiI TFII '�'�'C)RI�. TU THE I YTE tiT C AL'SED Iti L�`HGI F C)R IN PART ANY ADJUDICATED ACT OF NEGLIGENCE ON THE PART OF ARCHITECT OR ANY BREACH OF ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT: and exce-pt. however. that this indeatanificationarra> isit7n shall not tie construed as requirita Architect to inderaanif~ tar htalti {psi ncr harmless for ativ loss, damage. liabihiv, orex . tree on account of damaged pro xrtv or, inignes.including !death to tiny person. which may arise out of or may he caused by antieaeh ofatr;f> obligatican under this Agreement by-91s�ncr car i�wnt is eir�plosees or aeent ,"' " 1.7. Architect shall keep all accounting and construction records on the Project fora period plat least, twelve c=ears after Final Completion of the Pro"ect. and thereafter ,hall offer the records to the {7�� per in writing. in order for O"ner to cr>mply w�iih its records retention rcrluirernctrts per the "I`exas C;r� �emntcnt Code section 441.158 cr .seg. and the Texas Iibrar~, and Archi4es Commission's focal Schedule: GR tCxoeernment Record,). In the alternative Architect niav,,provide Stich records to Owner for retention ataiay tinge if Owner agrees in writing t< acctpt such records in Tien of'�rchitcct's retention under than; Section " L& The Architect shall be entitled to rely on the accuracy and completeness rat serYiccs and informatic,n ftirnished by the. Owner. The Architect shall provide prompt written notice to the Owner it the Architect becomes ass.are oif any errors. omissions or incowsistencie, in Mach services or information, Architect shall also promptly respond in writing to notice,, from Caw°ncr provided in accordance with Section a Wand shall. if requested prompily meet with Owner to discuss singe " 1,.9. Architect shall reasonably cooperates witty rile Coms,nacii )n Managerat Risk, the Program Manager, if am% the Owner. and the O ne.r's represent atiyeS ineludin� Ie�al counsel in fulfillment of the Architect`s and the Construction lJanta<*z.r at Risk', a°czpr3n,ihilitics unrJer their re,gaectivs �a�reemznt, tOih Owner," PAGE 7 The Architect's Basic Services consist of those described in Sections 12 through 2.6 :anti any other services identified in Article 12 as part of Basic. Services. and include normal structural, mechanical and electrical engineering s i -.services sufficient to constnict the Project At intervals agreeable to the Choi per and Conctnaction >viananer at Risk or Ow cr's cost consultant. t:he Architect shall provide progress Drawinns Specifications and rather documents for the Owner's and Construction laiana2er at Risk or Owner's cost consultant's information and rea ie%v. The Architect shall review the Qwner's Proiect bud -Yet. tarelttnttaat+ estimates of Construction Cost or details estimates of Consirtiction Cosi IKWarc.d by tire: C gristruction kJ anagt r at Risk or 0,wner's cost consultant solely for 2 uidance in the Architects preparation of the Construction Documents. Accordingly, the. Architect cannot and does not warrant the accuracy of the estimates of the. Construction '+ anager at,Ris _err Owner's cost consultant. or warrant or represent that birds 0 negotiated prices will not vary from the Ctv, net', Pro*ect bud=Yet or from any estiniaic of` C onstniction Cost or evaluation prerge Id by the Construction llanager at Risk or Oa+ner's crag consultant. No fixed limit of Construction Cost Shall be e4tahliihed as a condit4m of this Agreement, In the event that the Construction Manac er at Risk's or Owner's cost consult anc estimate or the lowest bona ride bid or nes2otiated proposal received hK the Owner exceeds the Owner's budget for reasons othc;.r than those estab[Li hed in this Me Ill. the mmlificatirin of the Contract 978. 198 end '99[ Wit The American trslr .neat Pchiteals. All trams sin eaeitons Report for A(A Document 815111 —199A Copyright&x a=�`s�. ,. rights reserved. wAII NG: This AW 0e"u i-w is prol,, ted by US, I-Opyrighl Law arse trltemation-gi T.t,+s,:ies, 13rrx,athara �� resprad a..t3aa or dasli.asulion of INS,, �:W Documer_ , oa $!ia' portion o: it. mzay F'C j,,;'s in seeJ e civii aid rri ;,;nag punn;atues, i�atf'd w#t :l!? M;a Amwn sossiWe under this lavv,'i ms document S'Iz.S ;'3;'o'.�uG£`"U" by AIA 4...t..are a5 35.MIS CI M222 2008 u^.".er Order No..00343 _I wt,? Vi ex,'. res 0,rl 217,`20Q9 arms is not tear re -sate, User Agates: 3928 6u3} Docutile nts, it'requi'ed shall entitle the Architect to a Change in Services under, the term," of this Agreement. whether or not the construction nhase is commenced, § 2.2A PRE -SCHEMATIC DESIGN PHASE 2A.1. the Architect. in consultation with Owner shall develo amk in for the Proi ct to aueriain the Owncr's needs and establish [tic rci uidenit tits for the Prc+'q ct § 2.2.1 The Architect shrill a, _ %vork- with the C onstniction Mana< er at Risk and the.. C7w er utilizing the Pronrarnrnirig and Needs Assessment approved by the Owner to establish and/or validate the budget based on the requirements of the Project and shall arrive at a mutual understanding of such requirements and budget with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the 0;A iief4�-_Prjc�t pro :ratan. schedule. and construction budget requirements.. each in terms of the other, subject to the limitations sex fc?nh in Section a?. 1. § 2.2.8 The, Architect working with the Construction Manager at Risk shrill submit to the, Ovyncr a preliminary estimate of Construction Gist based on current area, volume or similar conceptual i stinaaiing techniques. PAGE 8 "§ 2.3.3 The Architect shall visit the Owners Project site :and shall provide to Owner 'a written report evaluating the f the Cavnes site fc?r the T'r<Ject h;isgcl on site conditions. and the t)»ner' Circa rani. schedtilc anti btadget fete the. Constrtictiort Coast. 'the Architect shall include. in the written re . oriz an identification and evaluation of the lccatior rivrailability adEquacv capacity and sufliciency of, all utilities necessar•v to serve the completed Project the Architect shall address -with the Owner any existing easernentus or rights -of -way which may interfere with Owner's Proi ct " '.a. Architect aerecs to u e, hss be t professional 't Ymcnt and reason able arc consistent with the practice of architecture andlor engineering rn the StatL cif„Texts an executing the construction rlocu�tz�nt& Architect`s signature and seal on the construction documents shall certifv Architect as Architect of Record s 2.�i�chitect.shall perform a building= code sCarCh under applicable regulations that may influence the Protect. and assures the Owner that the design will be researched before it is final. .Architect shrill also assure the C)wner that the facilities will be designed based on the current interpretations of applicable building codes Owner specifications and all docurriented zh n 1, _rsclnested by the Owner to the Construction Documents 2rovided by the C)avner during the Construction Document Phase k, 2.3.4.2, In providing the •assutartec r tltairrd undr,r th e �v isic>ns r>f Chi. Svc tic�n Architc ct shall exercise his/her reasonable professional iud2inent and cart:. consistent );with the practice of architecture in the State. of Texas and Q12licable law, Architect shall design the. Project in such °a manner that the. Proiect or each part cif the Project is readily accessible to ind u able by inthviduals with disabilities in compliance W111I Texas Government Code Cha ter 469. the Texas Accessibility Standards, all applicable requirements. sir standards of the Texas Department of Licensing and Regulattora and offierwis . complies with all applicable legal requirements applicable to Owner as_t r�ublic entity. Ira addition all cautdsatar Cis lititia i'aatures designed by _._�.... Architect:. if arty, shall meet the 2006 IECC which dictates allowable exterior light levels the local lieht trespass ordinance as adopted by the City of Southlake and ;ail ventilation and indoor air equality systeins desiened by Architect shall meet the Astirae Stand rd t">'2-1qq . Rcvisic7ns or aniendments to applicable cods or standards which the Owner/Municipality desire to interject into this progect after the Protect is permitted and revisions or anicndments toapplicable codes or ggnckirds which become effective after the date. of Substantial Completion shall be addressed by the Architect_ and shall be compenswed as a C har�e in Service under ChiA�ree.rnent. Additions and Deletions Report for AIA Document ti i5l TN 1997. Copyright ` , 19741,978, 193 and 1997 by The Amencan fn wiAe cf Arch lets. All rights reserved. %VARsr 3 GG € Ms A1A' Doc,Vm , n, $ prnle k'd ,y U,S, Covvra n: , Law an t tar ati xr at . , ai a • Una tit r,;<xed mot au ,i, tt ac distribution of Ihia- 4U, Do--urnent, o?'Iny porl=; of 0'....,y aesuN in so,,wro civii an o6mina€ pe=naaties, %nd svaa€ a�-- t a*,tcuttd„a a .asi nu r ex:`E y�.