Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Resolution No. 04-87
RESOLUTION NO. 04-81- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE ARCHITECTURAL DESIGN CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND ARCHITECTS PHELPS WOOD FOR ARCHITECTURAL DE SING OF NEW CIVIC CENTER, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Consultant have entered into an agreement such that the Consultant is to provide the following services: ARCHITECTURAL DESIGN OF CIVIC CENTER WEST OF THE SENIOR CENTER ON NORTH COLONY BLVD.; and WHEREAS, the City has determined that it is in the best interest ofthe City to enter into the Contract with ARCHITECTS PHELPS WOOD, which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein. WHEREAS, with this Architectural Design Contract the City of The Colony is agreeing to pay the sum of up to $100,000.00 for such work. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Architectural Design Contract, which is attached and incorporated hereto as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the City Manager is hereby authorized to execute the Agreement on behalf of the City of The Colony, Texas. Section 2. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED, APPROVED and EFFECTIVE this ¡ day of µOV, 2004. J. Dillard, Mayor T/J' ity of The Colony, Texas / /A''''/A.dÁ) J;('V-- C . stie WIlson, CIty Secretary [CITY SEAL] If 63918 ..t-., , . I . . *AIÄ Document 8141111 - 1997 Part 1 .;,.'. - Standard Form of Agreement Between Owner and Architect with Standard Form of Architectrs Services TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES ADDITIONS AND DELETIONS: The author of this document has 1.3 TERMS AND CONDITIONS added information needed for its completion. The author may also 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS have revised the text of the original AlA standard form. An 1.5 COMPENSATION Additions and Deletions Report that notes added information as I AGREEMENT made as of the Fifth day of October in the year Two Thousand and Four well as revisions to the standard (In words, indicate day, month and year) form text is available from the author and should be reviewed. BETWEEN the Architect's client identified as the Owner: A vertical line in the left margin of (Name, address and other information) this document indicates where the author has added necessary City of The Colony information and where the author has added to or deleted from the 6800 Main Street original AlA text. The Colony, TX 75056 This document has important legal consequences. and the Architect: Consultation with an attorney (Name, address and other information) is encouraged with respect to its completion or modification. Architects Phelps Wood, Corp., Professional Corporation 8992 Taft Powell Road Frisco, TX 75035 Telephone Number: 972-335-9382 Fax Number: 972-335-6811 For the following Project: (Include detailed description of Project) The Colony Civic Center, Phase I The Colony, Texas This project will be Phase I of The Colony Civic Center in The Colony, Texas. Phase I will be a +/- 7,488 square foot, free-standing building. This will be a multi-functional building consisting of offices, restrooms, and meeting rooms. Also included will be parking as required by The Colony Planning Department. I The Owner and Architect agree as follows: AlA Document B141111-1997Part 1. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970,1974,1977, 1987 and 1997 by The American Institu1e of Archi1ec1s. Aft rights reserwd. WARNING: This AlA" Document is pro1ected by U.S. Copyrigh1law and In1ernational Trea1ies. 1 Unauthorized reproduction or distribution of this AlA" 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 AlA software at 11 :46:16 on 1010512004 under Order No.1000133008_1 which expires on 8/10/2005. and is not for resale. User Notes: (3483271083) I , , , ' ; '. . . ARTICLE 1.1 INITIAL INFORMATION § 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable," "unknown at time of execution" or "to be determined later by mutual agreement. ") § 1.1.2 PROJECT PARAMETERS § 1.1.2.1 The objective or use is: (Identify or describe, if appropriate, proposed use or goals.) I Building to ultimately be a +/- 15,840 square foot Civic Center § 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.) I See attached Exhibit "A" (Master Proposed Site Plan) § 1.1.2.3 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed.) I Phase I will be developed based on program information to date. § 1.1.2.4 The legal parameters are: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.) The site will be the remaining City property on the west side of the Senior Center. Surveys, legal descriptions, soils testing and other information pertinent to this project will be paid for and furnished to the Architect by the City of The Colony. § 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: $1,100,000.00 .