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Item 4E
CITY OF SOUTHLAK MEMORANDUM July 31, 2013 To: Shana Yelverton, City Manager From: Chris Tribble, Director of Community Services 4E-1 Subject: Approve Architectural/Engineering Design Services Agreement with Barker Rinker Seacat Architecture for the Community Recreation Center Project in the amount of $3,248,088 Action Requested: Approve an agreement with Barker Rinker Seacat Architecture (BRS) for architectural/engineering design services for the Community Recreation Center in the amount of $3,248,088. Background Information: As per the direction from the City Council on June 11, 2013, staff has developed the architectural/engineering design services agreement with Barker Rinker Seacat Architecture for the Community Recreation Center for City Council consideration. As you recall, the City began work with BRS in February 2010 on the feasibility study for a multipurpose community facility. Following the feasibility study, BRS developed the current approved concept plan for the Community Recreation Center to be located at Bicentennial Park. The scope of services within the agreement includes: • Schematic Design (Phases 1 & 2) • Design Development (Phases 1 & 2) • Construction Documents (Phases 1 & 2) • Construction Administration (Phase 1) Phase 2 Construction Administration services will be considered at a later date as directed by the City Council. The design will be developed to allow for construction of the project in two phases with the community/senior center City of South/ake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 4E - 2 Shana Yelverton, City Manager Meeting Date —August 6, 2013 Page 2 of 3 components in the first phase, followed by the recreation/fitness/aquatics components in the second phase. The current anticipated design and construction schedule for the project is as follows: August 2013 — July 2014 Design (Phases 1 & 2) August 2014 — August 2015 Construction (Phase 1) May 2015 Anticipated Election August 2015 — November 2016 Construction (Phase 2) The proposed fee for architectural/engineering design services is $3,248,088. Financial Consideration: To date, a total of $11,500,000 has been allocated within the General Fund ($10,500,000) and SPDC ($1,500,000) CIP for the Community Recreation Center project. Current available funding totals $11,209,234. Strategic Link: This item is linked to the City's Strategy Map related to the focus areas of Quality Development and Infrastructure and meets the corporate objectives to Invest to Provide & Maintain High -Quality Public Assets and to Provide Attractive & Unique Spaces for the Enjoyment of Personal Interests. Citizen Input/ Board Review: SPDC recommendation August 5, 2013 City Council consideration August 6, 2013 Legal Review: Agreement has been reviewed and recommended by City Attorney Alternatives: Alternatives may include: ■ Approve agreement as presented ■ Approve agreement with input as desired ■ Decision not to approve agreement Supporting Documents: Architectural/Engineering Design Services Agreement City of South/ake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 4E - 3 Shana Yelverton, City Manager Meeting Date —August 6, 2013 Page 3 of 3 Staff Recommendation: City Council approval of an architectural/engineering design services agreement for the Community Recreation Center with Barker Rinker Seacat Architecture in the amount of $3,248,088. City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork PROPOSAL AND CONSULTING TEAM QUALIFICATIONS SOUTMLAKE COMMUNIT RECREATION CENTER 4E - 5 BARKER RINKER SEACAT ARCHITECTURE 4= July 31, 2013 Mr. Chris Tribble, Director of Community Services City of Southlake 1400 Main St., Suite 210 Southlake, TX 76092 Subject: Southlake Community Recreation Center Architectural/Engineering (A/E) Design Proposal and Agreement Dear Chris, We are pleased to submit our fee proposal and architectural/engineering design agreement for the Southlake Community Recreation Center project. As the City of Southlake has instructed, Barker Rinker Seacat Architecture (BRS) and our consultants intend to carry forward the current concept design (attached) into the schematic design (SD), design development (DD), and construction documents (CD). Only phase 1 Senior Center will go into bidding and contract/ construction administration (CA) phases. In addition to the AIA B-101 agreement, we have included exhibits which summarize our project schedule, reimbursable expenses and fee breakdown. We have assembled our fee proposal in "Exhibit A: Architectural & Engineering Services Fee Allocation." A summary is as follows: • A/E Services (SD -CD approx. 105,200 SF and BN/CA approx. 20,500 SF): $3,122,282 • Reimbursable Expense Budget (SD -CA): $ 125,806 Total Fees and Expenses $3,248,088 The timeline has been established to show a contract execution by August 20, 2013 and schematic design phase beginning August 7, 2013. We anticipate BRS travel to Southlake to include the following: • Schematic Design: 3 trips • Design Development: 3 trips • Construction Documents: 3 trips • Construction Administration/Punch List/Grand Opening: 8 trips (In addition, architect Kip Jameson will represent BRS on up to 50 weekly Owner -Architect -Contractor (OAC) meetings) • Post Occupancy: 1 trip(s) We look forward to a successful project. Once you have reviewed, please sign two (2) copies and return one to BRS. Please contact us with any questions. Respectfully submitted, Steve Blackburn, AIA, LEED AP, Principal Texas Architect #16579 3457 Ringsby Court, Unit 200 Denver, Colorado 80216 303-455-1366 Fax 303-455-7457 4Jme2n, AIA, Senior Project Manager Texas Architect #10291 Toll Free 866-646-1980 www.brsarch.com 4E - 6 r; '71777 1777177 1 f 1 T 13 7 T t r 0 0 4E - 7 A),,,A1A TMDocument B101 - 2007 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the day of in the year (In uvrds, indicate day, month and year.) BETWEEN the Architect's client identified as the Owner: ADDITIONS AND DELETIONS: (Name, legal status, address and other information) The author of this document has added information needed for its completion. The author may also City of Southlake ty have revised the text of the original 1400 Main Street AIA standard form. An Additions and Suite 210 Deletions Report that notes added Southlake, TX 76092 information as well as revisions to the Telephone Number: 817.748.8021 standard form text is available from the author and should be reviewed. A vertical line in the left margin of this and the Architect: document indicates where the author (Name, legal status, address and other information) has added necessary information and where the author has added to or Barker Rinker Seacat Architecture, P.C., Subchapter S Corporation deleted from the original Al text. 3457 Ringsby Court This document has important legal Unit 200 consequences, Consultation with an Deaver, CO 80216 attorney is encouraged with respect Telephone Number: 303.455.1366 to its completion or modification, Fax Number: 303.455.7457 for the following Project: (Name, location and detailed description) Southlake Community Recreation Center The project is located at the southwest parcel of BiCentennial Park at 450 W. Southlake Blvd., Southlake, TX. The Southlake Community Recreation Center is a two-story, I05,200 s.f. building including a Phase 120,500 s.f senior center. A Phase 2 73,200 s.f. recreation center and 11,500 s.f. aquatic center includes the following spaces: lobby, club lounge, childwatch early learning, indoor playground, gymnasium and turf training, elevated walk/jog track, locker rooms ,family changing cabanas, walk/jog track., parry rooms, group exercise rooms, aerobic/dance studio, weights and fitness, indoor leisure pool, community room/events hall, gal Ieria pre -function space, classrooms, catering kitchen, arts and era fis, game room, aerobics dance studio, group fitness classroom, personal wellness studios, administrative offices, and building support areas. The Owner and Architect agree as follows. AIA Document 01©1""' — 2007 formerly B1511-1997). Copyright @ 1974, 1978. 