`*.. ,ilr�'E 31#1d:F':r ta43?. d£§ud.'1 h,r CO uln2n:1 Wa$ aIG'.3 e,C —t`i A;A Ser£i4'7rr. �i iS, 216 on i 0:22'2ZIOS uncle, O der No a J0u s4Jr4 1 Aum" h expires cn 21 7'20bS, ark is nol ''or reSa e. User Notes: 13923292658) $ 14,1 . I . The Architect,. sbqll uralConstruction I)MI the Architect. and anv-subsequent addenda or supplernents to tile Proiegr Manual, or Architectural Construction QraLwings �2r �Mpxt. The rq-111 I7raarin9s,.not in the Architectural Dravvi.ngs. or not prepared by the Are hatert but p rq id tjjoLin the Basic Services of the contract will be sealed by the appropriate entity rc-�;pon;,iblc for that _ -Portion of the Work 14.1.2. The Construction noculnents. -111 reflect a ari Owner and Architect shall .... . treements betw Cc concerning, Owner's, budgetary constraints, 12rog rain trial ic need--, and .. atiolls as for qualilv. functionality of--S—Vstcrns, maintenance costs. v standard,.,, and the -standards set fortIl Documents which arc ,uffic«tnpconstricton 'onqruction >f the Prr3iect and arc tree 'frown niatcridefects or omis 10 applicable laws_ ordinances uaaaccconstruction documents. Owner and 0,A Constrticition Docunients prior to releasg, of the.dockjl-L)Gqs e cippo urn to revievv all Elation ut uses. A - hit Lq( Shall as ,list in the .its legal counsel_,.and the Construction ..re. ent infort-nation. which describes the onosal of _aergenicnt —2) the Conditic�tas of the Contract for and 01 er Cotaditionsi. as amended for the Proiect, all to include proyisions required,by Owner in consultation with its counsel and Consir-e--, NJ- at Risk. Afterconsultationwith the 0-wner and Construction Mangeer it Risk. Arch i tect-111 so -,,hall c0nipilc the Proiect Manual that —includes the C ditions of the Contract for Construction and Projeci Specifications, .R. . 0 . Co s bidding or proposal requiretrientsand sample forinsdescribed above, 2.4,2 �Pie rkrehiteet shag -QW*ff444 1130 GO lid i PAGE 9 L 2.4.5. The procuremcnt and _protect clelivery method shall be desitnated by Owner'.,, City Council, PITIM4911P.1 slocal Government Code section 271,114. '12-4�. As used in this Agreement the terms "Bids" or "Bidding" sll.a.1l. include arty method of under the Texas Local Gove nl('wdgz�Ch, ter'-171, and other applicable movisjon,,,` The Afehiteet, -f�aflwAiHg- the Owiier's approval of �he We of -t and assis --in awafdine af-4 F�-Tafitig EOHtFa6tti A) wtion Docunients and of the Construction Manager at Risk'.,; latest estimate of Construction C(,),;t. shall assist the Construction Manatzer at Risk and the Oy-fner in obtaining bids or-neeotiated proposals and wo�jst in preparing contracts, Tear Construction. vrom -Furthermore the Architect shall cooperate with Elie Owner',; legal counsel in the_,AMh tc�c - pr _ Request for Proposal documents for the Construction 'Nianagerat Rjjk, contract docunjents and the General Additions and Deletions Report for AIA Document B151- - 1997. Copyright Qo 1 1974,197& 1987 and 1997 by TheAmeqcan iastiWte of Arcnif�ls. All rights reserved. *,VtPNlNG: This AiA' Docum,-nf is protecjy U 'S Copy nght Law and hmernrifionil 7 Dries UnauthaHzed aflstdtwlion of his AIA,' Ooczjrnefit, or VW PartJOI Crit, May �result in cMland cri.n, f 4"M vent.WL's, and will ba rwPcutec to the maxinkirr,, O..'e'lent Passve Lmdor "hP law. This docoment was prodjwed by AiA sohwa-e -* 15,02: 18 on 110 22'2148 under OOrris,N0.13003437741 I viNch ex fires On 211-72009, and is not for resale, User Notes: (39282926581 Condiiions of the Coniract for Construction. as amended or sUPPIenicnied for the Proicm to be vwd in the proposal process." § 2.6 GONST-RUCTION P. NSTRUCMN CON TRAG CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT § 16.1 The Architect's, responsibility to provide Basic Service., for the Construction Phwe under this Agreement ct-mrimences with thy. award of the iffi44,-Contracl for CZOP4-4&t.4�.onsinicfion and (crininatesai the earlier of the issuance to the Owner of the final Project Certificate for Payment or 60 days after the date of Substantial Completion of the Work. The Architect's responsibility under include a post construction inspection of the facility prior to the expiration of the warran(v period and includes the vreparation of a rcport to the C W, _IIer- § 2.6.2 The Architect shall provide administration of the Contract for construction in cooperation with the Construction Manager at Risk asset forth Below and in the edition i-.)f AIA Document A20 1. A201- 1997. General Conditions of the Contract for Consirtiction. current as of the date of this ALreement. aftless X iii wfitiHg by the Arehiiieei.as modified by the parties hereto, § 2.6.3 Duties, reW.nsibilities and limitations of authority of the Architect under ihis Seciiep 2,6 shall not be restricted, modified or extended w-iihout wrinen agreentent of the 0\vner and Arehiteet with C-0-w- Aaf: •whieb-C4�9, a( W-41 11 Architect. § 2,6.4 The Are It i t ect shall be a representative of and :shall advise and consult -With the. Owner to ter at Risk is due. and (2) as an Additional Service at the Owner's direction froin time it) time during the correction perioc described in the Contracts for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written § 2.6.5 The Arehiteet. as a Of (lie GM,ger. shall i-isit tile site at intervals appFopfiate to kle Q*tl4fHet4)F:s opeFat4)"". or as Othelv,ise I�imiliaf Milh and to keep the QwfieF qbOW L4e and qaalily of �he P014ion of tile Wefk e-empleied, (2) guar4 th geiwfal--Architect shall visit the construction site at least once a w-cck as needed upon commencement of the construction phase of the Proiect at intervals zM. r ynats L(Ijcrh site activities. regardless of whether construction J�, in progress. to become generally familiar with the progress, and quality of tile Work completed and to determine if the Work is being performed in a manner indicating that the Gonwaa Pecumems. Rowever. the 4ehiteei shall iflspeetiens to Check the qualify �-+444,- Work when completed will Iv in subs antial accordance with the Contract Documents,architect shall Provide the Owner a -WHUCTi report sub S C MUM to each site visit. On the basis ofon-sins observations as an architect, theArchitect sh I a 111 SjyqgL informed of tile rot re and quality ofibe Workand shall exercise reasonable care and diligence in di -covering and pronil2dy M, qqin,- to the Owner an v discovered or detected defects or deficiencies in the work of the Construction aria ter -at Risk or any o the Subcontractors. The Architect represents that he will follow professional standards LnIgg in the DallaVFc)q Worth trictroplex area in performing all services tinder this agreement. The Architect shall proni2tly correct any defective designs or specifications furnished by the Architect at no cost to the Q\knen Furthertnore, a minimum of twoiq jte tricetings pc,qruction through _Lm nth froth of con, Final Completion will he initiated by the Architect. Attendees will include Owner. the Contractor's Arco'lct manna ,er and/or �.ur)erinlendent. Architect's representative, and Architect. Architect or his authorized representative will -_ . project repre, jor to and during all concret pours i pro{ �L(k -,�JL bscryations ni ou -, ilia( _qn_ �_IL - contribute to the structural intcgritv of the building including all pours of concrete piersfootings. grade beams. floor slabs. arid concrete superstructure componentsif avjplicable In addition. Architect or his authorized representative will provide on -site observations prior to coverin2 UP or closine up of portions of the constniction which, if covered. -voujd conceal problems with the structural Additions