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: $1,000,000.00 § 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) I To be determined § 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) I Competitive Bidding § 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements. ) § 1.1.3 PROJECT TEAM § 1.1.3.1 The Owner's Designated Representative is: (List name, address and other information.) AlA Document 8141111-1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright law and International Treaties. 2 Unauthorized reproduction or distribution of this AlA"' 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 AlA software at 11 :46:16 on 10/0512004 under Order No.1000133008_1 which expires on 8/10/2005, and is not for resale. User Notes: (3483271083) , , . , .' , I 6800 Main Street The Colony, TX 75056 § 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and other information.) Pam Nelson, Director of Community Services 5151 No. Colony Boulevard The Colony, TX 75056 Sam Fitzgerald, Assistant Director of Community Services 5151 No. Colony Boulevard The Colony, TX 75056 § 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and, if known, identify them by name and address.) § 1.1.3.4 The Architect's Designated Representative is: (List name, address and other information.) Arthur V. Phelps 8992 Taft Powell Road Frisco, TX 75035 art@phelpswood.com § 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and, ifknown, identify them by name and address.) Structural - Parkin Perkins Olsen, Inc., Dallas, TX MEP - Basharkhah Engineering, Inc., Dallas, TX. Civil - Cross Engineering Consultants, Inc., McKinney, TX. Landscape - Wheeler Landscape Architecture, Ft. Worth, TX. § 1.1.4 Other important initial information is: § 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AlA Document A201 current as of the date of this Agreement, or as follows: § 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, however, recognize that such information may change and, in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Section 1.3.3. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES § 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. AlA Document B141111-1997Part 1. Copyright © 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AlA" 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 AlA software at 11 :46:16 on 1010512004 under Order No.1000133008_1 which expires an 8/1012005, and is not for resale. User Noles: (3483271083) . . , , . , . § 1.2.2 OWNER § 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. § 1.2.2.3 The Owner's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Section 1.1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. § 1.2.2.5 Unless otherwise provided in this Agreement, 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. § 1.2.2.6 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. § 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. § 1.2.3 ARCHITECT § 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. § 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Section 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall 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. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. § 1.2.3.3 The Architect's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Architect's behalf with respect to the Project. § 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. § 1.2.3.5 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 judgrnent with respect to this Project. AlA Document 8141111 -1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AlA" 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 AlA software at 11 :46:16 on 1010512004 under Order No.1000133008_1 which expires on 8/10/2005, and is not for resale. User Notes: (3483271083) , . . ì , . . § 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. § 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS § 1.3.1 COST OF THE WORK § 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. § 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner. § 1.3.2 INSTRUMENTS OF SERVICE § 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. § 1.3.2.2 Upon execution ofthis Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. § 1.3.2.3 Except for the licenses granted in Section 1.3.2.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 1.3.2.2. Submission or distribution ofInstruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such AlA Document 8141111-1997 Part 1. Copyright © 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AlA" 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 AlA software at 11 :46:16 on 10105/2004 under Order No.1000133008_1 which expires on 8/10/2005, and is not for resale. U_ Notes: (3483271083) , , , . Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. § 1.3.3 CHANGE IN SERVICES § 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Section 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Section 1.5.2, and to any Reimbursable Expenses described in Section 1.3.9.2 and Section 1.5.5. § 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; .3 decisions of the Owner not rendered in a timely manner; .4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .5 failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article 1.1. § 1.3.4 MEDIATION § 1.3.4.1 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 arbitration or the institution of legal or equitable proceedings by either party. 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 arbitration. § 1.3.4.2 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 in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable 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. § 1.3.4.3 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. § 1.3.5 ARBITRATION § 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Section 1.3.4. § 1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for AlA Document 8141111-1997 Part 1. Copyright © 1917, 1926,1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American InstiMe of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AlA" 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 AlA software at 11 :46:16 on 1010512004 under Order No.1000133008_1 which expires on 8/10/2005, and is not for resale. User Notes: (3483271083) I I . . . 'r arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. § 1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. § 1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the 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 party's termination in accordance with Section 1.3.8. § 1.3.7 MISCELLANEOUS PROVISIONS § 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Section 1.4.2. § 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AlA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. § 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. § 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA Document A20 I, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 1.3.7.5 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. § 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. § 1.3.7.7 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 AlA Document 8141111-1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977,1987 and 1997 by The American InstiMe of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this AlA" 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 AlA software at 11 :46:16 on 1010512004 under Order NO.1 000 133008_1 which expires on 8/1 0/2005, and is notforresaJe. User Notes: (3483271083) I · , , ' " 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. § 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. § 1.3.8 TERMINATION OR SUSPENSION § 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defmed in Section 1.3.8.7. § 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 1.3.9 PAYMENTS TO THE ARCHITECT § 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. AlA Document 8141111-1997 Part 1. Copyright © 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American InstiMe of Architects. All rights reserlled. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this AlA" 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 AlA software at 11 :46:16 on 10/0512004 under Order No.1000133008_1 which expires on 8/10/2005, and is not for resale. User Notes: (3483271083) , . § 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architecfs services and include expenses incurred by the Architect and Architecfs employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Section 1.5.5; .8 other similar direct Project-related expenditures. § 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. § 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS § 1.4.1 Enumeration of Parts of the Agreement. 