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution o! � this AIAs document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA software at 10:33:06 on 07/3112013 under Order N o. 6438998984_1 which expires on 0810112014. and is nut for resale. User Notes: (879978318) 4E - 8 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibit A, Initial Information: (Complete Exhibit A, Initial Information, and incorporate it into the Agreement at Section 13.2, or state below Initial Information such as details of the Project's site andprogram, Owner's contractors and consultants, Architect's consultants, Owner's budget for the Cost of the Work, authorized representatives, anticipated procurement method, and other information relevant to the Project.) A total project budget has been set of $13,000,000 (Phase 1) and $31,600,000 (Phase 2) to include building construction, site construction, owner's contingency, architectural and engineering services, development costs and equipping the building. BRS's conceptual design dated June 3, 2013 identified a building of 105,200 s.f and this agreement is based on this design. § 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: August 2014 (Phase 1) August 2015 (Phase 2, assumes approval of May 2015 election - N.I.C.) .2 Substantial Completion date: August 2015 (Phase 1, 12 months) November 2016 (Phase 2, 16 months - N.I.C.) AIA Document 13101 m — 2007 formerly B151 TM — 1997). Copyright© 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 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 t the law. This document was produced by AIA software at 14:34:55 on 07131 /2013 under Order No.6438998984_1 which expires on 08/0112014, and is not for resale. User Notes: (1146698097) 4E - 9 § 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately ad -Just the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILMIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. Architect designates Ken Berendt, Principal and Kip Jameson, Project Manager as Architect's Representatives for all matters for the Architect under this Agreement and with respect to the Services to be performed by Architect for Owner. Architect's Representative shall be available to Owner at all reasonable times for consultation with Owner's Representatives. Owner may conclusively rely on the decisions made by Architect's Representatives, including those which modify this Agreement. Either party may change its Representative(s) under this agreement by giving written notice to the other party. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost: (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any) .1 General Liability Each Occurrence $1,000,000 min, Damage to Premises $ 300,000 min. General Aggregate $2,000.000 min. .2 Automobile Liability Combined Single Limit $1,000,000 min. .3 Workers' Compensation Each Accident $ 100,000 min. Each Employee $ 100,000 min. Policy Limit $ 500.000 rein. .4 Professional Liability Each Claim $1,000,000 min. Aggregate $1,000,000 min. AIA Document 91011" — 2007 formerly B151 TM—19971. Copyright® 1974, 1970, 1987, 1997 and 2007 by The American institute of Architects. All rights !nit. reserved. WARNING: This AlA� Document is protected by U.S. Copyright Law and lnternatlonal Treat les. Unauthorized reproduction or distribution of this A10 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the taw. This document was produced byAIA software at 10!33:06 on 07/31/2013 under Order No.5438998984_1 which expires on 0810112014, and is not for resafe. User Notes: (879978318) 4E-10 ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shalt include allowances for periods of time required for the: Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project, Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.6 The Architect shall assist the. Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1 ) any inconsistencies discovered in the infonnation, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's written approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations. and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. AIA Document B1011— 2007 formerly 0151 TO —1997). Copyrlghl (D1974, 1976,1987, 1997 and 2007 by The American Institute of.Archltects. All rights Init. reserved. WARNING: This A]A� Document Is protected by U.S. Copyright Law and IntemaRional Treaties. Unauthorized repmduGdon or distrihution of 4 this AIA° Document, or ahy portion of It, may result In severe clvH and crtmInaI penalties, and will be prosecuted to the maximum extent posslbte under the law. This document was produced byAlA software at 10:33M on 0713M013 under Order No, 8438998984_1 which expires on 08/0112014. and is not for resale. User Notes: (879978318) 4E-11 § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval in writing. § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner's written approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's written approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work. § 3.3.3 The Architect shall submit the Design Development documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval in writing. § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner's written approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. § 3.4.4 The Architect shall review the construction manager's estimate for the Cost of the Work. § 3.4.5 The Architect shalt submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval in writing. Init. AIA Document 61 t11 � - 2007 (formerly B151'"'—1997). Copyright 1974. 1978. 