and Deletions Report for AIA Document B151111 - IW8 Copyright Z 19741976, I , 967 and 1--97 by The Ammh�i encan lnsWule of Ae_m All rights reserved. VVARNjriQhas ANN' disldbu*jotiollhfsAdA 2 -, 7:2009, E3eid is not lot resale • User Notes, a3923292658i inteL,ritv of the project. Architect will advise Owncr oLlI—C services er-ices to assist the Architect. and will assist CiNvner in deve](2pnient of Requests for LrL)p x solicitations fur any a, roved by Qwner,, observalion-, by Architect. architect shall ke infomied of theprogressand endeavor to guard against and repot to the Owner defects and deficiencies in the Workand shall prompElv notify Owner and Contractor orally rtLmrding the defect or nonconfor!Iiijill "ork all be f .z- �k- �which ,�ht fojlowed�by notice in writing of defects and nonciiLig work noted and corrective actions taken or recommended. The Architect shall neither have control over or charge of, nor be responsible for, the construction means. methods, techniques, sequences or procedures. or f6f-�safcty precautions and programs in connection with the Work,. since these are solely the Contractor's rights and re-,ponsibilities under the Contract Documents. Any service, by Architect made necessary due to, Architect's negligent failure to discover a congruction work shale ional cost to Owner. Any services by Architect made . .......... —.1— I be at no additional cost to Owner, § 2.6.6 The Architect shall report to the Owner knovm deviations from the Contract Documents, and from the most recent construction schedule submitted by the Gsntr-actof-4onstruction 110anager at Risk. Hovkrever. the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect, shall be responsible for the ArchitecCs negligent acts or ornissions, but shall not have control over or charg e of and shall not be responsible for acts or omissions of the Contractor. Subcontractors. or their agents or employees. or of any other person,, or entities perfi-wming portions of the Work. "The Architect j�never the Architect -A)L considers it necessary or advisable, the oftheWork, in accordance with neasucis �LibrLcated, installed. or con a decision made in <Toc>tifaithfaith ei€her tc� txcrcise or not tc> exercise such authority shall la!k����thcr this autboritv ofthe Architect nor Architect to the Construction Manage give rise:. to a duty.or responsibility of flat e m IN notify Owner and Construction Manaeer at Risk orally and in w-H(in ofanv observed fault or defect in the Project or nonconformance with Contaci grid shall notify Owner of all corrective 3qLjon taken or r bythisSection are subject to the requirements of Charger 271 of the Texas L(x-al GoVeLrLjRent coo]C' PAGE 11 2.6.8 f to eomilitt --ou-11 4w- Arelliteel about InaReFs af-ising 0�it of or Feliating to *,he Corn"lunications by and with the Architect's consultants shall be through the Architect. Notwith.qandirn! the above. Owner reserves the right to communicate directly with the Cons eci of ariv such COMMUniC260n. § 2.6.9 ror Pavineril. he Architect shall review and certify the -amounts _due thLQtILsjructjon ',Janagcr at Ri, 16-9.1 The Architect �shajl observe anti corLif, the amounts due to the Construction %,jarlaeer at Risk and shall sign and issue Certificates for Pavinent in such amount, if such a[j,jo)ujj(,,, appear to be valicL ce>arcct and c1cerned due and n>vingtea thebeetof the Architect's know,ledge, information and belief ._-within seven days of receipt of Construction at Ri,,,k*s application for payment. I.rWrescritalion to the Ov.,nerbased on the —Architgc!L�jqhs 1 . a d n tile !it evaluation Of the a Work hw, proL�rerscd to Additions and Dele(JOMS Report for AIA Document B151 1997. Copyright 0 1974,1978. 1987 and -he Ama6can insslitule el ArcniieCis. All rights reserved. WARIMG.,his AIA" Docurrisat is pirotectP-j by u.s. Copyright Uiv snd lnlefnMional TTeatirs, or 1 10 -,{siesta o� this AIA" Docum�,nt, or ony portion of it, mtiy resull in Sevore civil and ��riltunal psrialur-_ a,.Ij -wal b�� m IN? rnavmi, sXtent under the lawThis clocurneri, was Produced by MA. so",vi,,ire at ore MZZ'2DOS uracer 0,,de,, No 00,-MA3741 1 =-ch excmres an 2IT2009, ono is nol for resa'c.- User Notes: the noint indicated and the Work is in accord ief. the qualitv ()f the: amounts rec uest knowledge- informatioect n nest the Architect's i�llhfh-far jLQQfiQEfl - . .1-evalliation of the subsequent tests -and iris J-io -relluill Of ace write the contract Docutticnts u can Substantial f 21 o mirror deviations from thq-Conmacl -Docyme�ntsri,2r to cunt lesion, and t4) 10 sPecific guidifications expressed b b, the Architect in writing P Fe� E'.rii (A., ibe a 'i�13�?Ff4i#"r-f?!F=j�Tti£'R$:-i+3i-$�'-4�----�` w .. .. , d 09 Elie de+a-eoffir 's eo— G'Omp Ork Am- e444-niafiee w4h the, S e,F P911tiHHOU�; eq+-, 'tt L - -St k-OfAfff L4*4f -, -d Rd -ffIM ef kif- 4,;e f.0 +14 +40 § 2.6,10 The Architect shall have atqhogtv�' al -gut )r Manner at Risk and the Owner. to reject Work -��hich does not conl'orni to the Contract Docutneril--, Whene�'er the Architect considers it necessary or w&j implementation of the intent of the Con authorisa tion from the Q%vner. to re ureahe provisions of the Contract Documents, �vhethur tar nor such �hxark is neither this authority of the Architect 11 installs d or Wever. Hood faith either to exercise ear nc?t t« e reef authoritv shall give rise 10 a duty or re such , j Ity (l, the architect i lect to the Q-( �-�.onstruct ion Mana-Tr at Risk SubcontractOrs, material and eqUiPtnent supplier,, their agents or employees Or other persons tit, portion,,, of the Work. § 2.6-11 The Architect shall review and approve Or take otherapprolpriate action upon they Nlam nstniction neer at submittals :such Shop Drawings. Product Data and Samples. but rani} for (lie limited purpose j,)f checking for conformance with information�Iiven and the design concept expressed in the Contract Documents. The g Architect's action shall be taken with such reasonable proraptness as to cause no delay in the W44fk-t� itcown force,; WhinttxArchitectn.construiviJon by the 0xvner*s s protcssianal t to permit adequate reviel�v, Revim of such I details such as dentracy anti C0lnPJC[CnC.SS OfOihff of equiptnent ores nr for Ills for installation or performance C-en;racn;or a, -all ain tile responsibility of the NI atzer at.Risk and Subcontractors to the extent required by the Contract Documents. ConStructon an, The Architect's review shall neat Constitute approval of Safety precautions or. unless otherwise specifically stated by the Architect. of affi4-constructio-,)n means, methods. techniques, sequences or procedures. The :architect's apprcrtial-of a specific item shall not indicate approval of all assembly ofwhicb the item i� a component. When professional certification of pe formalice characteristics of-12.1alerials. systerns or 9guipmeat is re by the Contract Documents, the Architect shall txI entitled !Q- Mlt: a on .such certification to establish that the materials sys enls car eQuij2went will inert the performanceeriteria required by the Contract [) Contract § 2,612 VifleallY F quii-ed of Ehe CoWfaC40f bY ihe Q;!)ti,a'4 Peounients, the Nfejj4eej L-111P Additions end Deletions Report for AlADocumLnl 8151T�-1997. Copyright Q 97e, I0$7 a..,jj 19R-, , bv The Annerica,-j lnslj<e olArc itecls. At; rights reserved, WIARNING: Th;,- AIA' DOCUFnent is PrMocled by Ij,S. ,Opyr;qhlxunawt�ized tion ,, d'sVibul;W`l of thil, A,;A' D*cum,,mj, Lr any pro` it ,Y ,� �j t it 1�1 Se ere civd and m "Ind Arill b,-- pro,,��ecLf�lr�dreproducr "gent Possible tMder t h,, law. This document was CfOduced by A�A softV; 2� 1 7,200ii� and isnol fo? rcs�,Je, User Notes. Q9241292658,, fessiralFON'al ;Olen subfilit;ed p'+e oi'appFovak pef4)Ffned 6y '4K-4-de-sig-i Architect shall rovickv and sion or take other appropriaw action on ChaniYe Orders and Construction Change bythe_Construction Mall4gg prici _LLILL�L s execution in. accordance With the Contract Documents. 