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. This Agreement comprises the documents listed below. § 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AlA Document B 141-1997. § 1.4.1.2 Standard Form of Architecfs Services: Design and Contract Administration, AlA Document BI41-1997, or as follows: (List other documents, if any, delineating Architect's scope of services.) § 1.4.1.3 Other documents as follows: (List other documents, if any, forming part of the Agreement.) § 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: ARTICLE 1.5 COMPENSATION § 1.5.1 For the Architect's services as described under Article lA, compensation shall be computed as follows: Compensation will be based on a fee of $90,000.00 plus a $10,000.00 allowance for extra services and reimbursibles as required by the Owner. A construction cost of $1 ,000,000.00 will be used. Should the construction cost vary by more than 10%, the contract will be re-negotiated. AlA Document 8141T11-1997Part 1. Copyright © 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967, 1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. 9 Unauthorized reproduction or distribution of this AlA" 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 AlA software at 16:48:49 on 10/2612004 under Order No.1oo0133008_1 which expires on 8/10/2005, and is not for resale. User Notes: (3027623168) I I · , § 1.5.2 If the services of the Architect are changed as described in Section 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Section 1.5.2, in an equitable manner. (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply.) Principal's time at a rate of One Hundred Twenty-Five Dollars per hour ($125.oo/hr) Project Architect's time at a rate of One Hundred Dollars per hour ($IOO.OO/hr) Draftsman's time (CAD) at a rate of Sixty-Five Dollars per hour ($65.00/hr) Secretary's time at a rate of Thirty-Five Dollars per hour ($35.00/hr) I § 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of One and two-tenths ( 1.20 ) times the amounts billed to the Architect for such services. § 1.5.4 For Reimbursable Expenses as described in Section 1.3.9.2, and any other items included in Section 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of One and one-tenth ( 1.10 ) times the expenses incurred by the Architect, and the Architect's employees and consultants. § 1.5.5 Other Reimbursable Expenses, if any, are as follows: I See Exhibit "B" § 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. § 1.5.7 An initial payment of Zero Dollars and Zero Cents ($ 0.00) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. § 1.5.8 Payments are due and payable Fifteen ( 15 ) days from the date of the Architect's invoice. Amounts unpaid Thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) I 10.00% monthly (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 1.5.9 If the services covered by this Agreement have not been completed within Twenty-four ( 24) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Section 1.5.2. :::=_tente<OO ¡OW" ofrtæ day aod >= fißt written aboV:~J iJ (Signature) (Signature) I Mr. Dale Cheatham, City Manager Arthur V. Phelps, Architect (Printed name and title) (Printed name and title) AlA Documerrt 8141111-1997 Part 1. Copyright © 1917,1926,1948,1951,1953,1958,1961,1963.1966,1967,1970, 1974,1977,1987 and 1997 by The American InstiMe 01 Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright law and International Treaties. 10 Unauthorized reproduction or distribution of this AlA'" 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 AlA software at 11 :46:16 on 1010512004 under Order No.1oo0133008_1 which expires on 8/1012005, and is not for resale. User Notes: (3483271083) I , £')(h~Þ,+ ¡IA'\ ',-._ ..........- 'A,..-. C""'_ ì ~J.~ ! at~~ ¡ A&ðemLY 3Þ~~:: 2£& QO::;\.IPANT LOA:O~ 11., 1tCC~ 'J!!J'n.1' ., I <=A"'tf4 c;!Ç.OJf>ANTS. 6!> c..tIRS &~ OO!> 6J1i '. 1 A )~u-ra:Nr I'CFt $IIo1'<&P 1"~1N(:ó Bœrl¥i:ð& '£14 '5MIIM",* Rfi( fJ¡fe& <Q CARl!> (Pi!Fl CITY f>fAR» 'fCtAl. QC;Q.....~ í.QApi ~ 'I -'..-'/~'/../ :.1 _." ii',," .~ II'/'/. l'.~ ;;>:- "'~' ~./i" ~ }" ./ <,' :-< .... -~~;"/ ,-,j, ./,,/ /,,//Z; V. 'l '/. \I > v. '" '1 ~ ;t' U 11 :< n 11!5ET1..u ~v.If ~I ~"A' 9 '" f '[~~ , z II ;I: II % ... /11 ,I":aVAÐI..s P'A1\tti' Qj&-' I 1- \. ¿ z ~-=-=::::===;::;:;==1 ¡= =============~==f=:S:=;:=::==== : 'l \ J :< '-.i ~ ~ 11/' [ . ;< ïJm / ." 1-;0· ~ % ."¡¡-' II , II II II ~. il M5!!'f1NG> ~t ¡I ~-f· .~ II '"''..''' ,-.~., x II < .'-'" , ~ z , , r"; {t ~/ l_""~r ~ k \ . I " I '" 1GC11. .~ -,' ~- " l .... ~j., ( L~~!... /J \ ~ ...~:,.~ rl ~ / L.. ce"1 < . ¥: ..- 14œ'r' \. r-'-'I ~JU '" A ""."'..,,Þ....... 7- !!. - ,~ " _...-...._~.~-~.....'. r""'" i \. í: I í " :01: j FaC'SI?:11CN /">- , i L [..:J ( , J z I ;< ! 1"ES"IN::> i ., ~'T' 5~ j' ! =-~~ J .... , -,¡-'¡;}Ç; '--I "-. .{ , ¡ !f!\ot1 1fi, ("- .' ! i U$J~t1 I l..,..",~,-_ , . \Ci / '-' ......._._.,~,----.- :..-; ·zt. _0',:4 ,~' V. ;0," 1 X.,f...·~ _~~ .4. Z ':/. W'/~ . .,1''> .....- , /' ' .' .', ,\' ,~ "," , . ;' ~' ¿ r:........; " . ,J. . ;:. '. , .;' .;>¡,.. <' ,"- ' ,,1m '/". '. r!ß .,' , .. F..... ""',' ,/ \~ "", .ß'" "', ."... ' ~ I.'·....'