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2004-04-07
SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT 1/2% SALES TAX REPORT 2003-04 Collected Budget Balance Budget to Date Balance Percent $ 2,166,155 $ 901,244 1,264,911 58.39% MONTH Fiscal Year 2001-02 Actual Percent Increase/ (Decrease) Fiscal Year 2002-03 Actual Percent Increase/ (Decrease) Fiscal Year 2003-04 Actual Percent Increase/ (Decrease) October $192,022 21.62% $180,396 -6.05% $201,663 11.79% November 190,845 17.53% 185,174 -2.97% 211,639 14.29% December 281,020 18.23% 283,333 0.82% 282,041 -0.46% January 159,364 1.09% 176,353 10.66% 205,901 16.76% February 158,580 7.49% 156,983 -1.01% - -100.00% March 210,042 1.51% 219,395 4.45% - -100.00% April 201,261 8.46% 204,622 1.67% - -100.00% May 196,725 -7.95% 221,992 12.84% - -100.00% June 224,631 0.51% 231,224 2.94% - -100.00% July 190,257 0.06% 205,270 7.89% - -100.00% August 181,522 0.75% 195,235 7.55% - -100.00% September 216,716 8.77�� 4.50% - -100.00% $901,2441 TOTAL $2,402985 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 t' $0 �LLJ LJ Three Year Revenue Comparison by Month o°` o°` o°` O��°, �•\ Q°e' g�Q ■ Fiscal Year 2001-02 Actual ❑ Fiscal Year 2002-03 Actual ❑ Fiscal Year 2003-04 Actual Budget 2002-03 2003-04 October $ 180,396 $ 184,004 $ November 185,174 170,360 December 283,333 240,833 January 176,353 156,954 February 156,983 139,715 March 219,395 195,262 April 204,622 182,114 May 221,992 197,573 June 231,224 205,789 July 205,270 182,690 August 195,235 173,759 September 226,477 137,102 _ TOTAL $ 2,486,454 $ 2,166,155 $ Actual Estimated (budget -est.) % 2003-04 2003-04 Difference Change 201,663 $ 201,663 $ 17,659 9.20% 211,639 211,639 41,279 21.63% 282,041 282,041 41,208 14.66% 205,901 205,901 48,947 30.71% - 139,715 - 0.00% - 195,262 - 0.00% - 182,114 - 0.00% - 197,573 - 0.00% - 205,789 - 0.00% - 182,690 - 0.00% - 173,759 - 0.00% - 137,102 - 0.00% 901,244 $ 2,315,248 $ 149,093 -6.89% a City of Southlake, Texas MEMORANDUM March 25, 2004 TO: Southlake Crime Control and Prevention District Board of Directors FROM: Rick Black, Director of Public Safety SUBJECT: Approve Funding for RPGA Design Group, Inc. as Architect for North DPS Facility Action Requested: Approve funding negotiated by Staff, for architectural services of the North DPS Facility and associated architectural services Agreements. Background Information: In August of this year, the Board appointed an architect selection committee and staff produced a Request for Qualification (RFQ) document. The committee convened on three different occasions, conducting interviews and reviewing the proposals of architectural firms. On January 7, 2004, the CCPD Board accepted the recommendation of the selection committee to enter into negotiations and develop an agreement with RPGA as lead architect for the North DPS Facility. Staff and City Attorneys negotiated the attached agreement and cost package. Financial Considerations: The total cost for architectural services is $1,430,800.00. This is inclusive of the Site Assessment Phase, Pre -Design Phase, Basic Design Phase, Construction Phase and Supplementary Services. Based upon an estimated $13,000,000 construction project, this amount equates to 11 % of the total construction cost. According to Engineers on City Staff, acceptable architectural fees fall within a percentage rate of 10 to 12 percent of the total construction cost. Financial Impact: Crime Control bonds will be sold to fund the construction of the facility. Currently the CIP budget includes $13,000,000 for the construction of the facility. Citizen Input/ Board Review: N/A Legal Review: The attached agreements have been reviewed and approved by Robert M. Allibon with TOASE. Southlake Crime Control and Prevention District Board of Directors March 25, 2004 Page 2 Alternatives: Alternatives that exist are; (1) Seek another architect, or (2) Renegotiate attached agreement. Supporting Documents: Standard Form of Agreement between Owner and Architect (Document B727) Standard Form of Agreement between Owner and Architect (Document B141/CMa) Duties, Responsibilities and Limitations of Authority of the Architect's Project Representative (Document B352) Architectural/Engineering Fees Breakdown Staff Recommendation: Approve funding to enter into agreement with RPGA Design Group, Inc. for architectural services of the North DPS Facility. lown-FIvAIA TM Document B727 -1988 Standard Form of Agreement Between Owner and Architect for Special Services AGREEMENT made as of the Twentieth day of April in the year of Two Thousand and Four BETWEEN the Owner: (Name and address) Mr. Andy Wambseanss, Mayor City of Southlake Department of Public Safety 667 N. Carroll Avenue Southlake, Texas 76092 and the Architect: (Name and address) RPGA Design Group, Inc. 101 S. Jennings Avenue, Suite 100 Fort Worth, Texas 76104 For the following Project: (Include detailed description of Project, location, address and scope.) New Public Safety Facility for the Department of Public Safety Southlake, Texas Approximately 12 acres at the northeast corner of East Dove Road and North White Chapel Road. Pre Desis:n Phase: Develop Needs AssessmentlValidation and Programming Surveys and Testinz Boundary and Topographic Surveys Geotechnical Soils Report The Owner and the Architect agree as set forth below. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B727TM — 1988. Copyright © 1972, 1979 and 1988 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:03:38 on 03/15/2004 under Order No.1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (504741847) ARTICLE 1 ARCHITECT'S SERVICES (Here list those services to be provided by the Architect under the Terms and Conditions of this Agreement. Note under each service listed the method and means of compensation to be used, if applicable, as provided in Article 8.) Service to be provided Method and means of compensation Pre -Design Services: Develop Needs AssessmenWalidation and Stipulated Sum Pro rag mmina RPGA Design Group, Inc. will work with the City of Southlake to develop a scope of work that meets the City's expectations and project budget Surveying and Testing: Boundary and Topographic Surveys Stipulated Sum Geotechnical Soils Report Stipulated Sum ARTICLE 2 OWNER'S RESPONSIBILITIES § 2.1 The Architect will work with the Owner regarding requirements for the Project. The Architect and Owner shall furnish required information as expeditiausl}-in a reasonably expeditious manner as necessary for the orderly progress of the Work, and the A.ehiteet shall be entided to rely an theaeeur-acy and ^1eteae^, heFee�Work. '-fir---=----_ § 2.2 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. ARTICLE 3 USE OF ARCHITECT'S DOCUMENTS § 3.1 The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents. The Architect and Owner shall co -retain all common law, statutory and other reserved rights, including the copyright. The Architect and Owner shall be permitted to retain hard copies, including reproducible copies and electronic digital files, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Architect, Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing to the Ar-ehitpr# § 4.3 No ar-bitFa4ien ar-isiflR OUt ef ef F0140FIg te this Agreement shall inelude, by consolidation, jeinde AIA Document B727TM —1988. Copyright © 1972, 1979 and 1988 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:03:38 on 03/15/2004 under Order No.1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (504741847) agr-eefaent to arbitrate and other- agreements to aFbitFatewith an ad-d-it-jenal per-san eF entity dyly g@95 _.emW to by the i3af4ies to this Agr-et!p�fq �b�jl be speeifieally enfor-eeable in aeeer-danee with appheable law iii an), eoH14 having 4 -.by -either party. aeear-danee with e plieable 1.,.., : any court h..yin risd:..t:en then of ARTICLE 5 TERMINATION OR SUSPENSION § 5.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 5.2 If the Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of -and/or terminate services under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. § 5.3 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. and all TeFffliflation Expe defined in ceet:en c n due. •1 Fer-se-r-viees provided on the basis of a multiple of Dir-eet Per-sennel Expense, 20 per-eent of the total :r-e..r UeFsennel Expense .red to the time of te.