2.6.13 The. Architect s4A4LpfepaFe-C4R �f 'tea Owfiers appFaval and exe-s �­ —..d Illay authorize minor chanees, in t4—Work not invol�Ino an adjustment in the -a Contract Sum or an extension of ihe-a Contract Tinic which are - at a oat inconsig _ent with the intent of the Contract Documents. be effected by written order issued through the Construction Njanager at Risk -as..approved by the Owner. § 2.6.14 The -'—*-Architect. A hitect. assisted by the Constructi.on Manager at Riskshall conduct inspections to determine the date or dates of Substantial Completion and tile (late of final eelflpletioA. Gofitraetor a"d comi2letion whichshall be apnrox-ed by the Qwner'File Architect shall forward to the -Owner warranties have been hall issue final Project Certificate for Pavilient IlPon compliance with the requirements of the Contract Documents. § 2.13AS The Architect. shall interpretand decide rnautr,., concerning performance of the 0,s%-nerand andtanatruction manaecr at Risk: under the requirements of the Final Contract Documents on "Titten request of either the 0-,vner or Risk. Tile Architect's response to such requests shall be made i*-w44ffg.Akh le pro anal within an-Y time limilsagreed upofl Of Wil, § 2.6.16 Interpretations and decisions of the architect shall lie consiqcm with the intent of and reasonably inferable from the FinalContract Documentsand shall be in wrifin orintheforinofdta" - -in g-s. Wher, makin,- such interpretations and initial decisions, the Architect shall endeavor to secure faidiful perfortnance by both Owner and C*,* - �­ klanager at Riskshall not shOWP:1rtiafitY (o either. and shall not be liable for rLsuks of interpretations or decisions so rendered in good faith. § 16.17 The initial deej�jj"_-f�tt - of Othef qlat;er' in _d relating to aesthetic effect shall he final if consistent with the intent expressed in tile, Final Contract Documents. § 2.6.18 The Afebiteet's deei,Architect shall render written decisions sJia electronic gjgjj�zc, car hrardccar,ti= within a reasonable lirne on all claims, disputes or other matters in question between the Owner and Q��- '4r, aPhily-alieR as pFeNided in thiz Agfeement afid in -he (3emf-ac�, onstruction Manaaerat Risk relatine t( the execution or progress of the Work as provided in the Final Contract Documents. 12.6,19., The Architect ,hall docurrient.,all racefini!s and decisions t made throughout the course<Lh� I. _— - .Project and shall provide copies to the ON ner and to The Construction Manileer at Risk 11 �§2�6_20_ TkeOitec,AL rovide the Ownerlvith_!!�Lc) scl�L.,. K9.pEQdrkOWu nts.shfming. in the �.MLV__ Archiiect*N judiiiie,-it.,,;igilificant..chinees to the Construction Documents during the Construction Phase. PAGE 13 § 3.2.2 Project Representatives shall be -,,elected. employed and directed by the Architect, and the architect shall be compensated ilief e4if: there fi are as a creed by the ON+ ner and Architect. The duties. responsibilities and I i mitack ns of authorit% of'Project Reprzosentafives shall be as, described in the edition of ATA Document 13352 current as of the date of this A-reement. as modified by the l2arii Z - otherwise. agreed. Additions and Deletions Report for AIA Document 8151ru — 1997. Copyright IQ 19749718, 1987 an'. iqq "y Tte Ame"n InsiiWIP oArdhilecls, All rights reserved. IWARNINTl",s AW 41isltib,vtioi of uhis tMA' Doculp erk". of any wtOn -of il, may tesum se it ve-'e �:iyil Zri'd and Will I'a pm��I:zuled m^ Vni� rnt'. Mavi"12 eylen'l possib!e unde" ";'e law, 7"is dOCUMeM was Prodticed -by A 5o'iviare �UI 15:02zla On 10 22,2008 un—W, 07der VvNch expres on ZI 7 2009, and is not tor resale, User Notes: i3928292658.-' § 3.3.1 ?aftifffti•ixa� i ifc ft+cam}r �t?+trts-#ttt-ice ki ;ten <€P3tovec! by C)u per. n tC it w rc i it5n �n I3r z €new_ ci is €tir+nti. <rr other.documents when such rcv i, •ions, ttnlesc attribtitable to the fatalt of the architect. are; § 3.3.3 Preparing Drawings. Specilicattitans and other docurr entation and supporting data. evaluaiinri Contractor*.,; prcjp«sals, and providing otherservices in connection with Change Orders and Con'-tructioatt Chan-e 1 ; ;,Directives which are not in tlrc Basic Services, PAGE 14 § 3.4.9 Providing services in connection Nvidi the xvmk of • eF - separate consultants retained by the Owner. 11 § 3.4,13i fstxt s i a p E�ca e t c i s? ti t-Et t a+ y tt e :tib i USED, § 4.1 The Owner shall provide fo44- infprnlat€t>tt requirements for the Project, including a wFiti program \x'hich shall set forth the Owner's ohieclires. schedule, constraints and criteria. including space reyuirettrents and relationships. flexibility. cxpandabilit>, special eoluiptneni. s t ft ;;•x+td site requirements. § 4.2 The Owner shall establish and u �wlate an overall bud ,get for the Project . when re aired, based on conuitat on ww, ith the Contruction 'blanancr at p isL, ;:anti the :architect. which shall include the Construction Cost, tlrc. Owner's rather coasts and reasonable contin2enia: s related to all of these costs. owner's City Council. by maigrity vote is the cant re aresentatix°e of C?w°per. a rtrnnici ality. h<awinu the atawer to enter into or amend a contract. to app rawe chartLcs in the Scope of the,,Work. to a p rave and era cz to„i, h< ra order car Constrtaction C hanue Directive rnodifl in the Contract Sung or Guaranteed Maxitnunt f'tice. agree tea an extensiotl ol'the dates oaf Sulastafttiai Coat alctir€n cir Final Completion. or a tarca =e chunks in the nhitect`� ctsu� nti a€ie�n C)wner-s C'ity C:aauracil na3ti° desienate one or more representtatives w ith <tuthc3rit mmtej strip cictrutncnts after Cite C ouncil_aawc��al a- nd/or to ativ i,c atia cons III with Architect for day ro dax� operations under the a�reernc nt - Owner's desiyintated representative tr> 4iln co7ntracIs, tlatne; Shona Yelverion ,t.itle: City Mana«cr or ,ucceztcsr. Owner's desicnated representative for day-to-day operations: tiamc: Jinn Blait7 _ T€tte: LSi�tatnt C itv �ani6ogr, or vuue. sc r- In the event that an emergency decision is reQUired before the City Council%; next re<w! ar nleetimz or in Girder to facilitate and expedite the iime)N completion nI' [Ile Work, the City Council s authorized Additions and Deletions Report for AIA Dorument B151 r' — 1997- Copyright , 1 w' 74, r 978, !9'7axed ',E-9 r by Ti e A.npncan nstitrsts t` 3rc� ii�s. All rights reserved WARNINGThis Att'<" G1Ic.umpftt !, J i <eL9 by US, C,op3 irgiit z.g a Ir l 3ret .1s.ionai 01 €Y s A'arc spa �. �iaa �➢i r��� � ,�z ci b r 13 fast �iru?ioi, t5 O=Cu nenl. 0r ny perki n tint it r iy r �v1, r, S�"verc civa �Gmd c6mir i ptraiiie , .st saiit ��y t,tes.-r..a� €, €t € :, ax.ar.u,rr W Y, ten€ y'i:�µ5. W e under r'fe'. . Ti`is docu"r161t was �'oti tv£^€3 by AIA so`ware al 15:02:18 yr `:%3:''22 2!4f05 uic er Older No. d i l wh ch expir85 O'} _?: 17;20r09, a "d is not for teseiel User Notes: {�922292o�Bi rePresentativeihiav a ')rove construction changes that do not exceed S contract. xvilichever 31110unt is in 000 or 25% of tile anjoun, ()f tl)e �vriting between the C()'s"s (() the 0"nCr. any- such change shall be c nfirined in ontr4Ltt�r �)wncr'�- and notice of �,uch IiVen to the Council at its next approved slIal.be �,s autho�ized r —reeul,ar re is nrihie_ s,ihte niecting.Ci-allicil 'vill ct as S0as 10 avoid undue delays in the construction Completion Date or theaorderly013 jild ",011crilial progress of -the ; the ;. rcfij(e'C(*,s sere iies' PAGE 15 43 The Owner shall furni,- ,I, structural, njeclIallical. and chemical tests for air and water Pollution: tests fe, hazardous Materials: and other hiboratorN and en viron nien I al (e,,t� r -, rectu , i, 'PectiOns and rel)(Mls required 15-v law or the COnlracl 130CUMCnts. A ired be- I cical Government C() �h-g rg sjnal enLin X0:r �zh::e:�insectjonde Chapter ')7 l,.Qwncr ,,list contract separately cer ices.le"quig of construction —Miteriak engin erinj!, ,jjjj fw-essary f the facility bv Owner - for the acceptan<,e o § 4.11 Pamint 'EJUCII n0tice shall be lli%'en by -the Owner to the Architect and Collqruction �fanagcr at Risk Qvvner becomes aware ol'any fault or defect in (11C Proiect.or nonconformance the --e ��k- if 114e Contract Doctirrient,,, cL)Ijs Ila u —lh�—suhrnj Ited to.the Architect for review a V)d appro at le, days prior to cNectition. The Architect and ,prof � -A, 1 14 architect's Consultants shall not.make certif)CAOTII, (11,11 would m , i IBIS A4-1reerijelil, would knowledoe or services beyond the scope of § 4.13 The Ownershall furnish tile [��qllired inil'orinalion and service, and