1987, 1997 and 2007 by The American institute of ,Architects. All rights reserved. WARNING- This A] A" Document is protected by US. Copyright Law and International Treaties. Unauthorized reproduction ar dIstrlhAon of 5 this AIA® Document, or any portion *fit, 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 Al software at 10:33:08 on 07)3112013 under Order No.6438998984_1 which expires on 0810112014, end is not for resale. User Notes: (879978318) 4E-12 § 3.5 BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL If required, the Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in ( 1) obtaining a negotiated proposal; (2) confirming responsiveness of proposals; (3) determining the successful proposal, if any; and, (4) awarding and preparing contracts for construction. (Paragraphs deleted) § 3.5.3 NEGOTIATED PROPOSALS § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by 1 procuring the reproduction of Proposal Documents for distribution to prospective contractors, and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; and .3 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 CONSTRUCTION PHASE SERVICES § 3.6.1 GENERAL § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201T`42007, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201-2007, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the fins] Certificate for Payment. § 3.6.2 EVALUATIONS OF THE WORK § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, AiII be in accordance with the Contract Documents. However, the Architect shall not be regwred to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the mast recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisabie, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated. installed or completed. However, neither th-Is authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, AIA Document 81 01T"' - 2007 formerly B1511 - 1997). Copyright 1974, 1978. 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING-. This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction ar distribution of 6 this A] e ❑ocument, or any portion of it, may result in severe civil and criminal penalties, and wIII be prosecuted to the maximum extent possible under the law This document was produced byA[A software at 10:33.06 on 07/31/2013 under Order No.6438996984_1 which expires on 019M12014, and is not for resale. User Notes: (879976318) 4E-13 Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Owner's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and 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. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 SUBMITTALS § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect -approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility, The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor AIA Document Bi 01 Tm — 2007 formerly 13151 T"'-1997). Copyright©1974, 1978. 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 this Ale 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 14:34:55 on 07131/2013 under Order No.6438998984_1 which expires on 08/0112014, and is not for resale. User Notes: (1146698097) 4E-14 that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely Upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 CHANGES IN THE WORK § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3,6.5.2 The Architect shall maintain records relative to changes in the Work. § 3,6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness ofthe list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but maybe required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Arch itect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached eahibit. If in an exhibit, identify the exhibit.) AIA Document 8101 TM— 2007 formerly B1511-1997). CopyrightQ 1974. 1970, 1987. 1997 and 2d07 by The American Institute of.Archltects. All rights Init reserved. WARNING: This AiA� Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ate Document, or any portion of it, may result in severe civil and criminal penaltles, and wlII be prosecuted to the maximum extent possibia under i the law. This document was produced by AIA software at 10:33!06 on 07131J2013 under Order No Z438 9989941 which expires on 06101/2014, and is not for resale. User Notes: (679978316) 4E-15 Additional Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified below) 4.1.1 Programming Owner Complete 4.11 Multi lc preliminary designs Architect Proposal upon request 4.1.3 pleasured drawings Not Provided Pro osal upon request 4.1.4 Existirig. facilities surveys Owner 4.1.6 Site Evaluation and Planning Included In base scope of service 4.1.6 Building information modeling Included In base scope of service (how deleted) 4.1.7 Civil engincering Included In base scope of service § 4.1.8 Landscape design Included In base scope of service 4.1.9 Architectural Interior Design Included In base scope of service 4.1.10 Value Analysis (B204Tm-2007) Architect Proposal upon request 4.1,11 Detailed cost estimating Not Provided See C'MR candidates 4.1.12 On -site project representation Not Provided NIA (Row deleted) 4.1.13 Conformed construction documents Not Provided NIA 4.1.14 As-Desi ned Record drawings Not Provided NIA 4.1.15 As -Constructed Record drawin s Architect In basic scope of service 4.1.16 Post occupancy evaluation Architect Proposal upon request 4.1.17 Facility Support Services B2IOTm-2007 Not Provided NIA 4.1.18 Tenant -related services Not Provided NIA 4.1.19 Coordination of Owner's consultants Not Provided NIA 4.1,20 Telecommunications/data design Architect In basic scope of service 4.1.21 Security Evaluation and Planning Architect In basic scope of service 4.1.22 Commissioning Architect In basic scope of service 4.1.23 Extensive environmentally responsible design Architect In basic scope of service 4.1.24 LEED'"' Certification ($214TM 2007) Architect Proposal upon request 4.1.25 Fast -track design services Architect Proposal upon re uesi 4.1.26 Ffiistoric Preservation (B205T'" 2007) NIA NIA 4.1.27 Furniture, Furnishings, and Equipment Design Included In base scope of service 4.1.28 Signage and Environmental Design Included In base scope of service 4.1.29 Acoustical and AV Design Included In base scope of service § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. Civil Scope Site and utility design including: 1. A site topographical survey will be provided by the Owner. 2. All work 5'-0" outside the building perimeter (work within this perimeter is by other disciplines) to a point within the property line (for utility connections —assume no changes are required outside the property line). 3. Structure placementllocation-horizontal and vertical control. 4. Confirmation of location, size and adequacy of utilities serving site. 5. Design water, Ere loop and hydrants, sanitary sewer, storm water system, gas main to meter and electrical transformer. b. Design site drainage and storm water system including piping and (retention structures if required). 7. Design and documentation of erosion control strategy as required by the project. 8. Coordination of re-routed utilities on site including gas, electrical, telephone and CATV as needed. 9. Coordination with utilities and districts for project approvals, including any required permitting documents. loll AIA Document 6101T"' — 2007 �formeriy 8151T"'—199a1. Copyright @ 1974, 1978, 1987, 1997 and 2007 t]yThe American Institute of Architects. AIi rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthoriled reproduction or distribution of this Al a Document, or any portion of it, may result in severe civil and criminal penatties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software a,11:28:31 an 07/31/2413 under Order No.6438998984_1 which expires on Q81C IM14, and is not far resale. User Notes: (1211255376) 4E-16 9. Coordination of re-routed utilities on site including gas, electrical, telephone and CATV as needed. 9. Coordination with utilities and districts for project approvals, including any required permitting documents. 10. Produce final grading plans based on conceptual grading plan provided by Landscape Consultant. 