� ..heti.,; and Tl.2 For- ser-viees pr-evided an the basis of a stipula4ed sum, 10 peFeent of the stipulated sum eamed to thetime of ter-frAnatien. ARTICLE 6 MISCELLANEOUS PROVISIONS § 6.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the ^ FrArchitect (Tarrant Countv Court). § 6.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date payment is due the Architect pursuant to Section 8.4. § 6.3 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. § 6.4 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 6.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 6.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous AIA Document B727Tm — 1988. Copyright © 1972, 1979 and 1988 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 3 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:03:38 on 03/15/2004 under Order No. 1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (504741847) materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 7 PAYMENTS TO THE ARCHITECT § 7.1 DIRECT PERSONNEL EXPENSE § 7.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits. § 7.2 REIMBURSABLE EXPENSES § 7.2.1 Reimbursable Expenses are in addition to the Architect's compensation and include expenses incurred by the Architect and Architect's employees and consultants in the interest of the Project for: .1 expense of tFanspoFtafian and living ex. eiienwith out of tewn tfavel authorized by th-e 9wner-; .3 fees paid for securing approval of authorities having jurisdiction over the Project; .4 reproductions; .5 postage and handling of documents; .6 expense of overtime work requiring higher than regular rates, if authorized by the Owner; .7 renderings and models requested by the Owner; 8 expense of additional coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's amkonsultants. § 7.3 PAYMENTS ON ACCOUNT OF THE ARCHITECT'S SERVICES § 7.3.1 Payments on account of the Architect's services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or as otherwise provided in this Agreement. § 7.3.2 An initial payment as set forth in Section 8.1 is the minimum payment under this Agreement. § 7.4 ARCHITECT'S ACCOUNTING RECORDS § 7.4.1 Records of Reimbursable Expenses and expenses pertaining to services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 8 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: § 8.1 AN INITIAL PAYMENT OF Zero Dollars And Zero Cents ($ -)0.001 shall be made upon execution of this Agreement and credited to the Owner's account at final payment. § 8.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services, shall be computed as follows: (Insert basis of compensation, including stipulated sums multiples or percentages, and identify the services to which particular methods of compensation apply, if necessary.) Develop Needs Assessment/Validation and Programming $83,000.00 (Fee includes $10,000.00 in anticipated travel expenses based on anticipated number of trips. The Architect will only invoice the City for the actual documented travel AIA Document B727 TM — 1988. Copyright © 1972, 1979 and 1988 by The American Institute of Architects. All rights reserved. WARNING: This AIA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 4 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:03:38 on 03/15/2004 under Order No. 1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (504741847) expenses incurred, however, if it is determined, during the project course, that the anticipated travel expenses are going to exceed the allotted amount the Owner will be notified so the necessary adjustment may be made.) Boundary and Topographic Surveys $15,000.00 Geotechnical Soils Report $15,000.00 TOTAL: $113,000.00 § 8.3 FOR REIMBURSABLE EXPENSES, as described in Article 7, and any other items included in Article 9 as Reimbursable Expenses, a multiple of (--one 1.0 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. The Architect will maintain and provide the Owner with a reimbursable expenses "Running Tally" report itemizing all reimbursable expenses on a monthly basis. § 8.4 Payments are due and payable thirty (30) days from the date of the Architect's invoice. Amounts unpaid -4 ) days a-fteF the iHV8i6e date shall bear- ifiter-60-4 -at the, entered belew, A -r- J;; ahe, A-h-senee , at the legal mwe pr-ev.,;1:,,.. F.-.,.., time to time at the pr - pal ..lace of business of the A eh:teet (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding other requirements such as written disclosures or waivers.) § 8.5 IF THE SCOPE of the Project or of the Architect's services is changed materially, the amounts of compensation shall be equitably adjusted. ARTICLE 9 OTHER CONDITIONS This Agreement entered into as of the day and year first OWNER (Signature) Mr. Andy Wambsganss, Mayor City of Southlake (Printed name and title) RPGA Design Group, Inc. (Printed name and title) AIA Document B727TM —1988. Copyright © 1972, 1979 and 1988 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 5 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:03:38 on 03/15/2004 under Order No.1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (504741847) Certification of Document's Authenticity AIAO Document D401 TM —2003 I, Robert P. Garza, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 16:03:38 on 03/15/2004 under Order No. 1000097457_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B727TM — 1988 - Standard Form of Agreement Between Owner and Architect for Special Services, as published by the AIA in its software, other than changes shown in the attached final document by ulrlkt'!1'1!lded text and string over deleted text. (Signed) (Title) aw (Dated) AIA Document D401 TM — 2003. Copyright© 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:03:38 on 03/15/2004 under Order No. 1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (504741847) 11 TM AIA Document B141/CMa —1992 Standard Form of Agreement Between Owner and Architect where the Construction Manager is NOT a Constructor AGREEMENT made as of the Twentieth day of April in the year of Two Thousand and Four (In words, indicate day, month and year.) BETWEEN the Owner (Name and address): Mr. Andy Wambsganss, Mayor City of Southlake Department of Public Safety 667 N. Carroll Avenue Southlake, Texas 76092 and the Architect (Name and address): RPGA Design Group, Inc. 101 S. Jennings Avenue, Suite 100 Fort Worth, Texas 76104 for the following Project (Include detailed description of Project, location, address and scope): New Public Safety Facility for the Department of Public Safety, City of Southlake Southlake, Texas Approximately 12 acres at the northeast corner of East Dove Road and North White Chapel Road. Approximately 65,000 — 75,000 Anticipated Square Feet , Currentlyanticipated $13,000,000.00 - $15,000,000.00 Project Budget Schematic Design Design Development Construction Documents Bidding and Negotiations Construction Administration The Construction Manager is (Name and address): To Be Determined The Owner and Architect agree as set forth below. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with the 1992 editions of AIA Documents B801/CMa, A101/CMa and A201 /CMa AIA Document 8141/CMaTm —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:33:32 on 03/15/2004 under Order No.1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (1637508440) ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 ARCHITECT'S SERVICES § 1.1.1 The Architect's services consist of those services performed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. § 1.1.2 The Architect's services shall be provided in conjunction with the services of a Construction Manager as described in the edition of AIA Document B801/CMa, Standard Form of Agreement Between Owner and Construction Manager, current as of the date of this Agreement. § 1.1.3 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Architect shall submit for the Owner's approval and the Construction Manager's information a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's and Construction Manager's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. § 1.1.4 The services covered by this Agreement are subject to the time limitations contained in Section 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES § 2.1 DEFINITION § 2.1.1 The Architect's Basic Services consist of those described in Sections 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and all Professional Services typically required in the performance of projects of this type which include normal civil, landscape and irrigation, structural, mechanical and electrical engineering services. § 2.2 SCHEMATIC DESIGN PHASE § 2.2.1 The Architect shall review the program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. § 2.2.2 The Architect shall review with the Owner and Construction Manager proposed site use and improvements; selection of materials, building systems and equipment; and methods of Project delivery. § 2.2.3 The Architect shall review with the Owner and Construction Manager alternative approaches to design and construction of the Project. § 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. § 2.2.5 At intervals appropriate to the progress of the Schematic Design Phase and mutually agreeable to the Owner, Construction Manager and Architect, the Architect shall provide schematic design studies for the Owner's review and the Construction Manager's information. § 2.2.6 In the further development of the drawings and specifications during this and subsequent phases of design, the Architect shall be entitled to assume the accuracy of the estimates of Construction Cost which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. § 2.2.7 Upon completion of the Schematic Design Phase, the Architect shall provide drawings, outline specifications and other documents for the Owner's approval and the Construction Manager's information. § 2.3 DESIGN DEVELOPMENT PHASE § 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval. The Design Development Documents shall be based upon data and estimates prepared by the Construction Manager and approved by the Owner and shall consist of AIA Document 8141/CMaTM — 1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:33:32 on 03/15/2004 under Order No.1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (1637508440) drawings and other documents that establish and describe the size and character of the Project as to amhi mall Professional Services typically_ required in the performance of projects of this type which include normal civil, landscape and irrigation, structural, mechanical and electrical systemsengineering services, materials and such other elements as may be appropriate. § 2.3.2 At intervals mutually agreeable to the Owner, Construction Manager and Architect, the Architect shall provide drawings and other documents which depict the current status of design development for the Owner's review and the Construction Manager's information. § 2.3.3 Upon completion of the Design Development Phase, the Architect shall provide drawings, outline specifications and other documents for the Owner's approval and the Construction Manager's information. § 2.4 CONSTRUCTION DOCUMENTS PHASE § 2.4.1 Based on the approved Design Development Documents and any further adjustments authorized by the Owner in the scope or quality of the Project or in the construction budget, the Architect, utilizing data and estimates prepared by the Construction Manager, shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. § 2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and Architect, the Architect shall provide Drawings and Specifications for the Owner's and the Construction Manager's review. § 2.4.3 Upon completion of the Construction Documents Phase, the Architect shall provide Construction Documents for the Owner's approval and the Construction Manager's information. § 2.4.4 The Architect shall assist the Owner and Construction Manager in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contracts, and the forms of Agreement between the Owner and the Contractors. The Architect shall assist the Construction Manager in issuing bidding documents to bidders and conducting prebid conferences with prospective bidders. The Architect, with the assistance of the Construction Manager, shall respond to questions from bidders, and shall issue addenda. § 2.4.5 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 2.5 BIDDING OR NEGOTIATION PHASE § 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the Construction Manager's latest estimate of Construction Cost, shall assist the Construction Manager in obtaining bids or negotiated proposals and assist in preparing contracts for construction. § 2.6 CONSTRUCTION PHASE -ADMINISTRATION OF THE CONSTRUCTION CONTRACT § 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the 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. The Architect's responsibility under this agreement shall include a post construction inspection of the facility prior to the expiration of the warranty period and includes the preparation of a report to the Owner. § 2.6.2 The Architect shall provide administration of the Contract for construction in cooperation with the Construction Manager as set forth below and in the edition of AIA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager -Adviser Edition, current as of the date of this Agreement. § 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractors and the Construction Manager, which consent shall not be unreasonably withheld. § 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractors is due, and (2) as an Additional Service at the Owner's direction from time to time during the correction period described in the Contracts for Construction. The Architect shall have authority to AIA Document 8141/CMaTM —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 3 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:33:32 on 03/15/2004 under Order No.1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (1637508440) act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. § 2.6.5 The 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 the stage -job site activities, re arg dless of whether construction is in ur-itingprogress, to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in substantial accordance with the Contract Documents. The Architect shall net required provide the Owner a written report subsequent to make exha istiv eentinuous en site inspeetiens to eheek two ality of quantity of the War -k ach site visit. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeaver exercise reasonable care and diligence in discovering and promptly reporting to gtaF4-the Owner agaist-any discovered or detected defects and -or deficiencies in the work of the contractor or any of the subcontractors The Architect represents that he will follow professional standards prevailing in the Dallas/Fort Worth metroplex area in performing all services under this agreement. The Architect shall promptly correct any defective designs or specifications furnished by the �x'�Mer-e extensive site r-epfeseaztation may be agreed Architect at no cost to as an Additional S_..._ , as a_..__ 'b_a in S -_*_on ?.?.`the Owner. § 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are the Contractors' responsibility under the Contracts for Construction. The Architect shall not be responsible for the Contractors' schedules or failure to carry out the Work in accordance with the Contract Documents except insofar as such failure is directly caused by the Architect's acts and omissions. The Architect shall not be responsible for the performance by the Construction Manager of the services required by the Construction Manager's agreement with the Owner. The Architect shall not have control over or charge of acts or omissions of the Contractors, Subcontractors, or their agents or employees, or of any other persons performing services or portions of the Work. § 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. § 2.6.8 Communications by and with the Architect's consultants shall be through the Architect. § 2.6.9 Based on the Architect's observations and evaluations of each Contractor's Application for Payment, the Architect shall review and certify the amounts due the respective Contractors. § 2.6.9.1 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's observations at the site as provided in Section 2.6.5, on the recommendations of the Construction Manager and on the data comprising the Contractors' Applications for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. § 2.6.9.