shall I render elec'u-I'Mic Mil, fax, or hardeopy in a jrea,-(, pid decision� via reason ex Manner a1z neces A.rchiteet"services ,ind Work of the Contrac;Lirs. for I] RMLresl� _(If the, §414 The.Ow-ner slian furnish the Archiie copie- nical L�� , of Nritlell c() u Risk and Contractors via electronic mail fax. or hard v. n',", A4111 the CMI-qruction Manager a, 4.15. Nothing in this Articlesliall relieve architect (,),Ir aTIN, re,,,,powibility or ljahijite, for the rfortnance of architect's contracted senfices - § 4,16. Architect acknowledges that. 10 the extent defined in thi,,, a-reement lie i,, be team and is res2onsible, in accordance vvith this stirsleader Of the de �itient. ror the dC-,iL'n of the: Project, Therefore. —6-w—ner shall be entitled to rely on the Construction Docunienl, ser\'Jces. and information furnished Architect, This Sections hall not rclie+-e architect of a he' III Architect*s contracted sere -ices on the 2Qiq�zlz �ibilitv or liability for the p��rforinance o L�11T The 0wjjer*s decisij,n, on Ownct"s Consiniction r - matters relptino i,, Shall he final 10 the extent that Consulted" lend" aesthetic 'e"'Jol's to 0-ner. Architect shall be PAGE 16 w the 0 5-1—L-For lb—C-pu-M ' I L Se of the Arc iitecc, t'- the Construction COM shall he the total cost a, r.Mal k-0111pleliOn Of all cicnlec()n'pcn"'-on M" 0 he Protect desit'ned (W specified by the Archi(eCt and constructed by the Owner, To ih MK24�x Le.TLt the f t � shall U1 The e� Le — tncjLjde ILall clements of the Project b, Idesigned by the architect and accepted by the ,L)wner. but not constructed by 0"ner Additions and Deletions RePOrt for AIA Document B 151 1997. Copyright 1974. � 1978M7 rights reserved, ViAPNINC, Thi, AW' is IM11 12-97 by T"e I'Vilule 0; krhite^.ts, All Of thisAik' Docum�y PMWsCled by U's, copwigfj� LaWin'j iOl,'Na,WWla" rm 0' A'My 1111-111ion �4 a� fra`V "OsOt in r;pWIwh f� X�er4 Ssin-L'Odtr V10 'aw, Thziio 14 21 --ZOOS, S 00cumefl"! wa S p'Qd!iC,-d Oy A JA SoZrv;3�e a� 5:,vL,� F. on User Not resale. I 1 1 C: 22,2008 urder Inc, let No 1000,-443 741 _ I which exp es on i 3� IZ8292656i §�.444e- �-, a-C , �s- - iR the r Of all elemepls�4&444it § 5.1.3 For purposes of the Architect's Construction Cost does not include the compensation olthe Architect and the Architect's consultants, ihe costs of the land. rights -of -way and financing or i), tier co,,ts that are the responsibility of the Owner as provided in Article 4-A or alternate design ,ref the Architect that are not cOnstrUcted or 2pvroved b_y the O%k ner, PAGE 17 § 5.2.4 if fixed Ifinit of Construction C(.-,)st (adiusicd as provided in Section 5.2.3) is exceeded bV the [mvest bona fide bid or negotiated proposal, prior it) conimencemeril of the WO- rk , the Owner shall: cooperate in revising the Project scope and quality as required to reduce the Construction Cost, C '1_5.2.5, When the Project recit, constraints, moeam--nnink-needs. and expectations as it) quality. functionality of systerns. maintenance costs, and usable life �,u in hilycp jprnent and facilities. the Architect will is-,,ist thel.'onstruction Nlanner it Risk s _1gration of a prelifilinary estiniale of the Constniction Cost. Thi,,, estimate may be based (.in current area. volume or similaLcooccl)lual estimating techniques...As the deii,,D the end of -.Lb lie Ar _procgL,, progres�c� tbrotieh the Construction Manner at Risk. shall updaic and refine the preliminary estimate of the Construction Cost, The Architect shall advice the Owner of any adjustments to previous estimates of the Construction Cast indicated bar changes in Project requirements or general market conditions, Tber\rcJjijecishall cooperate with Owner and. if applicable. Construction Manager at Risk. satisfy Owner's-budzecary consiraintsom zramniatic needs and expectations, as. to qualityfunctionality of sk,stems, tilaintMna Lhe,,es(imate of` the Construction Cost exceeds Ilic,�-Owner's budectthen the Architect shall redesifain elements to achieve cost sayings within the Scopg of the A"ork. but in doing so, shall not delete any es,,entiai. element of the Project. . Architect shall present the rede-sien-to Owner for Ownefs ap j-)royal and. in doing, so, shall notify Owner in writing, of the actions taken to brine the Project into Owner's budeet- If Architect as tea redesign the Piz>jeet tta meet Owner's budgetary. Programmatic,,.and guality needs. then the. Architect shrill make apnropriate written recommendations to the Owner to aditm the Proiect's sizequaJLtL--qr hudgtt__ItL4 the Owner ,halt cooperate with the Architect in making such adiustments," § 5.2.5 if the Owner ehoose, to mWify tile doeumepts koF Nyhieh 4le ible widet, this. Agp' . ahe #rxeti licit i€siiel at T -hL Qw- eampensation ift eom+ne-wed, 1, 6, 1. Architect shall provide tp Owner all drawings specificationsand insiructigns to the Constniction Manager at Risk (including the necessary number of pgp 'Construction Documents." that are,."J.thin Architect's scope ofservices and that are sufficient for Owner to complete construction of the ProLgo and are free from material defects or on`iiSsion,9.—The —C-o"-n struction Documents are Co.ius.e ... palely with respect to this Proiect, The Archilecu"Id the —Archifeec" coneultants shall be deemed the authors and owners or their. respective Construct —ion Documents and shall retain all common law. statutory and offier rewrved rightsincluding couvrir,.hts, 1 6.2. Upon execution of this Agreement. the architect grants to tile Owner a —nonexclusive- license to reproduce and use the Architect' mz and maintairfirw, the Proi is Aereernem, The A40111ons an(Joilletions Report for AIA Document 8151'm- 1997. Copyright Q, !n74. 1 , 978, 148m 7 and 1597 by 7be Aencarl ?msti!�J-e 0, Amhile-vs. All rights reserved. WARNING: "iris AW Docuf"��,nl, is P, olewIed by -,Dpyrighl U-and nd lrmmilliar-�11 TttM'ie*,, Unauihot �,,d of �, 1 C, I -,u r is Phi's AIA' nr any porlior, of 1l, M�Iy res"dt ip, SL'Vllr�� civil and crim, n'laf mnalfies" �mo WRI b�, f 10 ft �mlxin pe,, �Sibie undet vl� izv;, This ✓x Imsrtt ryas 0,ciduced by AIA software P.1 1,5:02:180n 1 rr 22 2uv8 undderc-der NoID00,341 �74! excres on ZI 7'2009. and is nos for resaie User Noles. (3928292659;; not iconstltij!za Bale trans,fer any license "ranted herein to allotiler [)artv, �%-ithoul th dge or otherNkise 1,10"vever, the ownershall he perly, I'll �nX n MV11101 Of the Architecl, Material Or [11C '-011(raclor, Sqbcontrgctor,��, �uh, ,u on 2-11CU re i: i ! d tractors Ind V121"OPriate to and for use in t 1.) We W)Plicable,,. M)rzignIZ rr )f the COMI-lic-tion Documents distribution (11 (, QQIL xecution of tile Work-bv license granted in S90ion 62 �'" u0curn "I"I'MI U-Ion L)oqurnent-,� to njo.et oI jjcj,,j I.,ul, lory Submon 0 Lonnection witb the proiec, i, a rements or for similar a0-t it) -beconstrued as pi ibl ication in d,m) racion of the re,�et-A,ed ri pht"; Of lh, .,Vchirect and tile. Archi lec"S consulta" Ir .. 1. - I Amililect Architect's Con&uItants", A RISING QUIT OF OR RFSUI,-j'j�X(; 111FRETRO—I.I., architect JN%tN VND EXPENSES INCIJ-DING ATTOPXFI' six months after co reliance to third I) vk� larced UDOTI and with tl arlies� )r 2 Period of' rfleiion of the wo hOlve-KCT, OWner lands ftai such 'Iddidonal nj' �-c ~written periniSSion of. 0"Iler: and return the re, e reI20ris Will not be issued until Share parties si,,n . .... �- -n-, _ujim tno bY Ole AfebiiEE4 all be I S be dee Red4efff4oa in 4 2 fau 1 E o r 9ft*ff'e, (0 lfWie -pr Addilions and Deieli ------- Ons Report for AIA lights reserved, vIARf4jt,,G, -)his k,,A' DDOOcCuUmMeeln' B""' - 1997- CoPYNOV� 1974, 1,9781987 a- ,d qq' by Th IFis AiADocum�,n�,. or any po Le-,v, , e to nor ;nSli,Ulle Of Arthite—s, All prolecte I ".�Y US capy��g,�j rj'n 1.1d �rU-,rnahon3j 'T*eat'e�, fePMduclion �,,r ri x r, I P�, u P, P 04 ii� T-"av re�ul�, Ca xi and iimjlqi penwtBPS. and wj"I P'o , nt Ignat for resefe, '-^: I F � Se -,Wed to 'he mmk�rn, 16 ZI 7 2MG, a der !beiS er" `aS VMU,:00 Oy A iA sol'nwv are at 15 10, 22,2 -m User Nolm 003 ul�3`e` Orde' NO 1000343-' i4i - " exPres on, i3928292&58i L4-0—ACU'-claim. dispt, subject 10 Mcchation Pfcceedings by either the itistitutitin ref ie § 7.1.2 The C31�•ner and �rchttect them hy and other matters in questic.)n hcjl%,Ccn shall be filed in %A,, ling with the other party, to mediatiol, Request for this Agreenjenj a rid "'I.