· " ' . . //! ",'. ~ ,. .J. ". ' \. //. ..... ~" ?" ' . " ~,,,, Þ/" " .,.,,-'" '. ?" ' . /'''' 4-'''· Æ/@' ;,' ~I', ~' 1t. '\: "';;"'j..r " .... ".t'. ' " . ' ' .' ~ ' ' ... . / /'~ ¡'"' ." " //1,' i / " '<Z ',' '., ;.,,,<'7: ///' . ", v ,'" / £N ~ H': ." h Y .' " .' .......,. .. ." >" ,n . / /. . .," /"... . . . J ,,', ' {\ tV';!/ . ,.-.1" ...-;/ 'J' ..' ,.",,' /" / 1.'.1 ' "'/\ Y . . ,.~. ....... ...¿l (/.... .: ./ / /. .'0//" ~\/",,;y§/" ~.. .f").' .'1"" ,..~. ." " ",;:. ./. ".,'1. ¡/1.'·</. {", , " ,¡ / I ! .. .- ." ,:' '" / I "" ,",,' I . · .()::y //J 0/ i :/ ~'" ./ / .-- .',"''''1' ìiW!øt:¡~'}:"';~< / WiI '.- Q1-e:>:.t;;¿.' ./ /'.' '. \ Y ;' '\,.1.';' ,'/A); : : I,' ;' '., r.t!!'~ ~;7 ""¡ .,' 0: < '..r"""-" i"'J 1'-.. .' ' " ) ~ ,r · ./'-\ 'I' . h ",. . ' . . "., v, / ... . . ~ .( ¿/Gf:.'''''' " , .. .. ; ¡ .' ,,," .". / '" ."', ....." .. ,.J' .~" I . .- . . ....., .p , . ",.. '~ ,¡¡f~ .....' . 'I' ' . .'- .r·,· / . ... .... ¡~ ......1>' .' I .., "". ' ' (), A.;f:, , / / . .,. ..." /...' .. ·r ; .. .,<;-;'f·"PC"" .' .\ {",\.J ~\..\,." //"ß:' ;"/ ¡o"./ / ... ! ,,-;(VI(.. ..' .' () .> 'ç (.$ .. ; ,... ,1 'V.",.'!:' . /. "i' ...~./_; ,,'. . ,,. ... /.. ,. , " , ( ".' v.z ' ( 11'') .Gq,'t A'¡// I" ... I i ¡ ., ,,', ·",·r '''f ' . .." ~,v I," . ' ~-<> ,'" . ~ · } .' hi ' ¡.' I ' ,.... ¡ç" '..>, '/" " . /. "..' J . ' 'c.Q'" " ' A,. " / , ,,,,.' ' · ,.... ,> h' .~. .>. i ~. Ñ ../;'1 /¡' I : l: '.' ' · é" /,. ~..~/ ¿(\ ~ ,. y / ' ,...-' " . ,.."" ' .- -, t-" / . . I, : ,,-" I' " ' ." . ,,' .' ...." g;'. ' ,," p' \' ..' "'~?,> ".,:/(7'';, ' , ......41? ,/<il / ,,/! "\, '. <'0 J ~/' .' .... "$ / /. . { , ,'. ." . " £"7'."....... .- ."l''$!l ...., . ¡;;/ / //' /;' .I / ",. \ \./iff!ì;lt"'''' ' /4/. //.'í /ir' ../' ./' // /' ~Á).... .¡' ) ',..cc.'-;:~'x. ."". .' .'.... ....j..- Ù . ..".. ,.~. ,~v/ ' Y/ ß · ' ,.,' ," ".'«<. . ' ' ., ' · ,>" /...... ,.v..Q' · . '. ..' ..11 ".." ,..."'~ .! .. " )' -' / "..," " ~""'. ,i' ' · ' /,o/ .- I .: ... i ,'. ",,'¡' ." ''/1'" '/,.1 ;' .' ,.' , ..' . ' ,"'-'" k ' ' ' " /~I/ /.-' / ... -' '. .," §. , '. /.. , .. .' ",' v, . ,,'" · ' . . ..' >~/ ¡y.;/ ,./" ~... . ,\ \ ," ',-', V. /,' ,/ /... .......... ." ..'....." .. .... ", '(~"Q.... ". .j" , " , . " "'~ , ."' ' ' "'''' ~.><:~. >.,...,.... '\" \, ..,,~~ ' " .' ' /-- ',()(i[!I('i15'\ \ ...... .....'.. jlll~'\ \ <>¡.""- .- " ;,'" -;<i. \ "I"lili' ,i'., .. , ' ' ,.. . c..". ì">l . / " \ \ . \ "'4'"// V~ " .... . (~" I"'" ~ '- .f -o,--r. . ". >, . I ! ¡... .,p ~", ....... . .j/. ,,'f' ' , ..08..'''.' . ." ,'- \.... /,,' /. ..,. .' .' I ':---""" \. ." . ,,, I' " , " ' / Ì' ' ....~. " /J......... ......., ;' ¡' ,', ,/' " "-'c' .,' , ",.~ ,," 'I -"~ '. .,"" . ' J- l ' .. .~ ~..... . , .....' ...;.. " ¡ f '. " l' "-. \' ! ¡ ¡ -', ,I" ' ,,; / , ". . ' "'/ " .... . \, -<.... f ! "';:., "....'. ' . . "~ Ì"'v.' Z-! I.......'..:'~~,,· .. ". '" ' .... '" -.. '"'-...J ~ /'V_~'l' ! " ., I,'., .r-- < </'-"'" '-- ! \ , .....'-' /" / -. '. ' ' , ., r.... "<'.. ,,",," ,.,_., ....~..'. ~ ' ", ,. ..,'" -"".... .,." '. " '. .~. '",< ".. (,..-,." ---::~, "" " " "" ' (...,. .-. " . ", \ \.. J~~>'_,,___ ---'"1--,", .'-..-.... \, , ' ,\ ___ I .... '. '" ", \. ,'. ...¿ ~ ".. -' . . - - .~ ~ ......,:¡, ',. '....., "'- " " "'l, ~ .- -". ,,' - ".. ....,.. w.. r ".\' ~, .. "",.. ,,,,,, . . . ,~ . ";"'. ' ,.., \ ' .......... ," ". NO 1H " I·',· I \ : WS' '_, ' ""'. i ¡ \, A .1te Plan " ,.' ". . i t.. ~~.., ~c . -... .1_ ./ .e ..- ,'" ' ......~.,. \.. /.f , ' )' ~ ,. .. ..,.,.,x'''' .J. ... EXHIBIT "B" ARCHITECTS PHELPS~WOOD STANDARD BilLING RATES FOR IN HOUSE REIMBURSABLE CHARGES (Rates are subject to change at any time) Reproduction: Blue lines $5.00 sheet Vellum Plot $10.00 sheet Color Vellum Plot $15.00 sheet Bond Plot $5.00 sheet Color Bond Plot $8.00 sheet Binding Services: Punch and Bind $2.00 each Storage Media: Floppy (1.44 Mb $2.00 each Zip Disk (10 Mb $15.00 each CD $5.00 each 8992 Taft Powell Rd. Frisco, Texas 75035 972/335-9382 I , . I . . 8AIÄ Document 8141111 - 1997 Part 2 Standard Form of Architect's Services: Design and Contract Administration TABLE OF ARTICLES 2.1 PROJECT ADMINISTRATION SERVICES 2.2 SUPPORTING SERVICES ADDITIONS AND DELETIONS: The author of this document has 2.3 EVALUATION AND PLANNING SERVICES added information needed for its completion. The author may also 2.4 DESIGN SERVICES have revised the text of the original AlA standard form. An 2.5 CONSTRUCTION PROCUREMENT SERVICES Additions and Deletions Report that notes added information as 2.6 CONTRACT ADMINISTRATION SERVICES well as revisions to the standard form text is available from the 2.7 FACILITY OPERATION SERVICES author and should be reviewed. A vertical line in the left margin of 2.8 SCHEDULE OF SERVICES this document indicates where the author has