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 2.6.10 The Architect shall have authority, after notification to the Construction Manager, to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, 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. However, AIA Document 8141/CMarm — 1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 4 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:33:32 on 03/15/2004 under Order No.1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (1637508440) neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Construction Manager, Contractors, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. § 2.6.11 The Architect shall review and approve or take other appropriate action upon Contractors' submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Contractors' Work or in construction by the Owner'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 completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. § 2.6.12 The Architect shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Construction Manager for the Owner's approval and execution in accordance with the Contract Documents. § 2.6.13 The Architect may authorize minor changes in Work not involving an adjustment in a Contract Sum or an extension of a Contract Time which are not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order issued through the Construction Manager -.Manager as approved by the Owner. § 2.6.14 The Architect, assisted by the Construction Manager, shall conduct inspections 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 forward to the Owner warranties and similar submittals required by the Contract Documents which have been received from the Construction Manager. The Architect shall issue a final Project Certificate for Payment upon compliance with the requirements of the Contract Documents. § 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under the requirements of the Final Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall 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 from the Final Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractors, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. § 2.6.17 The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Final Contract Documents. § 2.6.18 The Architect shall render written decisions via electronic mail, fax, or hardcony within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractors relating to the execution or progress of the Work as provided in the Final Contract Documents. Owner- and geatfaetafs, e*eept fer- these relating to aesthefie effect as provided in Seefien 2.6.17, shall be subjest to afbitfafien as pfavided in this Agfeefflent and in the Contract Doeumen AIA Document 6141/CMaTM —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 5 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:33:32 on 03/15/2004 under Order No. 1000097457_1 which expires on 2/8/2005, and is not for resale. (1637508440) User Notes: ARTICLE 3 ADDITIONAL SERVICES § 3.1 GENERAL § 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Section 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. § 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES § 3.2.1 If more extensive representation at the site than is described in Section 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. § 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefore as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. § 3.2.3 Through the observations by such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. § 3.3 r__0_ NTIN(_ZrEi��oL_NT_ADDITIONA1 SERAGESCONTINGENT "OWNER APPROVED" ADDITIONAL SERVICES § 3.3.1 #i tg-When approved by Owner, making revisions in Drawings, Specifications, or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 requested by the Owner because the Construction Manager's estimate of Construction Cost exceeds the Owner's budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes or equipment; .3 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such doetifaents-7documents which are not included in the Basic Services; or .4 due to changes required as a result of the Owner's failure to render decisions in a timely manner. § 3.3.2 Providing services required because of Owner approved significant changes in the Project including, but not limited to, significant changes in size, quality, complexity, the Owner's or Construction Manager's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Section 5.2.3. § 3.3.3 Preparing Drawings, Specifications, and other documentation and supporting data, evaluating Contractor's pfepesals proposals if required and approved by the Owner, and providing other services in connection with Change Orders and Construction Change Direefi-veTDirectives not directly caused by the Architect's error and omission. § 3.3.4 Providing Owner Approved services in connection with evaluating substitutions proposed by Contractors and making subsequent revisions to Drawings, Specifications and other documentation resulting there from. AIA Document 8141/CM2'rm —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 6 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:33:32 on 03/15/2004 under Order No.1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (1637508440) .,,d f.,mishing .d .eeenneetion with the r-eplaeeme„r ofsu h Werk , § 3.3.6 Pr-eviding serviees made necessaFy by the ter-mination or- default of the Censtruetion Manager E)r- a Qffltfaeter-, by major defects or- deficieneies in the Werk ef a ' or- by failure of per-for-r-nanee of either the Owner- or CentF ..re under- a f'e..rF er fOF Gonstfuetion. 3.3.7 Pr-eviding ser-viees in evaleating an extensive numbeF of elaims subfr&ted by a GORtf-aetelF or- others in eonneetion with the \A @A § 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. § 3.3.9 Preparing daeuments for- alternate, sepafate or- sequential bids or- pr-eviding ser-viee.-s; in ese-nmeefien with § Z A 1 Weyi d:.,...,n lyses of the llwne.'s needs and „re ffam>.,:no_ rh •-e eta„ements of the h Dom., e..r § Z A 9 U,•e.,:.ding fiaaaeia4 feasibility a ether- s :al stu d:e' § 3.4 OPTIONAL ADDITIONAL SERVICES IF APPROVED BY OWNER § 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. § 3.4.4 Pr-eviding speeial s , , Faental studies and submissions required fer- appFevals of gover-fimental ..rhe,•;r;es a ethers ha-ving , s d:etion ever the Dre, § 3.4.5 Providing services relative to future facilities, systems and equipment. § 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. required : eerie..yiith .. nstF .etion per -F r-Hie.d and lied by the /1wae- § Z A 4n Pr-Oyiding estimates of (`. nstrueti.,., Celt § Z A X11 Pr-eviding detailed quantityinventor-ies of material and equipment. § 3.4.12 Providing analyses of owning and operating costs. § 3.4.13 PEOviding inier-ior- design and other- similaf sen,iees required feF or- in eonneetion with the seleetio-n-, § 3.4.14 Providing services for planning tenant or rental spaces. AIA Document 8141/CMaTM -1992. Copyright © 1992 by The American institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:33:32 on 03/15/2004 under Order No.1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (1637508440) § 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. § 3.4.16 Preparing a set of Fepr-edueible r-eeerd dr-awings showing signifieant ehanges in the Wer -k made during r.