- - I — C—." vx tjjtat)jc T ontro'crslWould b - DrOcceditigs, bascd 0 L'4'Te( by anl)li(-,Ibl § 7.13 "he Panics shall Share the inediator's the fee arid any filint, fees cqtlaljv. The nlediatit)n -COUntv Where ih- an()jVcr "tan i- shall he held in s 0 a. tri'led uP')n, ---)—fffcc is 1()Calcd, unless a Jll�!Rrric s reached in InediatiOn shall be eliforceable f ) and in pecQ-1ir n' in alIN court as I h h,'%'i')1'jurisdictin lhcrc,,()f. in I ediatio 01 the Texas shill n �,Z c 2-1i�-Ijl�lilon s �Illbc ci� a 2 r ., , .,, j L, , llefiCc k M-N y ClIfOrce"ible as-1 slides b1� alteilaws�c>f t}ic State chili texas. anv claim. ellsute- M`V 10 to(21"ier t, coniroier'q, b Additions r'qhfs rcse and Deletions RePOrl to$' AIA Document I'ved �"tAPNMVG, Tm-s AW 815 -1997,Co Pyright i�� 1, "'��"on -14 INS Ate Doc, -Met 16� pbiec;,6 v 79 78. c98 99 7 4 US, copvn,,i by -s All 11"PM(lucl:on 0, PP . .. ..... tj ZOOS, 1" not for resa�c, m d' CAd by Ale, S at, be pmm, 17 User Notes, I 5�02: cn 10 22 under O!de ch expires on PAGE 19 ]INTENTIONALLY LEPT BLANK —4- A'NC-h. Hill- 111, yfi":FeeE441t?FA� hall Ole demidnd+ Ater § 8.1 If the Owner fails to make timeiv payments To the Architect Aggreenjent, such failure shall b;17)n1-1l' ."for undisputed surns" in accordance with hi, A+ehit"34�,,"",iqn--,,-� 'Cc' Substa"lial n(�')Perf0rrna1)Cc and Cause t.("r tcrinination er, a� ihe davIi"vi-itten notice to 6 �Crvliccs, the Archiject shall priOr to Suspension of the Architect shall have I 'Uspension Of Ser'vice',', Of smices. Befive resuming use Of such suspension incurred in the inteirTuptio cnSiOn and any expenses ,ln,c res'limpt t)n f)f The Archiieci'�, SCI-ViCes. The Architect-, fees for the rernaining 952=09t SerVices and the tune schedules Shall be equitably a4iMl4ed. Architect shall be alj(,)NA,cd j() Performance or services under this A-Z—reemo slr4 end ,�rchit is !U(—Or"ODp:1-N'mcnz by Owner only after the rmii0n0ften (`I0)days' written notice. in accordance 'Vi 11011 ' QI If, I i'l & 8.2 if the project is suspended ky the ONE ner for more than 30 consecLiti-,,C jp .y,+_ Architect, the Architect shall be cOmpen,.;ated 1,()r �ze p 'jax,s (hr(')ugh no fault of the F,ices erfol-i'lled Prier to notice Of Such suspension. Whef,4 k'd-fof—S The architect fees for the renjainin- sen-ices and the firneschedules shall be equitably adjusted. C, Additions and DeletjOnS-Report for AIA Document a 15, 11 - 1997, Copypighl,., I L. 74, ,978, 1 rights reserved, %VARnm,-�,� Dozm*e'nt �-s pfoV�cicd '�Y '-�'S. 987 a, -Id 1997 " by -� ��,e Amenca*l Nsfifule ol' Arc.li4 distribution 01 ihis 414, � Do ' mc, C,PWiqhr! Lawqnej jrjtir, CU el-ts. All 5�XU'nt acssible vndf�: "h� 7 oril"Y por'N"m 01 ii-May reI" al i� nai Tf �,,,wjt, S, i�o-, j, q 'M , r,�P, wrlre civil P��rafl . I , d, CtIorl M 21 his d v�a S P�'Cldk;Ced by AIA a,, i 5 Or'. 1 C�'22'-2 lies. 4; ro��'e� ,=2009, io?,,esaje zMd wi -p -Uled 10 �hc maxi'", tp-' 18 User Notes. 008 WndOt --,'Oer No. 1 OC,1,443?4 I.. § 8.4 This Agreement ma}be terminated by either party upon not less than seven days" t� ritten notice and r�iataeet cni h cure should the Ile parT% fail substantially to perform in accordance with the terms ol'this Aretient throuth nra Sault of the party initiating the termination. § 8.7 Termination Expenses are in addition tt compensation for the services of tile Agreemeait and directly attributable,to termination for which the Architect is nr>t otlieinclude expansesry ire 40f4 hte �iEk� ittdi(;3b , creditors1 i if a receiver is a iointed on accr)unt of itsain4o l einc 4 aii� such event could i'llcd or the benefit ��f. Ls Architect's , rforaitattr e. Accordin"li.recc_,.. 3 tttai Won taccurrenrz c>t aiyv �uclt €�� nt_ gto re nest of Architect ade u€ite assurance of future , erfortitance in accordance such thr terrns;and Conditions illjw_ndtl t is Lill meat. Failure to eoaii ,l th such request within ten t 10 dny= of rieiivwi� o,r tla� re uevt shall entitle 17r�°nei t<; terminate the A.t'ehitect's ser ,ie,,s in,L CL d �ltce as-ith this Sectiran.. PAGE 20 § 9.2 Temi:< in this Agreement shall have the same meanin, as those in the edition of :CIA Document A 01. General Conditions of the Contract for Construction. c �. �rtY r'' anicrtried #car this 1'ro eats mcxlified by the artier thereto. As t material cryn tderatioa taf` the niakill' of this Agreement. the. =kjodail atatin to i:his Areemettt shall not lie construed at riiitst the maker c>f saidIrdlfi�,ratirans. § 9.3 #awe zr�tecl-atid-ti wit ns at=ts r+ it tH =art...11 h#e*t� 1t�ter t "fie fa# i + t.._. T USED rtir eia erlsr t11 § 9.4 T4+-_OWy to die extent damageare covered by property insurance during construction. the_ Owner xtid Architect waiee all rights against each otherand against the. contractors. consultants, agents and employees of the tauter for damages, except such rights as they may have to the proceeds of such insurance asset itat�li in rile edition of A1A Document A201 General Conditions of the Contract for Canstruetioit, a to sit - tlae dine < f tlti� Asr me .as amended this ?rc�ect. ,The ONVIler or the Architect, as appropriatc, shall re<lttire of the contractors, ccansu3tatits, assents and empimces of any of them similar waivers in favor of the rather parties enumerated herein. § 9.8 The. Owner and Architect, respectively bind theniscive5. their partners. successor:. assi ins and lc al representatives to the either party to Chas Anreernent and to the partners succes,.ors. atssiens and lega ment. l mpresentativ es ol'such outer party with respect to all c•o%enants Of this Agree\Either the Ci s tier nor the. Architect shall assia n this Agreement Without the written consent of the ' ��-this••-'��e�i�es�t-t�-�i � -: Aher. § 9.8 Unless otherwise provided in this Aareenient. the Architect and Architect's consultants shall have no responsibility for the discover presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic subsiatices in any 9'tartn at the 1'r�at c;t tt site unless lrcliaitet•s acts or omissions introduced car caused orallowed to he introduced to the Prra"ect glee saint Fa,�7arrtn.>r n,�.._... �_ t ai^r .. e _ a .« . . Additions and Deletions Report for AiA Document 8151 saa 1997„ Copyrights" , 9,4' apr8 8, � � ;a rights reserved. is �itA `4ar5 A4A r,ei r pr tzN sS by q , COPY? M lair ants lr,ern iaaq'. 7rt tzt.>. i a ru.hz , ills r . astrl t r L 1 this �xa Z r a ll T£ rti, tar any 'r.v c L a <x, Y iT , (r r amen i T�yiPR 1 U A�II q 3> ati pau esivi 3r` V CpsS'it.a 't;'i ,ar a xt r t pa atrae zrda r titer la,", Thus t i,rret t v �� �• g e }8 e _d wrarrrr ea iynnaitiM WO w4l ra5coula d l the r^ a,r=:u, a „24ii�+ and is no, 0' r25iie. t bd;�CB ty iA bII=tvwr4 'et t8 �....8 �n , v e22008 under Order Rd ,' u 23 3; H i _T v°;h h Cox r '- Znr: User Notes: {3928292658} 2iLIK-c discoi erv, or the date on which Architect learns of the hazardous nature of the njateriajs. 1 9,1 1, It is distinctly.agreed that by virtue of this; Agreement. no archileel,crigineer.. mechaniccontractor. materialm an. artisan. laborer or subcontractor. whether -,killed or unskilled, shall ever. in any manner have. claim or acquire any lien upon the or kind so crocted.or u:i be crected.by viraw (if this Aereement, nor u on gray of the land u ran shtt h said im arsaveDaaenIs are so erected, built, o situated. such property being public property belonging to p olitical subdivision of the State of Texas." "L9,12. This A-ereement is sqbig�t !L) jjIj.,IL.jL .#p Ii 'Ible J*qdcLijL;gjd slqtgjqcvs. rules. and regulations. Inv- -_ _afidit of any portion of this Agreement under the Jaws of the State of Texas or of the United States shall not affect the validity of the remainder of this. ALrectrient." 9-1 L L -7 Lo the —e�Lc —nL(Lf S 9 L, IL, 1 LS forms.,, By sienin- this A-reement, the undersiLlned certifies as follow-: 'Under Section 231,006. Texas Family. Ovendor or applicant certifies thxIe. the v at the individual or business entitle named in this contract ntrac(. bid. .orapplication is not ineligible to receive the ..specified grant loan or payment and Licknowled-e-s that this coritraettriav be terminated and Davment rnav be withheld if this certification is inaccurate. 