11. Location of retaining walls and surface improvements (including location of high walls designed by Structural Consultant). 12. Drainage as recommended by the Geotechnical Report Design, including desigii and location of foundation drain to daylight (perforated pipe surrounding foundation that drains to daylight or storm conveyance). 13. Design of paving systems, curb and gutter. I4. Creation of specifications for the Civil Consultant's scope of work, including documentation of over -excavation requirements. I5. Preparation of a staging plan for Final Plan Review Application with consultation from GENERAL CONTRACTOR 16. Assume Construction Documents will be issued as two bid packages only - Phase 1 &2 (i.e. no early site package), 17. Provide a separate fee for preparing as -built drawings based on drawings marked up by the CMAR. I8. Travel and Meetings a. Assume participation in teleconferences every other week. b. Assume 2 meetings each in SD and DD phase, and 3 meetings during CD phase c. Propose number of site visits during construction to observe the work and including punch list and final review. 19. Exclusions to this contract: a. Design of sub -surface drainage system for groundwater. Landscape Scope 1. All surface improvements, land forms and plantings within the property line including paved and landscape areas, and street lawns within the property line within established budget dollars. 2. Concept grading plan. 3. Concept design of all site retaining walls, including finish. 4. Design and documentation of pedestrian plazas and surface walkway systems, including configuration and surface treatmentlmaterialslpattern s. 5. Design and documentation of site retaining walls and rockeries below Y-O" high. 6. Design and documentation of transformer, trash and other landscape enclosures above grade, if required. 7. Design and specifications of site fencing, including gates if required to limit site vehicular access. 8. Design and specifications of site furnishings. 9. Irrigation design and documentation for plant material. 10. Coordination of landscape lighting with lighting consultant/electrical engineer. 11. Creation of specifications by others for the Landscape Consultant's scope of work, including planting medium, plant materials, fencing and gates, site furnishings, low retaining walls and paving systems designed by the Landscape Consultant. 12. Consultation on project construction staging and phasing. 13. Assume Construction Documents will be issued as two bid packages only - Phase 1 &2 (i.e. no early site package). 14. Provide a separate fee for preparing as -built drawings based on drawings marked up by the GENERAL CONTRACTOR. 15. Travel and Meetings a. Assume participation in teleconferences every other week. b. Assume 2 meetings each in SD and DD phase, and 3 Meetings during CD please c. Propose number of site visits during construction to observe the work and including punch list and final review. 16, Exclusions to this contract: a. Design of areas beyond the limits of the project site boundary. Structural Scope 1. Structural design of new building for both phases of work. 2. Assume Construction Documents will be issued as two bid packages only -Phase 1 &2 (i.e. no early foundation package). 3. Structural design and documentation of site retaining walls (either cast -in -place or modular systems) over Init. ALA Document B101TM - 2007 Vormerly B751 T - 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 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 distributLon or 10 this AI A° Oocumani, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possIbie under the law. This document was produced by AIA software st 10:33:05 on 0713112013 under Order No- 6438998984_1 which expires on 0810112014, and is not for resale. User Notes: (879978318) 4E-17 3'-4" high based on design concept provided by Landscape Consultant. 4. Review and editing of specifications created by others for the Structural Consultant's scope of work. 5. Provide a separate fee for preparing as -built drawings based on drawings marked up by the GENERAL CONTRACTOR. 6. Please note if the sizing, gauging and locations of metal wall studs is not included in your scope of work such that the CMAR will be aware that this work is in their scope, 7. Travel and Meetings a. Assume participation in teleconferences every other week. b. Assume I meeting daring SD. 2 meetings during DD and 3 meetings during CD in Denver. c. Assume I trip to Southlake during SD and 3 trips during CA. 8. Exclusions to this contract: a. Structural floor system design (Confirm basis of design is for stab on grade) b. Design of structural floor system over void form. MechanicallPlutnbing Scope I , Mechanical design of the project: a. Heating, ventilating and air conditioning. b. Assume ventilation equipment will be mounted on roof tops within screened enclosures. c. Energy modeling as required for building permits (COMeheck or equivalent). d. Coordination with Food Service Consultant on Kitchen Equipment. i. Design of kitchen ventilation system including hood over range and dishwasher ( ifrec_uired—a catering kitchen is anticipated with food prepared elsewhere in the building). 2. Plumbing design within a 5'4' perimeter of the outside face of the building: a. Coordinate with Civil Consultant on piping beyond this limit. b. Complete design of water, firs: suppression riser, sanitary sewer and gas systems within this limit and coordination with existing systems. c. Design of roof water conveyance from roof drain and/ or gutter downspout to site discharge or storm system. d. Coordination with Food Service Consultant on Kitchen Equipment stub -outs and drainage for gas, water and sewer. 3. Presentation and limited analysis of benefits of sustainable design and energy efficient systems where appropriate (this does not mean DOE modeling). 4. Creation of specifications for the Mechanical/Plumbing Consultant's scope of work, including preparation of a commissioning specification for mechanical equipment. 5. Provide a separate fee for preparing as -built drawings based on drawings marked up by the GENERAL CONTRACTOR. 6. Review of aquatics mechanical system and recommendations to test and balance systems throughout building. 7. Travel and Meetings a. Assume participation in teleconferences every other week. b. Assume 1 meeting during SD, 2 meetings during DD and 3 meetings during CD in Denver. c. Assume 1 trip to Southlake during SD, 1 trip during DD and 3 trips during CA. 8. Assume Construction Documents will be issued as two bid packages only — Phase 1 &2 (i.e. no early mechanical equipment package). 9. Exclusions to this contract: a. Assume fire suppression design will be design/build, except that the Plumbing Consultant will provide the specification for this scope of work. b. DOE 2 modeling. Electrical/Lighting Scope 1. Electrical and lighting design of the project, including exterior building and site lighting: a. Power, b. Lighting (assume Dark Sky requirements for exterior lighting). i. Provide photometric plans. c. Telephone and CATV (assume contract will include box, conduit and faceplate with wiring and device by others). AIA Document 8101' — 20a7 formerly 8151 rµ—1997). Copyright � 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. AFI rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of .