• r' based en 1. ,1r r~,+r.. dF nas and other- data f„ fished by Cen*r ete § 3.4.17 PFeviding assistanee in the utilization of equipment or- systenis sueh as testing, adjusfing and balaneing, dufing operation. § 3.4.18 Pr-eviding sefviees aftff issuanee to the Owner- of the fifial PF&jeet CeFtifieate for- Payment, er- in the absenee ef a final Pr-ejeet GeFtifieate fer- Payment, fnefe than 60 days after- the date ef Substantial Gempleiien of the Work. § 3.4.19 Providing services of consultants for other than ar-^'�� all Professional Services typicallyrequired in the performance of projects of thistie which include normal civil landscape and irrigation, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. § 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 The Owner shall provide €414 -information regarding requirements 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, systems, and site requirements. § 4.2 The Owner shall establish and update an overall budget for the Project based on consultation with the Construction Manager and the Architect, which shall include the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. § 4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. § 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 4.5 The Owner shall retain a eeas4uetien manager- Construction Manager to administer the Project. The Construction Manager's services, duties and responsibilities will be as described in the edition of AIA Document B801/CMa, Standard Form of Agreement Between Owner and Construction Manager, current as of the date of this Agreement. The Terms and Conditions of the Agreement between Owner and Construction Manager shall be furnished to the Architect and shall not be modified without written consent of the Architect, which consent shall not be unreasonably withheld. The Architect shall not be responsible for actions taken by the Construction Manager. § 4.6 The Owner shall €umish-retain the Architect to provide to the extent specified in the B-727 agreement between the Architect and the Owner, surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. AIA Document B141/CMaTM —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:33:32 on 03/15/2004 under Order No.1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (1637508440) § 4.7 The Owner shall retain the Architect to provide, to the extent specified in the B-727 agreement between the Architect and the Owner, the services of geotechnical engineers when such services are requested by the Architect Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, and ground eeFFesien and Fesistivity tests, ineluding tests. § 4.8 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. § 4.9 The Owner shall furnish all legal, accounting, and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Application for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. § 4.10 The services, information, surveys and reports required by Sections 4.6 through 4.9 shame are being furnished at the Owner's expensa expense to the extent specified in the B-727 aereement between the Architect , a4l be o.,.:t,oa to rely ,,pe and the aceur-a_., and completeness the fo„fnwner. § 4.11 Prompt written notice shall be given by the Owner to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. § 4.12 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. The Owner -Architect and Architect's Consultants shall not fequest-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 as expeditie via electronic mail fax or hardcopy in a reasonablyexpeditious manner as necessary for the orderly progress of the Architect's services and Work of the Contractors. § 4.14 The Owner shall furnish the Architect copies of written communications with the Construction Manager and Ge Contractors via electronic mail, fax, or hardcopy. ARTICLE 5 CONSTRUCTION COST § 5.1 DEFINITION § 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner- Owner, if any, and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractors' 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 during construction. Construction Cost shall also include the compensation of the Construction Manager and Construction Manager's consultants. § 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Sections 4.1 through 4.4 and 4.6 through 4.14. § 5.2 RESPONSIBILITY FOR CONSTRUCTION COST § 5.2.1 The Architect's review of the Owner's Project budget and of preliminary estimates of Construction Cost or detailed estimates of Construction Cost prepared by the Construction Manager is solely for the Architect's guidance in the Architect's preparation of the Construction Documents. Accordingly, the Architect cannot and does not AIA Document B141/CMaTM —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 9 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:33:32 on 03/15/2004 under Order No.1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (1637508440) warrant the accuracy of the estimates of the Construction Manager, or warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation reviewed by the Architect. The Architect will however, work with the Construction Manager Agent during the design and construction phases and take reasonable care and diligence to design the project to be in substantial conformance with the Owner's final Budget. § 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement. § 5.2.3 In the event that the Construction Manager's estimate or the lowest bona fide bid or negotiated proposal received by the Owner exceeds the Owner's budget for reasons other than those described in Section 3.3, the modification of Contract Documents shall be the limit of the Architect's responsibility. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS § 6.1 The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use selel- -with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these doeumentsdocuments. The Architect and Owner shall rico-retain all common law, statutory and other reserved rights, including the copyright. The Architect and Owner shall be permitted to retain hard copies, including reproducible eepies copies and electronic digital files, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Architect, Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with either party. § 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. AIA Document B141/CMaTM — 1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA'® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 10 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:33:32 on 03/15/2004 under Order No. 1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (1637508440) ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT § 8.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspeasiem-suspension as stated in this a> reement. When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. § 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandefied. abandoned (discontinued by the Owner). If the Project is abandoned (discontinued by the Owner) by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. § 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. § 8.5 If the Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of -and/or terminate services under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. § 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due afid ^" Te^"ination Expenses ^" defined in ceetion 8-7. which are dir-eedy aaFibutable te termination. TeFFP�natiofi Expenses shall be eemputed as a per-eentage of the total .3 Five pereent of the total eompeasation for Basie and Additional Ser-viees eamed te date if ter-mination oeeur-s dur-ing any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS § 9.1 Unless otherwise provided, this Agreement shall be governed by the law of the place where the Project is located. § 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager -Adviser Edition, current as of the date of this Agreement. § 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable federal, state, and local statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Project Certificate for Payment for acts or failures to act occurring after Substantial Completion. AIA Document B141/CMaTM —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 1 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:33:32 on 03/15/2004 under Order No.1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (1637508440) § 9.4 The Owner and Architect waive all rights against each other and against the Construction Manager, Contractors, and the consultants, agents and employees of any of them for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager -Adviser Edition, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their Construction Manager, Contractors, consultants, agents, and persons or entities awarded separate contracts administered under the Owner's own forces. § 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. § 9.6 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 9.7 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. In the event any of the aforementioned conditions become evident the Architect acknowledges the time involved for the Owner's responsibility to work through the remediation process. § 9.9 The Architect shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. Photographing or similar other uses of the facility by the Architect shall only be upon Owner's approval first. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promotional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT § 10.1 DIRECT PERSONNEL EXPENSE § 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. § 10.2 REIMBURSABLE EXPENSES § 10.2.1.1 Expense of tFanspeftation in cenneetion with the Pr-ejeet; exp 4efiwith authori7i-d Alit Af ' and fees paid �@r seetwing appr-avA ef authorities having jur-isdietion eveF the PFejeet § 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants in the interest of the Project, as identified in the following Clauses. The Architect will maintain and provide the Owner with a reimbursable expenses "Running Tally" report itemizing all reimbursable expenses on a monthly basis. § 10.2.1.2 Expense of reproductions, postage, express deliveries, electronic facsimile transmissions and handling of Drawings, Specifications and other documents. AIA Document B141/CMaTM —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 12 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:33:32 on 03/15/2004 under Order No.1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (1637508440) § 10.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. § 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. § 10.2.1.6 9�ipense of eemputeF aided design and dFafting equipment time when tised in Ganneetien with the . § 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES § 10.3.1 An initial payment as set forth in Section 11.1 is the minimum payment under this Agreement. § 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 11.2.2. § 10.3.3 If and to the extent that the time initially established in Section 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 11.3.2. § 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.2.2, based on (1) the lowest bona fide bids or negotiated proposals, or (2) if no such bids or proposals are received, the most recent estimate of Construction Cost prepared by the Construction Manager for such portions of the Project. § 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES § 10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. § 10.5 PAYMENTS WITHHELD § 10.5.1 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable. § 10.6 ARCHITECT'S ACCOUNTING RECORDS § 10.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: § 11.1 AN INITIAL PAYMENT of Zero Dollars And Zero Cents ($ 0.00) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. § 11.2 BASIC COMPENSATION § 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) Basis of compensation Phase(s) to which applicable 1. Stipulated sum of: Schematic Design One million, one hundred and five thousand Dollars Design Development ($1,011,300.00) based on the current anticipated construction Construction Documents budget of $13,000,000.00. Bidding and Negotiations (Fee includes $15,000.00 in anticipated travel expenses for Construction Administration AIA Document B141/CMaTm —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 13 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:33:32 on 03/15/2004 under Order No.1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (1637508440) MWL based on anticipated number of trips. The Architect will only invoice the City for the actual documented travel expenses incurred, however, if it is determined during the project course that the anticipated travel expenses are going to exceed the allotted amount the Owner will be notified so the necessary adjustment may be made.) 2. Stipulated sum of: Ten thousand five hundred Dollars ($10,500.00) for: 3. Stipulated sum of: Eighty six thousand Dollars ($86,000.00) for: 4. Stipulated sum of: Two hundred ten thousand Dollars ($210,000.00) for: CMA-RFQ Services Interior Design Services Contingency Expenses as necessary § 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Sche„ atie Design Physa• Schematic Design Phase: Design Development Phase: Design Development Phase: Genstmetion Documents Phase! Construction Documents Phase: Biddingor r Negotiation Phase: r,,nstr,,,.«:e„ Phase--. Construction Phase: Total Basic Compensation M -M f"A eighteen percent 18 yo� per-eent—E %4 twenty-two percent 22 Yol per-eent %,) thirty-four percent 34 f pmt E %4 four percent 4 °%) twentyLwo percent 22 pefeen! %4 one hundred percent( 100 %) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Section 3.2, compensation shall be computed as follows: (a) Principals' (Project Manager) time at the fixed rate of One Hundred Twenty Five Dollars ($125.00) per hour. (b) Supervisory (Project Architect/Senior Engineer) time at the fixed rate of One Hundred Ten Dollars ($110.00) 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. AIA Document 8141/CMaTM — 1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 14 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:33:32 on 03/15/2004 under Order No.1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (1637508440) § 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Section 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.) (a) Principals' (Project Manager) time at the fixed rate of One Hundred Twenty Five Dollars ($125.00) per hour. (b) Supervisory (Proiect Architect/Senior Engineer) time at the fixed rate of One Hundred Ten Dollars ($110.00) per hour. (c) Technical Level I (Quality Control) time at the fixed rate of Ninety Five Dollars ($95.00) per hour. (d) Technical Level II (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 one ( 1_0 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) § 11.4 REIMBURSABLE EXPENSES § 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Section 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one ( 1_0 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. § 11.5 ADDITIONAL PROVISIONS § 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within Thirty (36 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Sections 10.3.3 and 11.3.2. § 11.5.2 Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice. Afneunts unpaid ( ) Elays after- the invoice Elate shall bear- interest at the r-a4e entered below, or- in the absenee thereof at thee legal Y r 'ling f em time to t:..,e .,t the 'r ral pl of business of the A r-eh:teet r'� (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation, and insert modifications to the payment and compensation terms included in this Agreement.) AIA Document 8141/CMaTM —1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 15 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:33:32 on 03/15/2004 under Order No. 1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (1637508440) I . The Architect will be responsible for Interior Design Services 2. Prior to the Schematic Design Phase the Architect will assist the Owner in developing a request for qualifications (RFQ) for the construction manager -agent for the project, and assist the Owner in the selection process of the construction manager -agent. This Agreement entered into as of the day and year first writter OWNER (Signature) Mr. Andy Wambsganss, Mayor City of Southlake (Printed name and title) RPGA Design Group, Inc. (Printed name and title) AIA Document 8141/CMaTM — 1992. Copyright © 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 16 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:33:32 on 03/15/2004 under Order No. 1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (1637508440) Certification of Document's Authenticity AIA® Document D401 TM —2003 I, Robert P. Garza, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 16:33:32 on 03/15/2004 under Order No. 1000097457_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA° Document B 141/CMaTM — 1992 - Standard Form of Agreement Between Owner and Architect . where the Construction Manager is NOT a Constructor, as published by the AIA in its software, other than