9-15 It is understood and aLreed that the relationship of Architect tra Owner shall be that of an inderwrident conrwenawntshall be deemed or construed to: 1) make Architect the agentservant or ernpi ayee of the Owner•, or 2) create any partnership. ioint. venture. or other association t< �Iwcv�Qwner and Architect. Any direction or instruction bv-0,.vner or any .oaf its atithori7ed rep we� sentatives in respect to the Architect's serviccs shall relate to the results the C3wner sae fires to obtain frorra tlae Architect. :and shall in no way affect the Architect's independent contractor status." 19.16. No delay or otnission by q_ either of �hc lexercl, Lrlg..iMti right �A% It o the noncompliance or failure of.,perforniance by the other Party hereto of anN, of the provisions or this Agreement shall impair any such right or power or hL construed it) be a waiver thereof. A waiver by either of the_parties hereto of any of the covenants. conditions or agreements to . ......... . ...... .--.-�JMC—reuf —ta_Rgiformed by -the other variv hereto shall. not be construed to be a waiver of any ,uh.sgguent breach thereof or of any rather covenant• condition or avreement herein conlained." il 9.17. COMPLAINTS. The ard of Architectural Examiner has itirisdiction over complaints Texa., �, So, regarding the profess ional practice, of persons registered as architects in Texas under the Architects Architectural Examiners lean be reached at P. OBox 12337, Austin. Texas 78, 1 1-2337 or 333 Guadalupe. I Suite 2-350. Austin. Texas 78701-3942, by phone--at_(512) 305-9000. by fax at (512) 305-8900. or on the wvb at hM://thae.slate.tx.qs." PAGE 21 Direct Personnel Expense is defined a4 the direct salarics, of` the Architect's personnel en -aged on the Project and the portion of the cost of' their mandatory and customary contributions and bewfits related L herew.,such as cniplovinent taxes and other statutory employee benefits. insurance., :sick leave, holidays, vacations, and employee retirement Owl,, and Additions and Deletions Report for AIA Document 1997, Copyright, !�-,,A, !9778, IM7, and 1997�-y Tt-,eArnviaan institute of Architmts. All rights reserved. WAANPNG� Ths AIA"rnoris W ION ONI-Icd by U-S, Copyikjht Lev; wed inief**tiomn! TrellUes, U1,11IRWhOTLned repr,,,duct�lor, or 20 erMzibulion o! INt Aloe" Doet:npnl, or any P��,Iliori 0 MWP il vertl civd,',In�J ,'mmmel and %VM ptose,-Uted to Rip milvMva", c zienl PO,"iit)IP tj�dat the lack, - I �,iS clocLnr all was P"oduc," by AlA software M 15-02:18 rn a222006 uncer Older No, 10003431-4 . .... I I wnizh eyp<res 01 2117,2009, and is not lot resale. Urmf Notes: ,3923292658) § 10.2.1 Reimbursable Expenses are in addition U) cc;mpensistion fair Basic and Additicarral -ices and include reasonable ;rtad rlecessar4 ca(ien,cs actualiv incurred bt" tlrc Architect and Architect's ernplo,ees and call u directly related it) the Prnject, as identified in the litho -win" Clauses: it trtts PAGE 22 Pa 'rnents on account of the Archnc ct's Additional Send s derv. and for Reirnburstrble Expenses,lrall be n do rnd nt#tl} uflc rr Ilrzscntation dif the Ie#titc�t , s alcnlettt of ser"r:ces rcrtclered Or eXpCilses, incurred#, o dedurttons sh ill be made #rc>nr tlac Architect's cdlmPczisation on account. ofpenaliy, liquidated z3ain,t��cr tither SUMS withheld from pad=rnents to crintracttir+, or on acc,�ultt of the cast ofchan�=es in the iVrirk other than those for which the Architect l-bed` �.. .t5 ttthcrYsBe re4ni_ )nsible attributable to the neck �eltt Win— or or �»issic�n of, (b, �t�ch�ite� d�r���rch enal Sc��e�nst�l �r1t�,Ices. or I § 11.1 An Initial Payment Of 4"Shal} Zero lac+liars And �,cro Cents �S i) f3[) sl? ili be, made upon eaecutid>n of this ARreem0nl and credited to The CJ%vncr s account at final Iraytncn;. PRE -DESIGN SERVICES - Stipulated Sum of -Parent : !Loth thousand dollars 52-1,00, o, )(1 10TAL PRE-L ,,SIGN SERVICES: $24 000 00 AA E DESIGN SERVICES, 8% of the Final Construction Cost C'4Le lv. the anticipated fee is Seven htindre;di twenti thousand dollars $720.000.()O based on the anticipate jconstruction bud yet d f 59.( )fl.( li:l.(it3. and the &c ,, for the A&,F_ D sign Services is not to exceed $720.000.00 pending no increase td> the scope. Of the I'ro`ect and Construction Budeet unless the Architect and Ownera~Srez in writing, TOTAL A A- R nPcrG' t-r—JCFS: �7'10,0()0.()0 "seeds Assessment Site and Facility Protrranrrrtinn Schentatit I�e.i=tn Deign Di velopIllent Construction Documents Biddine and ` egotiation. Construction A3,ministration A & E ADDITIONAL SERVICES- DoIIars >1 1 i 5OO 0O,surn Of hundred fifteen thdau5 rn� #it,e h�Ittir�d, C id�il Rn�i�neerirrL, and �nrrsirud,iir� �iriiriist atir�ia Stiriulated sum of'Pa-elve thousand f S hundred Dollar, S 12.5()10,(g(g- Stinulare tu3 dij"T�,,ent four tht�ustnd t#?ree hundred Dollars +24.300.(?f) Landscap Architeci %klith Construction Administration Furniture Sc lectic>n. ,tz� ci:fcativn and od nrernrnt Additions and Deletions Report for AIA Document 8161 rm - t997. iopyrlght'w 9'3, 1 ? 51 7 1 cc' rights reserved. tYARNING Th€ AW 0Lzcu iinl is pz to t k y ti.� r e € d iri33l.. ,att Of ttai5 AI�4" + rz ` 3 it x..."i a;�d iPrw, s ,hp t h& Amen 2� sIiIu-Ie W Ar 'I1tects. All 7beun3t is 0 7y brl, f t, may rtso! €n Snu! P b i mid mi i 1p,, all€ts, ood ..t "t rest td x, r 3 xr ht t3b9ra 3t under rho ins . , h35 dbG repf meri, was pr0tua2d t y Ain ,b}e4sa 2 ,.'. I .�_, , E br .,s e y 21 2_ a ? 2tYJ� and ?s n,: fior resale. -2C P,, a�r,ez v.ler No 1000343'4 3._ b ax fires on User Notes I Q2a292€s58? TOTAL A & r ADDITIONAL SERVICES. $152 300 00 C°Oti 1'I' GENCY EXPENSES Contincenc Iye nse� as necessary. Reiinhur,�able Stipulated sutn of Seventy two Thousand Dolkirs S72 (00 00 1=�cna� s t �rlc�r i'er;lea tires. Ejm I�� sign TOTAL CO T1NGI:tiCY EXPENSES S72.000.00 PAGE 23 PAGE 24 Pre -Design Services A&E Design Smite-,; Schematic Design Phase: Design Development Phase Construction Documents Phase- Bidding or Negotiation Phase: Construction Phase: Total Basic Compensation Canting ncv Expenses Monibiv pri')prmtional tcl work completed Sixteen percent ( 16 %) Twenty-tc�=ot��=c� percent € ) Thtrtl' Six percent t 36 rG) Four percent Twenty t of Percent one hundred rcei+t -00 100 rt ) �Ixrcentf Nfontltli asexlu.n:;ed {a) Principals' (Project Manager) time at the fixed rate of One Hundred Fifty Dollars ($150 00) per hour. (b) Supervisory (Project Architect/Senior Engineer) time at the fixed rate of One Hundred Thirty Dollars ($130.00} per hour. (c) Technical Level I (Quality Control) time at the fixed rate of Ninety Five Dollars ($55 00) per hour. (d) Technical Level 11 (CADD Production) time at the fixed rate of eighty five Dollars ($85 00) er hour. (e) Technical Level III and clerical and administrative time at the fixed rate of forty Dollars ($40.00) per hour. (a) Principals' (Project Manager) time at the fixed rate of ©ne Hundred Fifty Dollars (Si 50 00) er hour. Additions and Deletions Report for AIA Document B15't TN — 1997, Copyright D 19745. ;9?8, t �8s and;qq ov 7� Arnedcan Instigate ci Architects. All rights reserved. VVAPNIN This ArA` Documentto is prcrc ted by Sropy rghl t.�r zl'J :rtern Tr€ at sthat hor xed slstr butiDn' of th;a Al A' Doc or any pc<<, r sxt r r Ia? re a;t in s,,aar� iviI and 3rranat peras.i'es. sm'd s,iz€ bxT p respn'il d to 11;u €riaxrr u?" 22 exlent Possible unfit <r obey Isar. This dcsarrne.a was ptodul�ed by AIA sc:i.