� this AIAe Document, a any portion of It, may result In say ore civil and criminal penalties, Snd will be prosecuted to the maxlmum extent possible under the law. This document was produced by AIA software at 10:33:06 on 07131 =1 3 under Order No,643899B984 1 which expires on D810112014, and is not for resale. user Notes: (879978318) 4E-18 d. Fire detection and alarms. e. Energy modeling as requited for building permits (COMcheck or equivalent). 2. Design and coordination of electrical systems an site, including transformer location and primary service (provide an electrical site plan): a. Note the transformer maybe located in an enclosure. b. Consultation on coordination of re-routed utilities o11 site including electrical, telephone and CATV. c. Coordination with utilities and districts for project approvals. d. Coordination of landscape lighting with landscape consultant. 3. Presentation and limited analysis of benefits of sustainable design and energy efficient systems where appropriate (this does not mean DOE modeling). 4. Submit a detailed booklet of suggested manufacturer data sheets for lighting fixtures. 5. Audiovisual Scope of Work: a. Confirm program, operational goals and design criteria with Client, including background music system, and room -specific music systems. b. Work will be limited to the new construction. c. Provide an opinion of probable cost describing the proposed systems. d. Prepare drawings showing locations of major AV devices (including projectors, projection screens, loudspeakers, microphones, amplifiers and accessories), electrical conduit, backboxes, and ac power requirements for each space. e. Provide ongoing coordination with Electrical Engineer to ensure understanding of relative scopes of work. f. Generate sight line studies to design all aspects of projectors and projection screens. g. Provide a report, including illustrations of recommended equipment and products. Describe operation of systems and how the design fulfills the client goals. h. Develop specifications defining each system to be installed and detailing the minimum required performance parameters of each component and the final acceptance testing requirements. i. Provide AV system diagrams and details including system interconnection Mock diagrams, custom control panel layouts, loudspeaker locations and aiming directions, etc. j. Recommend potential AV systems subcontractors and review the qualifications of Contractors suggested by others, if required. k. Respond to requests for substation and review RFI's related to AIV scope. 5. Creation of specifi cati on s for the Electrical/Lighting Consultant's scope of work, including preparation of a commissioning specification. 7. Travel and Meetings a, Assume participation in teleconferences every other week. b. Assume 1 meeting during SD, 2 meetings during DD and 3 meetings during CD in Deliver. c. Assume l trip to Southlake during SD, 1 trip during DD and 3 trips during CA. 8. Assume Construction Documents will be issued as two bid packages only — Phase 1 &2. 9. Provide a separate fee for preparing as -built drawings based on drawings marked up by the GENERAL CONTRACTOR. 10. Please provide a separate fee for security systems: a. CCTV for an assumed number of cameras. b. Access doors. c. Alarms at openings. d. Assume participation in teleconferences every other week. e. Assume 1 meeting during SD, 2 meetings during DD and 3 meetings during CD in Denver, f. Assume 1 trip to Southlake during SD and 3 trips during CA. 11, Exclusions to this contract: a. Street lighting and power for surrounding public rights -of -way. b. DOE 2 Modeling. c. Project Commissioning. Food Service Scope I. Confirm program/menu, operational goals and design criteria with Client for proposed cafe and point of sale. 2. Consult with design team to prioritize objectives and formalize concepts related to food service. AIA Document 13101 TM — 20DI formeriy B151TM — 1997). Copyright® 1974, 1978. 1987. 1997 and 2007 by The American Institute of -Architects. All rights Init. reserved. WARNING: This At A' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12 this AW" Document, or any portion of it, may result in severe cIv1I and criminal penalties, and will be prosecuted to the maximum extent possibia under the law. This document was produced byAIA software at 10.33:06 on 0713112013 under Order No.1i aa9B984_1 which expires on 0810112014, and is not for resale. User Notes: (a79978318) 4E-19 3. Advise design team of Health Department requirements and coordinate to provide compliant plans and finishes. 4. Provide food service equipment cost estimates. 5. Submit a detailed booklet of suggested manufacturer data sheets. 6. Provide utility load information to project engineers. 7. Prepare mechanical, electrical and ventilation rough -in and point of connection drawings indicating the required size and the height of each utility. S. Prepare plans showing all food service equipment layout(s), curbs, depressions, remote refrigeration runs, requirements for soda systems, point -of -sale cash register systems and special building requirements for the food facilities. 9. Prepare equipment schedules for all items. 10. Coordinate with Structural consultant for floor depressions and slopes. 11. Coordinate with MEP consultants on equipment rough -in. 12, Coordinate with interiors consultant on room finishes. 13. Prepare ventilation plans showing cooking exhaust and equipment ventilation requirements. 14. Prepare custom -fabricated equipment elevations, sections and details, if necessary. 15. Prepare specifications for all food service equipment including cold storage rooms, exhaust hoods and refrigeration systems. 16. Provide necessary information to the Architects for Health Department submittal. 17. Incorporate Building or Health Department comments on food service equipment into equipment drawings. 18. Assist with the pre -qualification of Kitchen Equipment Contractors (KEC) and in the solicitation of bids. 19. Tabulate and analyze bids and assist in the negotiation and award of contracts for Kitchen Equipment through the Client's CMAR. 20. Review Food Service Equipment Contractor proposals for alternates and/or substitutions and other value engineering proposals. 21. Respond to BFI's related to food service scope. 22. Complete a final inspection visit to the site and identify other trips at rough in, at equipment installation, etc., as necessary. 23. Provide a separate fee for preparing as -built drawings based on drawings marked up by the GC/ CM 24. Travel and meetings: a. Assume participation in three (3) teleconferences b. Assume 1 meeting during SD, 2 meetings during DD and 3 meetings during CDs in Denver. c. Assume no trips to Southlake. 25. Exclusions to this contract a. Project commissioning, except for the specification noted above. Commissioning Scope 1. Consultant shall function as the Commissioning Authority (CxA) to lead, review and oversee the commissioning process for the project. 2. Review of design development documents, including mechanical, electrical and plumbing drawings and specifications consistent with the standard of care, and post occupancy commissioning. 