changes showached final docunnt by underscoring added text and striking over deleted text. (Title) so (Dated) AIA Document D401 TM — 2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:33:32 on 03/15/2004 under Order No. 1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (1637508440) -.lin,wAIA TM Document B352 -2000 Duties, Responsibilities and Limitations of Authority of the Architect's Project Representative Recommended as a Reference Document when an Architect's Project Representative is Employed for the following PROJECT: (Name and location or address): City of Southlake Department of Public Safety Facility Southlake, Texas Approximately 12 acres at the northeast corner of East Dove Road and North White Chapel Road. THE OWNER: (Name and address): Mr. Andy Wambsganss, Mayor City_of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 THE ARCHITECT: (Name and address): RPGA Design Group, Inc., General Corporation 101 S. Jennings Avenue Suite 100 Fort Worth, Texas 76104 1. GENERAL § 1.1 The Architect's Project Representative shall be stationed at the site at intervals agreed upon by the parties to the Contract and shall be responsible for assisting the Architect in the administration of the Contract. The rights, responsibilities and obligations of the Architect as described in the Owner -Architect Agreement shall not be modified by the furnishing of such Project Representative. § 1.2 Communications by the Architect's Project Representative relating to administration of the Contract shall, in general, be restricted to the Architect and Contractor. The Project Representative shall communicate with the Owner and Contractor under the direction of the Architect and with the Architect's full knowledge. The Project Representative shall not communicate with Subcontractors or material suppliers except with the full knowledge and approval of the Contractor and Architect. 2. DUTIES AND RESPONSIBILITIES The Project Representative shall: § 2.1 Perform on-site observations of the progress and quality of the Work as may be reasonably necessary to determine, in general, if the Work is being performed in a manner indicating that the Work when completed will be in conformance with the Contract Documents. Notify the Architect if, in the Project Representative's opinion, Work does not conform to the Contract Documents or requires special inspection or testing. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B352TM — 2000. Copyright © 1963, 1982, 1993 and 2000 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:43:42 on 03/15/2004 under Order No.1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (49269721) § 2.2 Monitor the Contractor's construction schedules on an ongoing basis and alert the Architect to conditions that may lead to delays in completion of the Work. § 2.3 Receive and respond to requests from the Contractor for information and, when authorized by the Architect, provide interpretations of the Contract Documents. § 2.4 Receive and review requests for changes by the Contractor, and submit them, together with recommendations, to the Architect. If they are accepted, prepare Architect's Supplemental Instructions, incorporating the Architect's Modifications to the Contract Documents. § 2.5 Attend meetings as directed by the Architect and report to the Architect on the proceedings. § 2.6 Observe tests required by the Contract Documents. Record and report to the Architect on test procedures, test results and verify testing invoices to be paid by the Owner. § 2.7 Maintain records at the construction site in an orderly manner, including correspondence, Contract Documents, Change Orders, Construction Change Directives, reports of site meetings, Shop Drawings, Product Data and similar submittals; supplementary drawings, color schedules and requests for payment; and names, addresses and telephone numbers of the Contractors, Subcontractors and principal material suppliers. § 2.8 Maintain a log book of activities at the site, including weather conditions, nature and location of Work being performed, verbal instructions and interpretations given to the Contractor, and specific observations. Record any occurrence or Work that might result in a claim for a change in Contract Sum or Contract Time. Maintain a list of visitors, their titles, and time and purpose of their visit. § 2.9 Assist the Architect in reviewing Shop Drawings, Product Data and Samples. Notify the Architect if any portion of the Work requiring Shop Drawings, Product Data or Samples is commenced before such submittals have been approved by the Architect. Receive and log Samples required at the site, notify the Architect when they are ready for examination, record the Architect's approval or other action and maintain custody of approved Samples. § 2.10 Review the Contractor's record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications at intervals appropriate to the stage of construction and notify the Architect of any apparent failure by the Contractor to maintain up-to-date records. § 2.11 Review Applications for Payment and forward to the Architect with recommendations for disposition. § 2.12 Review the list of items to be completed or corrected which is submitted by the Contractor with a request for issuance of a Certificate of Substantial Completion. Review the Work. If the list is accurate, forward it to the Architect for final disposition; if not, so advise the Architect and return the list to the Contractor for correction. § 2.13 Assist the Architect in conducting inspections to determine the date or dates of Substantial Completion and the date of final completion. § 2.14 Assist the Architect in receipt and transmittal to the Owner of documentation required of the Contractor at completion of the Work. 3. LIMITATIONS OF AUTHORITY The Architect's Project Representative shall not exceed the authority of the Architect under the Owner -Architect Agreement. : The Project Representative shall NOT: § 3.1 Authorize deviations from the Contract Documents. § 3.2 Approve substitute materials or equipment except as authorized in writing by the Architect. AIA Document B352TM" — 2000. Copyright © 1963, 1962, 1993 and 2000 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:43:42 on 03/15/2004 under Order No. 1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (49269721) § 3.3 Personally conduct or participate in tests or third party inspections except as authorized in writing by the Architect. § 3.4 Assume any of the responsibilities of the Contractor's superintendent or of Subcontractors. § 3.5 Expedite the Work for the Contractor. § 3.6 Have control over or charge of or be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. § 3.7 Authorize or suggest that the Owner occupy the Project in whole or in part. § 3.8 Issue a Certificate for Payment or Certificate of Substantial Completion. § 3.9 Prepare or certify the preparation of a record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications. § 3.10 Reject Work or require special inspection or testing except as authorized in writing by the Architect. § 3.11 Accept, distribute or transmit submittals made by the Contractor that are not required by the Contract Documents. § 3.12 Order the Contractor to stop the Work or any portion thereof. AIA Document B352TM — 2000. Copyright © 1963, 1982, 1993 and 2000 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:43:42 on 03/15/2004 under Order No.1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (49269721) Certification of Document's Authenticity AM@ Document D401 TM —2003 1, Robert P. Garza, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 16:43:42 on 03/15/2004 under Order No. 1000097457_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B352TM — 2000 - Duties, Responsibilities and Limitations of Authority of the Architect's Project Representative Recommended as a Reference Document when an Architect's Project Representative is Employed, as published by the AIA in its software, other than changes shown in the attached final document bvander scorin2 added text anwstrikin2 over deleted text. (Signed) ow ar Mp (Dated) AIA Document D401 TM — 2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:43:42 on 03/15/2004 under Order No. 1000097457_1 