• are ai 15�02: a e on 102,2'2008 ureder Ordv Nm 000343741 t wh"Ch expires on 217r2000. and is not!or resale. User Notes: (b) Supervisory (Proieci ArchitectSenior Engineer) time at the fixed rate of One Hundred Thirty Dollars ($130.00) per hour. (c) Technical Level I (Quality Control) time at the fixed rate of Ninety Five Dollars ($95.00) per hour, (d) Technical Level 11 (CADD Production) time at the fixed rate of eighty five Dollars ($85,00) per hour. (e) Technical Level III and clerical and administrative time at the fixed rate of forty Dollars ($40.00) per hour. § 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Section 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of ( 1.10 ) times the amounts billed to the Architect for such services. PAGE25 For Reimbursable Expenses. as described in Section 10.2. anti any other items included in Atiicle 12 as Reimbursable Expenses. a multiple of (1 1.10 ) time, the expenses incurred by the Architect. the Architect's, employees and consultants directly related to the Pri,ject. M5,1 If the Basic Services covered by this Agreement have not been completed within Thirty Six 36 ) months of the (late hereof. throueh no fault of the Architect. extension of the Architect*,, services beyond that time shall be compensated as provided in Sections 103.3 and 11.3-1 § 11.5.2 are clue �tfid pa��hle day�, "w the diile of !he AFehileet4, iHvaiee, —paid f. ak- .1- in , "i" the, invoice shall bear interest at the rate enter-ed below. or i1i Elie absenee thereof ai I �he ppiHeipal plaee of besifte!is of the AFEN-1- Owm of sp(citied by Texas Government Code section 22 4; 1.025 or its successor. § 11.5.3 The rates and multiples set forth for Additional Services shall be adjos.-d i- -e - --c-OFElOnee Wilh OW FlOr !;alFevi = pFactiees ef the 4ehkeet annually adjusted in accordance with normal salary rejew practiccsof the Architect, 42rovided, however, that those rL�tq`_and jjLul iples may not be adiusted upward in an amount that exceeds the norm for the industry or the U.S. Consumer Price Index ffor all goods and services) for the Dallas -Ft. Worth Met-roplex....Records of Reimbursable Expensesexpenses, r)erlaininL to a Chanp-e in Services. and of services performed on the basis of`hourlyrates or Direct Personnel Expense shall be available it) the Owner or OwneCs authorized representative upon presentation of Architect's grogress payment applications or at other mutually convenient times as may be agreed between the .— parties. 412.1 The Architect .will also be respon-sible for Interior Design Services as outlined in this agreement. § 12.2 Venue for any dispute relating to this Agreement shall lie in Tarrant County. Texas. 4 12.3. Notwitbstandin2 other nrOVisions to the contrary. as used herein, references, to the AAA Document A20 I T',11- 1997. Ckneral Conditions of the Contract, shall refer to that edition of t ** h.e documents, 't "a amended for this )project." Architect agrees that the AIA Document A201'r,ki-1997 may be ,'uhiect to subsequent amendments based upon negotiations between Qwner. Architect and Construction Nizinaecr Additions and Deletions Report for AlADocument B151Tv- 1997, Copyright 19%,1978, 19F, and 1997 by The Amcnican instil,�ge of kct,�itei:ls. All rights reserved � VVA5M.,140z Tbis AIA- 5=mtnt i�; protf,—tod by U,S, Copyriq4l and TrImVO'S', o d➢Mtibuvion oMs AW Ooc,urnan(, 0,Iny p0,10t, tA, tt. n,.jy r,�sufl �,n No*vern'�;vikvnd <,riminai penaitir--, and prosecuted nl�kinwm. enters , Z-17'2069, and is noj 1--r rL,,scle. user Notes: at-Risk.and agreed to by thin Archizeci in Nvriting. As a condizion of further service. Archilect Shall provide. to Own1 sjgncd stwiomeni seating Ar,� hitect's utrectnent to adhere to any such neLoiialcd amendments." TN.,; Aefe*,Mew thk EIGHTEENTH day of N 0 V iN,1B E R . 2 Q{L),S PAGE26 Mr. Andy Wambsilaws. Mayor Roben P, Cjavya. PrinciVA! City of Southlake RPGA Desian Group. Inc. Additions and Deletions Report for AIA Document SI5ITv-1997. Copyright ID-,974, ,978 i987 axi 1997 tyV The Amesicar JnsliluleO A,,chftv-.is. All rights reserved. VVAPNING: Pvs AW Documtn: is p,,Wec!Pd by US, Cop, �qnt Liw znd w1outho6rod dislribuiiz�m ol this AW Domimt,of �j, Or e��y po,lion 24 y,�O , lvt an 4�e,� v, Civil and Criminal penities, i3rtdw1Y1 be prcseculed 10 Ole ma,�inlunn em,�w POS,;Wc unl'tf the law, eni was nmoucedbyAIA sohware FI, 15X)2!S on 10222-01Q3 �jnda,, Omer N01030343741_1 which expire5 On 2:1 7;2009. arc 'S rt", lc�T resale, User Notes: (3928292f58) Certification of Document's Authenticity AIAO Document D401 2003 I. Robert P. Garza. hereby certify. to the best of my knttwledLc. information and belief, that I created the attached final docti tlent simultaneously with its associated Additions and Deletions report and this certification at 15;01:1 S can 10/22/2008 under Order No. 10003437411 frt>rr AIA Contract Docurne tits software and that in preparing the att;tchetl final document I made no chanE+es to the original text of AIA Y; Document B 151 1997 Abbreviated Standard Form of Agreement Beove.en Ginner and Architect. as published by the .`t1.y in its software. other than those additions and deletions shown in the associated Additions and Deletions Report. tS'i,�;�rery) (Time) (Dewed') AIA Document D401:* — 2DD3. Copyright 0 1992 and 2003 5y The of r;ar institti€e ct A _tus€i;ts. Alf rights reserved PLAIN ; Th s MA Ooc,�rM— i is pro 4 test ,} LJT,S. Copyriiphl Leivv znd i tem ions' € re. atirs. :Fng,a,'73 szed reprodu .von 'i" di, ,r ; uV iiizn of tl;i5 A3 Docu,r. nl, i+r enu aorta a: of it, txtOy in sl.vwe i�,i viP and ,cri ..nW pence lies. as=vd zvi. be praa_ wu.ed 10 Ola fnaa !rnL.;rr3 e)tdn, <t.r € his docti..nsrtby AIA seware a9 '15,02115 on 10.'22:2 D6 0,Ver PVT,. !CM313741 f 'IvIV '? exGi"c-- or, 21?:2J-09, and is nol ET...esaig, User Notes t39282 2&5ti} SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT 1/2% SALES TAX REPORT 2008 Collected Budget Balance Budget to Date Balance Percent $ 4,467,750 $4,145,500 (322,250) -7.21% MONTH Fiscal Year 2006 Actual Percent Increase/ (Decrease) Fiscal Year 2007 Actual Percent Increase/ (Decrease) Fiscal Year 2008 Actual Percent Increase/ (Decrease) October $461,119 120.83% $304,276 -34.01% $334,143 9.82% November 258,824 9.91 % 308,020 19.01 % 376,231 22.14% December 371,963 10.52% 523,323 40.69% 536,434 2.51% January 246,180 11.18% 290,761 18.11% 362,682 24.74% February 235,970 14.60% 301,199 27.64% 299,335 -0.62% March 336,357 13.96% 382,088 13.60% 382,776 0.18% April 303,289 22.98% 311,411 2.68% 363,054 16.58% May 314,379 27.94% 359,218 14.26% 388,216 8.07% June 422,323 50.52% 389,658 -7.73% 421,448 8.16% July 255,215 15.79% 348,010 36.36% 362,334 4.12% August 311,137 23.07% 329,686 5.96% 318,847 -3.29% September 340,310 23.27% 374,527 10.05% - -100.00% $4,222,177 $4,145,500 TOTALI $3,857,066 Three Year Revenue Comparison by Month $600, 000 $500,000 $400, 000 $300,000 $200,000 $100,000 $0 t O' OA 01 00 00 0o O� 0o OQ' O% o0 00 �'A �O� �J\ QO°' g°Q Fiscal Year 2006 Actual ❑ Fiscal Year 2007 Actual ❑ Fiscal Year 2008 Actual Actual Budget Actual Estimated (budget-est.) % 2007 2008 2008 2008 Difference Change October $ 304,276 $ 321,974 $ 334,143 $ 334,143 $ 12,169 3.78% November $ 308,020 $ 325,935 $ 376,231 $ 376,231 $ 50,296 15.43% December $ 523,323 $ 553,761 $ 536,434 $ 536,434 $ (17,327) -3.13% January $ 290,761 $ 307,672 $ 362,682 $ 362,682 $ 55,010 17.88% February $ 301,199 $ 318,718 $ 299,335 $ 299,335 $ (19,383) -6.08% March $ 382,088 $ 404,311 $ 382,776 $ 382,776 $ (21,535) -5.33% April $ 311,411 $ 329,524 $ 363,054 $ 363,054 $ 33,530 10.18% May $ 359,218 $ 380,111 $ 388,216 $ 388,216 $ 8,105 2.13% June $ 389,658 $ 412,322 $ 421,448 $ 421,448 $ 9,126 2.21 % July $ 348,010 $ 368,251 $ 362,334 $ 362,334 $ (5,917) -1.61% August $ 329,686 $ 348,861 $ 318,847 $ 318,847 $ (30,014) -8.60% September $ 374,527 $ 396,311 $ - $ 396,311 $ - 0.00% TOTAL $ 4,222,177 $ 4,467,750 $ 4,145,500 $ 4,541,811 $ 74,061 LC -1 L99WI S A November 6, 2008 Mr. Jim Blagg City of Southlake 1400 Main Street -Suite 460 Southlake, Texas Re: Southlake DPS Facility Construction Update Dear Mr. Blagg: Since our last report in September, work has continued and is nearing completion on the remaining concrete retaining walls along the northern sine of the parking garage. Ninety percent of the Area `A', lower level slab has been poured. The remaining ten percent is the elevated area where Court Records will be housed. Structural steel erection began October 27 in Area A. Currently, 90% of the main level floor beams are in place. The concrete floor in the Apparatus Bay is poured and the concrete block work in this area commenced on Monday, November 3`c. Preparations are being made to pour the main level floor of the Fire Administration wing on November 14''. We continue to appreciate the cooperative working spirit of all parties involved in this construction process and remain confident that this team will deliver a successful project to the City of Southlake. Very truly yours, Bob Reynolds Senior Project Manager