added necessary 2.9 MODIFICATIONS information and where the author has added to or deleted from the ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES original AlA text. § 2.1.1 The Architect shall manage the Architect's services and administer the Project. The This document has important Architect shall consult with the Owner, research applicable design criteria, attend Project legal consequences. meetings, communicate with members of the Project team and issue progress reports. The Consultation with an attorney Architect shall coordinate the services provided by the Architect and the Architect's is encouraged with respect to consultants with those services provided by the Owner and the Owner's consultants. its completion or modification. § 2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare, and periodically update, a Project schedule that shall identify milestone dates for decisions required of the Owner, design services furnished by the Architect, completion of documentation provided by the Architect, commencement of construction and Substantial Completion of the Work. § 2.1.3 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. § 2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the design of the Project to representatives of the Owner. § 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner in the further development of the design. § 2.1.6 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. AlA Document 8141111-1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution of this AlA'" 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 AlA software at 11 :52:04 on 10/05/2004 under Order No.1000133008_1 which expires on 8/10/2005, and is not for resale. User Notes: (2027846873) . \ . § 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK § 2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current area, volume or similar conceptual estimating techniques. As the design process progresses through the end of the preparation of the Construction Documents, the Architect shall update and refine the preliminary estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. § 2.1.7.2 Evaluations of the Owner's budget for the Project, 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 familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 2.1.7.3 In preparing estimates of the Cost ofthe 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 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. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. § 2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. § 2.1.7.5 If the budget for the Cost of the Work 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 rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 1.3.8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. § 2.1.7.6 If the Owner chooses to proceed under Section 2.1.7.5.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. The modification of such documents shall be the limit of the Architect's responsibility under this Section 2.1.7. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not construction is commenced. ARTICLE 2.2 SUPPORTING SERVICES § 2.2.1 Unless specifically designated in Section 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. § 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. § 2.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and AlA Document 8141111-1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AlA'" 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 AlA software at 11 :52:04 on 1010512004 under Order No.1000133008_1 which expires on 8/10/2005, and is not for resale. User Notes: (2027846873) ':, 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. § 2.2.1.3 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, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. ARTICLE 2.3 EVALUATION AND PLANNING SERVICES § 2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this Agreement, including the Owner's program am.hchedule requirements and budget for the Cost of the Work, each in terms of the other. The Architect shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. § 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the information provided by the Owner of site conditions, and the Owner's program, schedule and budget for the Cost of the Work. § 2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall notify the Owner of anticipated impacts that such method may have on the Owner's program, financial and time requirements, and the scope of the Project. ARTICLE 2.4 DESIGN SERVICES § 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering services. § 2.4.2 SCHEMA TIC DESIGN DOCUMENTS § 2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed-upon program, schedule, and budget for the Cost of the Work. The documents shall establish the conceptual design of the Project illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and preliminary building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or combinations of these media. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 2.4.3 DESIGN DEVELOPMENT DOCUMENTS § 2.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality levels. § 2.4.4 CONSTRUCTION DOCUMENTS § 2.4.4.1 The Architect shall provide Construction Documents based on the approved Design Development Documents and updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and systems required for the Project. § 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of: (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. AlA Document8141111-1997Part2. Copyright ©1917, 1926, 1948, 1951, 1953, 1958.1961, 1963.1966, 1967, 1970,1974,1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution 01 this AlA"' 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 AlA software at 11 :52:04 on 1010512004 under Order No.1000133008_1 wI1lch expires on 8/10/2005, and is not for resale. User Notes: (2027846873) .. . , .; . . ARTICLE 2.8 SCHEDULE OF SERVICES § 2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: .1 up to Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. .2 up to One ( I ) visits to the site by the Architect over the duration of the Project during construction. .3 up to 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 up to One ( I ) inspections for any portion of the Work to determine final completion. § 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 responses to the Contractor's requests for information 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 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Service; .4 providing consultation concerning replacement of Work resulting from fire or other cause during construction; .5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work; .6 evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; .7 preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; or .8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work. § 2.8.3 The Architect shall furnish or provide the following services only if specifically designated: Services Responsibility Location of Service Description (Architect, Owner or Not Provided) .1 Programming --Architect/Owne r .2 Land Survey Services -Owner .3 Geotechnical Services -Owner .4 Space Schematics/Flow Diagrams -Architcct/Owne r .5 Existina Facilities Surveys -Not Provided .6 Economic Feasibility Studies -Owner .7 Site Analysis and Selection -Architect/Owne r .8 Environmental Studies and Reports --Owner .9 O'MIer-Supplied Data Coordination -Architect/Owne r .10 Schedule Development and Monitoring -Architect/Owne r .11 Civil Design -ArchitectlOwn~ r .12 Landscaoe Desian --Architect AlA Document 8141111-1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American InstiMe of Architects. All rights reserved.. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this AlA"' Document, or 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 AlA software at 11 :52:04 on 10/0512004 under Order No.100013300B_1 which expires on 8/10/2005, and is not for resale. User Notes: (2027846873) " \ , ... . , , - Services Responsibility Location of Service Description (Architect, Owner or Not Provided) I .13 Interior Design -Architect/Owne r I .14 Special Bidding or Negotiation -Not Provided I .15 Value Analysis -Not Provided I .16 Detailed Cost EstimatinQ -Architect I .17 On-Site Project Representation -Architect/Ownc r I .18 Construction Management -Not Provided I .19 Start-up Assistance -Architect I .20 Record Drawings -Architect I .21 Post-Contract Evaluation -Architect/Owne r I .22 Tenant-Related Services ----Not Provided .23 .24 .25 Description of Services. (Insert descriptions of the services designated.) ARTICLE 2.9 MODIFICATIONS § 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are as follows: hereto are incorporated into the Standard Form of Agreement Between the 0 B 141-1997, that was entered into by the parties as of the date: October 05, O~Je ~L ARC (Signature) (Signature) I Mr. Dale Cheatham, City Manager Arthur V. Phelps, Architect (Printed name and title) (Printed name and title) AlA Document 8141111-1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American InstiMe of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. 9 Unauthorized reproduction or distribution of this AlA'" 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 AlA software at 11 :52:04 on 1010512004 under Order No.1000133008_1 which expires on 8/10/2005, and is not for resale. User Notes: (2027846873)