which expires on 2/8/2005, and is not for resale. User Notes: (49269721) R P G A D E S I G N G R O U P, I N C. CITY OF SOUTHLAKE - DEPARTMENT OF PUBLIC SAFETY Architectural/Engineering Fees Breakdown March 16, 2004" - RPGA Design Group, Inc. 1 of 6 B727-CMa AGREEMENT SITE ASSESSMENT PHASE SERVICES - B727-CMa Boundary, Topographic, and Tree Surveying $15,000.00 Cheatham & Associates 136 17 Geotechnical Soils Report $15,000.00 Cheatham & Associates 136 17 ETI TOTAL SITE ASSESSMENT PHASE SERVICES $30,000.00 272 34 - 0.23% PRE -DESIGN PHASE SERVICES - B727-Cma Establish Goals $3,650.00 MWL/RPGA 33 4 Develop Detailed Needs Assessment and Validation $43,800.00 MWL/RPGA 398 50 Develop Space Program Analysis $8,030.00 MWL/RPGA 73 9 Develop Relationship Diagrams $8,030.00 MWL/RPGA 73 9 Develop and Update Budget/Verification $5,840.00 MWL/RPGA 53 7 Finalize and Document $3,650.00 MWL/RPGA 33 4 MWL Travel Expenses To/From Phoenix $10,000.00 MWL TOTAL PRE -DESIGN PHASE SERVICES $83,000.00 663 L:—_—:::::-831 0.64% RPGA Design Group, Inc. 1 of 6 B141-CMa AGREEMENT BASIC DESIGN PHASE SERVICES - B141-CMa Schematic Design --- ---- Civil Engineer Site Plans Landscape and Irrigation Site Plans MEP Engineer Site Plan $18,900.00 Cheatham &Associates _ _� - $4,680.00 Ryba Landscape Arch.— $5,400.00 Telios P.C. 172 21 1—� 43 5L___ 49 6 t- ---_— --- � Architectural Site Plan 672.00 MWL/RPGA $16, _ � 152 199_ 20 Structural Engineer Floor Plans Architectural Floor Plans — $17,280.00 Accutech Consultants $38,903.00 RPGA/MWL 157• 354 44 — MEP Engineer Floorplans _ _ $21,600.00 Telios P.C. 196 25 Architectural Elevations $38,903.00 RPGA/MWL _ RPGA/MWL 354 _ 4�4�' 51 6 Design Review Meetings $5,558.00 1 — Revise Plans and Elevations $8,892.00 TEAM 81 Assist in Cost Estimating_ _ $2,222.00 RPGA/MWL 20 3 MWL Travel Expenses To/From Phoenix $2,700.00 MWL 25 3 SubTotal: 18% r $181,710.00 1652 206 Design Development 26 Develop Civil Engineer Site Plans _ $23,100.00 Cheatham & Associates 210 Develop Landscape and Irrigation Site Plans Develop MEP Engineer Site Plan $5,720.00 Ryba Landscape Arch. _ $6,600.00 Telios P.C._ — 52 7 I 60 8 Architectural Site Plan $13,585.00 RPGA/MWL 124 _ 15 _Develop _ I_ Develop Structural Engineer Floor Plans$21,120.00 _- Accutech Consultants 192 — 24 _� _Develop Architectural Floor Plans Develop MEP Engineer Floor Plans _ $33,962.001 RPGA/MWL $26,400.00 Telios P.C. 309' 3 2401 30 Develop Architectural Elevations Design Details _ _ _ $33,962.00 — RPGA/MWL $20,377.00I RPGA/MWL _ 309 39 185 23 Develop Architectural — Develop_ Specifications Outline _ Review Meetings _ _� _ $13,586.00 RPGA/MWL $6,792.00 RPGA/MWL 124 _ 15 621— 8 - —Design Revise Plans, Elevations, and Specifications _ $10,868.00 TEAM _ 99% 12 _ _ RPGA/MWL 25 31 Assist CMA in Development of Cost Estimate $2,718.00_ _ _ MWL Travel Expenses To/From Phoenix $3,300.00_ MWL 301 41 SubTotal: 22% $222,090.00 - 20191 252! _— I Construction Documentation RPGA Design Group, Inc. 2 of 6 March 16, 2004 RPGA Design Group, Inc. 3 of 6 Develop 50% CD Civil Engineer Site Plans and Detailsr$177,850-00111 Irrigation Site Plans Detai Cheatham & AsDevelop Ryba Landscape Arch. 40 5 50% CD Landscape and and Develop 50% CD MEP Engineer Site Plan and Details $511 00.0wi Telios P.C. 46 6, 12 Develop 50% CD Architectural Site Plan and Details $10,498.00 RPGA/MWL _ 95 i Develop 50% CD Structural Engineer Floor Plans and Details Develop 50% CD Architectural Floor Plans and Details $16,320.00 Accutech Consultants $26,244.001 RPGA/MWL 148, 239 1919 _ _-Develop 50% CD MEP Floor Plans and Details _ $20,400.00 RPGA/MWL RPGA/MWL 185 239 — 231 _ 30 _ 1 Develop 50% CD Architectural Elevations and Details Develop 50% Architectural Design Details $26,244.00 _ $15,746.00 _ RPGA/MWL _ 143 18 _ Develop 50% CD Specifications $10,497.00 RPGA/MWL 95 121 _ - _— 50% CD Design Review Meetings $5,248.00 RPGA/MWL 48 6 i Revise Plans, Elevations, and Specifications $8,398.00 TEAM _ 76 10 3, _ Assist CMA in Development 50% CD Cost Estimate $3,000.00 RPGA/MWL- 271 r Develop 100% CD Civil Engineer Site Plans and Details $17,850.00 Cheatham & Associates 162 2020 Develop 100% CD Landscape and Irrigation Site Plans and Details $4,420.00 Ryba Landscape Arch. 40 51 _ Develop 100% CD MEP Engineer Site Plan and Details $5,100.001 Telios P.C. 46 6 _ Develop 100% CD Architectural Site Plan and Details $10,498.00 RPGA/MWL 95 12 — _ — 100% CD Structural Engineer Floor Plans and Details $16,320.00 Accutech Consultants — 148 19 _Develop Develop 100% CD Architectural Floor Plans and Details Develop 100% CD MEP Floor Plans and Details $26,244.00 $20,400.00 RPGA/MWL RPGA/MWL 239 185 30______ 23 _ RPGA/MWL 239 30 Develop 100% CD Architectural Elevations and Details $26,244.00 Develop 100% Architectural Design Details — $15,746.00 RPGA/MWL 143 18 L Develop 100% CD Specifications _ 100% CD Design Review Meetings $10,497.00 RPGA/MWL RPGA/MWL 95 48 12 6 Revise Plans, Elevations, and Specifications Assist CMA in Development 100% CD Cost Estimate _$5,248.00 $8,398.00 $3,000.00 TEAM RPGA/MWL 76 27 10 3 _ MWL Travel Expenses To/From Phoenix - - --- $5,100.00 MWL 1 —_ SubTotal: 34% $345,030.00 3090 386 - I - Final Bidding _ _ _ $18,000.0 RPGA� 164 -------, 20 IL Bid Document Printing_ - - ------ -- -- — --- 48 _ — 6 --- Release for Bids �- $5,280.00 RPGA ds Review S $ 10,250.00 RPGA/CMA i 91 12i Selection and Awarding of Contracts 1 Assist in $6,250.00! RPGA/CMA _ r MWL Travel Expenses To/From Phoenix $600.00 MWL SubTotal: 4% $40,380.00 3671 461 RPGA Design Group, Inc. 3 of 6 16,2004- Construction 6,2004 Construction I-� Construction Administration $166,568.001 TEAM 1514 189 Civil Engineer Construction Surveying and Staking $25,000.001 Cheatham & Associates 227 28 Punch List _ _ $12,500.00; _ RPGA/MWL 114 14 Furniture Installation _ $7,361.00 _ RPGA _ 61 8 Owner Move In _ $7,361.00 RPGA 67 8 MWL Travel Expenses To/From Phoenix $3,300.00 MWL -- ubTotal: 22% ------ $222,090.00 S TOTAL BASICDESIGNPHASE SERVICES $1,011,300.00 9194 11491 7.78% RPGA Design Group, Inc. 4 of 6 REQUESTED SUPPLEMENTARY SERVICES REQUESTED (:;MA-RFQ) PHASE SERVICES - B141-CMa Construction Manager Agent FQ Assist Owner in writing RFQ for CMA Assist Owner in Short -List of CMA $5,000.00 RPGA 40 5 $3,000.00 RPGA 24 3 Assist Owner in Interview of CMA $1,500.00 RPGA 12 2— Assist Owner in Final Selection of CMA $1,000.00, RPGA -- 8 1 TOTAL CMA-RFQ PHASE SERVICES r $110,51 84 11 0. 0 E/:. 1 ] REQUESTED (INTERIOR DESIGN) SERVICES - B141-CMa Schematic Design Propose Interior Detailing and Design - Interior Design $7,260—.0-0 --W-GA --66 8' Propose Material and Finish Selections - Interior Design $9,075.00 RPGA 83 10 Propose Furniture Scheme Styles - Interior Design $7,500.00 RPGA 68 9 Design Development Develop Proposed Interior Detailing and Design - Interior Design $7,260.00 RPGA --- 66 8 Develop Proposed Material and Finish Selections - Interior Design $9,075.00 RPGA 83 10 Develop Proposed Furniture Scheme Styles - Interior Design $7,500.00 RPGA 68 9 Construction Documentation Develop 50% CD Interior Detailing and Design - Interior Design $3,740.00 RPGA 34 4 Develop 50% CD Material and Finish Selections - Interior Design $4,675.00 RPGA 43 5 Develop 50% CD Furniture Scheme Styles - Interior Design $4,750.00 RPGA 43 5 Develop 100% CD Interior Detailing and Design - Interior Design Develop 100% CD Material and Finish Selections - Interior Design Develop 100% CD Furniture Scheme Styles - Interior Design $3,740.00 RPGA $4,675.00 RPGA $4,750.00 RPGA 34 4 43 5 43 5 Bidding --Assist in the Biddingofthe —FF&E —+59— 71 Construction I �__ _Assist in the Purchasing and Procurement of the F—&E $5,500.00 RPGA 50! ---- -- TOTAL INTERIOR DESIGN SERVICES $86,000.001 109 0.663/16 RPGA Design Group, Inc. 5 of 6 ESTIMATED CONTINGENCY EXPENSES General A/E Design Contingency +/- 5% _ — - Anticipated Reimbursable Expenses $55,000.00 TEAM $90 000.00 TEAM — ! _ 500 818 —f — 63 0— 102y � .— — -- --- _ Final Color Perspective Renderings Finish Model —� — $5,000.00 RPGA - —_ ; $20,000.00 ??? ----45 _ 182 r --- 61, 23 - — i LEED Input and Management for Certification _ _ — � $40,000.00 TEAM 4 — _ _ 364 45� _TOTAL ANTICIPATED CONTINGENCY EXPENSES $210,000.00 1909 239 1.62% RPGA Design Group, Inc. 6 of 6