3. Review and input to construction documents, including authoring and implementing the commissioning plan. 4. BRSA will assist the Owner in developing the Owner's Project Requirements. 5. Verify the installation and performance of systems to be commissioned consistent with the standard of care currently being executed inTexas. Commissioning should verify that systems are installed correctly and functionally perform under partial and full load conditions. 6. Commissioned systems shall include: a. All Mechanical HVAC&R Systems i. Major Mechanical System: 100% o Central Plants o AHUs a Fans - General exhaust, kitchen exhaust, transfer, etc. ii. Secondary mechanical systems: Quality Based Sampling (minimum 20%) ❑ Terminal Units - fan -powered boxes, vav boxes and similar o Point of use heating (i.e. unit heaters and similar) iii. Building Automation System ALA Document B101TM - 2007 formerly 8151TM-1997). Copyrlght01974, 1979. 1987, 1997 and 2007 by The American Institute of Arc hiteets. All rights lrt�t' reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent passible under the law. This document was produced by A I A software at 10:33:06 on 07/3112013 under Order No.6438998984_1 which expires on OWDI RO14. and is not far resale. User Notes: (879978318) 4E - 20 o Workstation(s) o System graphics and dashboards o Sensors o Actuators ❑ Controllers o Networks o Suh-Meters) — if applicable b. Plumbing Systems i. Thermostatic Mixing Valve(s) ii. Domestic Water Booster Pump(s) iii. Domestic Water Heater(s) iv. Domestic Water Circulation Pump(s) c. Renewable Energy Systems i. Photovoltaic ii. Solar Thermal iii. Other systems being considered. d. Advanced Energy Metering i. Photovoltaic Power (AC Output) ii. Electrical sub -meters) iii. BAS Trending and Archiving iv. HAS Graphics and Plotting e. Lighting and Daylighting Controls i. Occupancy Sensors ii. Daylight Sensors iii. Lighting Control System iv. Emergency and back-up lighting systems f indoor Air Quality Elements and Systems i. CO2 sensors ii. Airflow measuring station(s) g. Systems Excluded from Commissioning i. Life Safety o Fire Alarm ❑ Fire Protection ii.Kitchen Refrigeration iii_ Building Envelope iv. Low Voltage Systems (including, but may not limited to the following): ❑ Security and Access Control ❑ Inf❑rmation Technology ❑ Wireless Access ❑ Radio/Satellite ❑ Networking ❑ Audio and Visual v. Electrical o Power Distribution o Emergency or back-up Power Systems o Lightning Protection o Uninterruptable Power Systems o Surge Protection ❑ Power Monitoring Travel and Meetings a. Assume participation in teleconferences every other week. b. Assume I meeting during SD, 2 meetings during DD and 3 meetings during CD in Denver. c. Fundamental Cx: Assume 9 trips/ 17 days trip to Southlake (breakdown by phase). d. Enhanced Cx: Assume 1 trip/ 2 days to Southlake (breakdown by phase). Assume Construction Documents will be issued as two hid packages only — Phase 1 &2. Exclusions to this contract: a. None. Al Document 6101 TM — 2007 farmerly 8151 TM—1997). Copyright 01974. 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Itlit, reserved. WARNING. This AIA� Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 14 this AiA� Document, or any portion of It, may result In severe civil and criminat penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:33:0e on 07/3112013 under Order NoA438998984_1 which expires on 08/0V2014, and is not for resale. User Notes: (879978318) 4E - 21 § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 llpon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need, The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the Owner's request for extensive environmentallyresponsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEEDV certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .6 Preparation of design and documentation for alternate proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of persons providing proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no fiirther obligation to compensate the Architect for those services: 1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Clavns as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor .2 Fifty Four ( 54 ) visits to the site by the Architect over the duration of the Project during construction .3 One ( I ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 One ( i ) inspections for any portion of the Work to determine final completion Al Document 8101 T" - 2007 formerly B151T'"-1997). Copyright@ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Arehltects. All rights Init reserved. WARNING: This AIA Document is protected by U,S, Copyright Law and InternallonaI Treaties. Unauthorized rep roductlon or distribution of 15 this AIAF Document, or any portion of It, may result to severe civil and criminal penalties, and wlil be prosecuted to the maximum extent possible under the faw. This document was produced by AIA software at 10:33:06 on 0713112013 under Grder No.6438P98984_1 which expires on 0810112014, and is not for resale. User ]Votes: (879978318) 4E - 22 § 4.3.4 If the services covered by this Agreement have not been completed within Twenty-four ( 24 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project and with respect to the Services to be performed by Architect for Owner. Owner shall designate an Owner's - Representative(s) for all matters for the Owner under this Agreement. Owner's Representative(s) shall be available to Architect at all reasonable times for consultation with Architect. Architect may conclusively rely on the decisions made by Owner's Representatives, including those which modify this Agreement after approval by the City of SouthIake, except to the extent applicable law, the City Charter, or City ordinance requires either City Manager or City Council approval for specific modifications. The Owner designates Mr. Chris Tribble, City of SouthIake Director of Community Services and Ms. Candice Edmondson, City of SouthIake Deputy Director as the Owner's Representatives. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. AIA Document 13101Im — 2007 formerly 13151 T"-1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights [nit. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of 1 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 14:34:55 on 07131/2013 under Order No.6438998984_1 which expires on 0810112014, and is not for resale. User Notes: (1146698097) 4E - 23 § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall proiitpLly notify the Architect of any direct communications that may affect the Architect's services. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shalt provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights -of -way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost ofthe Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Asdcle 4. § 6.4 If the Negotiation Phase has not commenced within 94 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Constriction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize renegotiating of the Project within a reasonable time; ..3 terminate in accordance with Section 9.5; ,4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .5 implement any other mutually acceptable alternative. AIA Document B101T* — 2007 formerly B151 T"" — 1997). Copyright01974, 1978, 1987, 1997 and 2007 by The American Institute of .Architects. All rights trait• reserved. WARNING: This AIA� Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distributlon or 17 this AIA° Document, or any portion of it, may result in severe civil and criminal penaItles, and will be prosecuted to the maximum extent possible under the law This document was produced byAIA softwars at 10:33:06 an D7131l2013 under Order F1o.6438998984_1 which expires on 0810112014, and is not For resale. User Notes: (879978318) 4E - 24 § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. If the Owner chooses to proceed under Section 6.6.4, after the completion of Resign Development, the Architect, with additional compensation, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection witty the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from [lie Owner's use of the: Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect, Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights AIA Document 8101T" — 2007 formerly B151 T"'—1997). Copyright d 1974, 1978. 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AJA� Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 18 this AiAe Document, or any portion of It, may result In severe civil and crimfnai penalties, and will be prosecuted to the maximum extent possible under the law_ This document was produced by AIA software at 10 33:06 an 07/31/2013 under Order No.6438998984_1 which expires on 08101/2014, and is not for resale. User Notes: (879978318) 4E - 25 as they may have to the proceeds of such insurance as set forth in AIA Document A201-2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8A.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either parry's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 MEDIATION § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Proccdures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. if an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 8.3 of this Agreement ] Litigation in a court of competent jurisdiction [ X ] Other (Specify) To be determined by mutual agreement at the time of claim, but ifno agreement is reached, by litigation in a court ofcompetent jurisdiction. § 8.3 ARBITRATION —Section intentionally deleted (Paragraphs deleted) § 8.3,4 CONSOLIDATION OR JOINDER § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any Lather arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional AlA Document 61011" - 2007 formerly 8151 T" -199Yj. Copyright 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init, reserved. WAR N1NG- This ALA Document is protected by U.S. Copyright Law and Intematlot)aI Treaties. Unauthorized reproduction or distribution of 19 this Al Document, or any portion of it, may result in severe civil and criminal ponOil es, and wtil be prosecuted to the maximum extent possible under the Iaw. This document was produced byAIA software at 10:33,06 an 07/31/2013 under Order No.6438998984_1 which expires on GMV2014, and is not for resale. User Notes: (879978318) 4E - 26 person or entity shaII not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 if the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused rbe Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven clays' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreerent through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 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. f § 9.7 Section intentionally deleted. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of termination of th i s Agreem ent are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201 24d7, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reason abiy required to facilitate assignment to a lender, the Architect A all execute ail such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect AIA Document $101 M - 2007 formerly 13151 m - 1997j. Copyright® 1974. 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 20 this AIA Document, or any portion of it, may result In severe civil and criminal penaItles, and will be prosecuted to the maximum extent possible under j the iaw. This document was produced by AIA software a[ 10:33:06 on 07/31/2013 under Order No, 64389BB96d_1 which expires on 0811,112014, and is not far resale. User, Notes: (879978318) 4E - 27 for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 14.5 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. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 14.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving parry shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. This section shall not apply to information which the City Attorney or the Attorney General determine is "public information" which must be disclosed pursuant to a request for information filed pursuant to the Texas Public Information Act, or as otherwise required by law. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, and Exhibit A: Architectural and Engineering Fee Allocation, the Owner shall compensate the Architect as follows: (Insert amount of, or [lasts for, compensation.) Full payment for Services rendered, a Iump sum not to exceed Three Million, one hundred twenty two thousand, two hundred eighty two dollars ($3, I22,282). The fee is based on the schedule of work as shown in Exhibit B. If the time limits established by the schedule are, except for reasonable cause, exceeded due to no fault of the Architect, adjustment to the lump sum fee will be required. § 11.2 For Additional. Services designated in Section 4,1, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods q compensation apply.) Architect will prepare a proposal or work will be done on an hourly basis per Architect's current hourly rates at the time of additional services. These rates change in January of every year. 2013 hourly rates are shown in Section 1 1.7. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation) Architect will prepare a proposal or work wiII be done on an hourly basis per Architect's current hourly rates at the time of additional services. These rates change in January of every year. 2013 hourly rates are shown in Section 11.7. § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or l 1.3. shall be the amount invoiced to the Architect plus Ten percent ( I0.04 %), or as otherwise stated below: AIA Document 6101 TO - 2007 formerly 8151"-1997j, Copyright 01974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 21 this AIAe Document, , -r any portion of it, may result in severe civII and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:33:06 on 0713112013 under Order No.64313998984_1 which expires on 0810112014, and is not for resale. User Notes: (879978318) 4E - 28 § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work-, the compensation for each phase of services shall be as follows: Schematic Design Phase Design Development Phase Construction Documents Phase Bidding or Negotiation Phase and Construction Administration (Row deleted) twenty one and 3110 percent ( 21.3 %) thirty four and 4110 percent ( 34.4 °/*) thirty four and 9110 percent ( 34.R °i } nine and 5110 percent ( 9.5 °/;,) Total Basic Compensation one hundred percent ( 100 %) § 11.6 When compensation is based on a percentage of the Cost of the Work 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 11.5 based on ( 1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the. Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below) Compensation shall be made to Barker Rinker Seacat Architecture, P.C. for the time of the Principals and Staff at the fallowing Billing Rates: Employee or Category Rate Principal $240-2501hour Senior Project Manager S I35/hour Senior Associate $ 115-1201hour Project Manager $100-115/hour Project Designer $100-115/hour Architectural intern $65-90/hour Draftsperson $65-85/hour Project Administration $95-130lhour Clerical %95-95/h our § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdi ction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project -related expenditures. AiA Document 6101 T — 2007 formerly 61511-1997). Copyright Q 1974, 1978, 1987, 1997 and 2007 by The American Institute of architects. All rights ]nit' reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 22 this Ale Document, or any portion of it, may result in severe ci f$ and criminal penalties, and will be prosecuted to the maximum extent posstble under I the taw. This document was produced by AIA software at 10!33:06 on 07/31/2013 under Order No.6438998984_1 which expires on 0310112014. and is not for resale. User Notes: (879975318) 4E - 29 § 11.$.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Ten percent ( 10.00 %) of the expenses incurred. § 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: Upon payment to Architect for work completed to date at time of termination, drawing files will be released to Owner. § 11.10 PAYMENTS TO THE ARCHITECT § 11.10.1 An initial payment of Twenty Thousand Dollar and Zero Cents ($ 20,000.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice_ Amounts unpaid Sixty ( 60) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the Iegat rate prevailing from time to time at the principal place of business of the Architect. (Insert rate afmonthly or annual interest agreed upon.) One and one half percent 1.5% per month § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a bytding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: None ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 ALA Document 8101 TM 2007, Standard Form Agreement Between Owner and Architect .2 AIA Document E201TM-2007, Digital Data Protocol Exhibit, if completed, or the following: .3 Exhibit D: E201 -- Digital ALA Document E202Tm -2008, Building Information Modeling Protocol .4 Other documents: (List other documents, if'any, including Exhiba A, Initial Information, and additional scopes ofseruice, if any, forming part of the Agreement.) Exhibit A: Architectural and Engineering Services Fee Allocation Exhibit B. Project Schedule Exhibit C: Reimbursable Expense Estimate AIA document 13101 T* — 2007 formerly g151T—1997). Copyright @ 197411978, 1987, 1997 and 2007 by The American Institute of Architects. All rights ]nit. reserved. WARNING: This AIA � Document Is protected by U.S. Copyright Law and International 'treaties. Unauthorized reproduction or distribution of 23 this Ale nocument, 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 10:33:06 an 07M12013 under Order No.6438998984_1 which expires an 0810112014, and is not for resale. User Notes: (679978318) 4E - 30 This Agreement entered into as of the day and year first written above. (Signature) Shana Yelverton, City Manager (Printed name and title) (Signature) Steve Blackburn, Principal (Printed name and title) (Signature) Ken Berendt, Principal (Printed name and title) AIA Aocument B101T"" — 2007 formeriy B151TM—1997j. Copyright 01974, 1978. 1987. 1997 and 2007 by The American Institute of Architects. All rights )nit. 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 wlII be prosecuted to the maximum extent possible under 24 the law. This document was produced by AIA software at 10:33:06 on 07/31/2013 under Order No.6438998984_1 which expires on 081C112014, and is not for resale. User Notes: (879978318) 4E - 31 Southlake Community Recreation Center Exhibit A: Architectural & Engineering Services Fee Allocation Barker Rinker Seacat Architecture July 31, 2013 By Phase: Fee Schematic Design: $ 665,165 Design Development: $ 1,074,304 Construction Documents: $ 1,084,906 Bidding/ Construction Administration (Phase 1 Senior Center only): $ 297,906 Total: 100% $ 3,122,282 By Firm/ Discipline: Barker Rinker Seacat Architecture (Architect -of -Record) $ 1,852,557 PKE (Civil Engineer) $ 99,275 PKE or Norris Design (Landscape Architect) $ 93,500 REI (Structural Engineer) $ 127,380 The Ballard Group (Mechanical, Plumbing and Fire Protection Engineer) $ 176,057 Architectural Engineering Design Group (Electrical Engineer/ Lighting Design) $ 77,681 BRS/ Greg Markling (Specification Writer) $ 13,750 BRS Interiors Group: (Interior Design Lead) $ 27,500 Gallun/Snow: (Interior Design Development) $ 72,821 Water Technology, Inc. (Aquatics Design Engineer) $ 118,619 3PM (Kitchen Design) $ 10,010 Wiss, Janney, Elstner Associates (Building Envelope) $ 30,360 Lee Engineering (Traffic) $ 14,030 Architectural Computer Animation (Norris Design) $ 37,000 As -Constructed Record Drawings (Section 4.1.15) $ 18,435 Telecommunications/ Data Design/ Music and Voice Systems (Section 4.1.20) $ 32,911 Commissioning (Section 4.1.22) $ 61,595 Extensive Environmentally Responsible Design (4.1.23) $ 27,850 Furniture Selection (Section 4.1.27) $ 73,252 Signage and Environmental Design (Section 4.1.28) $ 29,417 Acoustical Design (Section 4.1.29) $ 39,500 Outdoor Spray/Splash Pad $ 20,775 Emergency Generator Design & Documentation $ 5,620 Security Evaluation and Planning (Combs Engineering) $ 33,038 Alternative Energy Systems (Solar Thermal for Pool Heating & Hydronic Heating Water) $ 29,350 Total Basic Services: $ 3,122,282 N M LU 0 �o 0 0 0 0 0 0 0 ZY z 3 m 0 v p 3 V p v o o rn be u C CuE j m E v o" v E v o o v— �v, V v— E E c .o Z p 0 `� c" V u E ao ao ao o f E E V � o� c v v 0 0 v v v c 3 3 2 o v v v c n o " rvi •Y v E V E E a 0 0 ao V E E E a 0 0 V E E E a E E E °o ° o 0 0 0 0 0 0 0 0 0 0 0 0 0 `0 0 0 0 0 0 o Q o_ V N Y 00000000 V V V V V V o- o_amZE o E E o o V 0 m M M W C O O O ON a a E o o o o o o V E V 3 w O = 0 h O O O - V 'o O O o a m .o _ O O O O O Oo - m u > o o o o o — 3 a o o o o o 0 3 - o o o 0 o 0 o � o E o 0 z `o � o o z m uo o o o 0 Q - - - _ c� c o o o m � o o o � o z N o 0 0 0 o Qa' o N o o o o o w a u o o o o z am `o V o N o m y � w E o od a o o 0 o m .�i z w w w o � 0 0 0 0 o m a N � a z w a w o V o V o V w a o V O o w - o _ o _ o dJ '^ v v o x w Q o o 0 0c ' E 3 3 a o > > l E 3 3 3 -E > > > ' E ,� `v E � E E a v o E a o w '--E o w a v o �. 2 _ c o o w 3 pV --o� o r = c° v o 0 0 = c° V o -� 0 0 o c co � i° u u u u u v ;: c u z E o }, � o u u '' u u = 'n 'n 'n 'n 'n O O m- mw Z m y v->>>>> a F F F¢ L w F F F¢ w F F F¢ w m F to --- N l7 a ¢ a in F F t00 F H 0 qm ■ � (V4 (% [§32 � % k . �\ IP4t\�/� §� � �WAI- -,qw A % 4w Vow"" low 7 v • r. f r r 4•' a� 0 N 06 43) �W U � w� N w Y � Z c K a K Y K m 700 uO 0 06 a) c �W Q� U � w� N w AN �, �r z M- 167-0 I-N v 1\ It 0 Of Or 9, . 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