14-R-60 - Marmon Mok Aquatic FacilityRESOLUTION NO. 14 -R -60
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE DESIGN SERVICES
AGREEMENT FOR THE NEW INDOOR AQUATIC FACILITY AND
ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into an Agreement with Marmon Mok for Architectural and Engineering services for
the design of the new indoor Aquatic Facility ; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into an Agreement with Marmon Mok and the Agreement attached hereto as Exhibit A (the
"Agreement').
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with Marmon Mok in substantially the form set forth on Exhibit A. The
total amount payable under this Agreement shall not exceed $650,800.00 plus $25,000.00 of City
contingency funds for a total amount of $675,800.00.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this � day of'--i_, 2014.
TEXAS
R Carpenter, Mayor
AST:
TTE
C\ Ted/
Brenda Dennis, City Secretary
(CITY SEAL)
56234811.1
EXHIBIT A
MARMON MOK AGREEMENT
§hATA nocumpmi nmo, - 200Y
Standard Form of Agreement Between Owner and Architect
AOREEMENTmodcasoflhc dayof Inlheyear
(G1 words, Indicate digit month mid ),ear.)
BETWEEN the Architect's client Identified as the Owner:
(Dare, legal sfahrs, address and other htfornmflor)
City of Scheriz
1400 Schcrtz Parkway
Schcrtz, Texas 78154
and the Architect:
(Name, legal stains, address mid other h forms tlo))
Marmon Mok
One Rlvenvalk Place
700 North St. Mary's; Suite 1600
San Antonio, Texas 78205
for file following Project:
(Name, location and defertled descriptim)
Aquntio Pncility
Schcrtz, Texas
'rho Owner and Architect agree as follows,
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ADDITIONS AND DELETIONS:
The author of this d=ment has
added Information needed for Its
eomptelion. The author may also
hAVO revised the toxt of Iho original
AIA standard form. M Adddlons and
Dolothns Report that rotes added
Information as well as revisions to
the standard form text Is available
from the author and should be
mdewed. A vedlcal ano in the Ie0
margin of this document Indicates
Where the author has added
necessary InfomtaVOn and where
the author has added to of deleted
from the original NA teal.
This document has Important legal
consequences. Commiallon with an
attorney Is encouragedwith respect
to Its completion or modiOcaVon.
,an,oauesen eroumoeuan OF 4
Fin maximum extent peealble
expves on 0511W619. and la nol
(MADA72)
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
T 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 AOREEMENT
EXHIBITA INITIAL INFORMATION
ARTICLE 1 INITIAL INF014MATION
§ Lt This Agreement Is based on the Initial Information set forth in tills Article I and In opllonal Exhibit A, Initial
Information:]::
(Conrpfete Lddbil r6 ]muted hilorulallmL and hncorporate It halo the Agreement at secllon 13.2, or state below
ladal hllormation such as details ofthe Projeci s she mnl progrmn, (toner's emdmctas and cmrndtnnls,
Architect's cmrsidtmrts, (hem's budget for the Cosl of the 11'ork, authorized representatives, anticipated
procurement method, and other bp`ornmilmu reletmu to the Project.)
A Natatorium consisting of an enclosed community pool of competition quality measuring twenty -five (25) yards by
twenty -five (25) meters and n second body of water measuring approximately (flirty -five hundred (3,500) square feet
by with a depth of zero Inches (0' -0 ") to a maxinuun of four feet zero Inches (T -04) and shall Include at n minimum
it romp, slide and exercise tires. Tile feel lily shalIcon lain locker and toilet facilities in addition to support areas as
required by the Owncr and the approved program. The primary pool area shall contain liming equipment and seating
for not less than three hundred (300) spectators, The Owner's budget for this Project is $8,000,000.00, which
Includes construction costs, contingencies, equlpnnent, mid all architectural/engineering fees associated with this
Agreement's Scope of Work, The Owner will procure construction using the Construction Manager At -Risk
(CMAR) delivery method.
§ 1.271e Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are
set forth below:
A Commencement of construction date:
November 2014
.2 Substantial Completion date:
InIL AIA Doeumont 0101-- 20071(ormedy 0101'•- 1991).CoptrlpMB 1974, 1970, 1087.1997
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§ 1.3 The Owner and Architect nay rely on the Initial Information, Built parties, however, recognize that such
Information may materially change and, in That event, the Owner and the Architect shall appropriately adjust ilia
schedule, Ilia Architect's services and the Architect's compensation.
ARTICLE2 ARCHITECT'S RESPONSIBILITIES
§ 2,1 T he Archilecf shall provide ilia professional services asset forth In this Agreement.
§ 2.2 The, Architect shall perform Its services consistent whir the professional skill and care ordinarily provided by
archilecis practicing in the scone orslmllor locality under the sonic orslmllarclrcumstances. The Architect shut[
perform Its services as expeditiously as Is consistent Willi such professional skill and care and the orderly progress of
Ole Project.
§ 2,11 The Architect designates Gregory J. Houston, ATA Principal, and Cody McBrcmty, Project Manager, as the
Architect's representatives authorized to act on behalf of the Archllect Willi respect to file Project. The Architect's
representatives shall be available to the Ownerat all reasonable tinges forconsullation with the Owner. The
Architect may not change its represenb Ives without written approval of the Owner. Such approval shall not be
unreasonably withheld.
§ 2.4 Except will the Owner's knowledge and consent, ilia 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.
§ 247he Architect shall provide and maintain llte following Insurance for the duration of this Agreement.
Professional liability shall be maintained for not less Ihal (2) years following Substantial Completion of rile Project.
Insurance of the following types and with IndemnlRcatlon limits not less than Ilia amounts Indicated are required:
(Jdent(fy types and !halts of frlsurmhce coverage, and other Insurance requirements epplfcnble to the Agreement, If
mg%) .
Profeselonol Liability: $1,000,000 p rclnim and $2,000,000 In the
aggregate
Workor'sCompensation $1,000,000.00
Comprehenalvo 0oneral Liability
I
Occurance 51,000,000,00
( Paragrrph DelelerlJ
Aggrogato $2,000,000.00
Personal Injury $1,000,000.00enchperson
(Coverago to Include groups A,0
& C w /oxcluelon "C" aggregato
removed
Autonlobllo Liability .
$1,000,000 combined single limit
Archllecl's Consultants
$500,000
(Paragraph Defeled)
.I The required insurance must be written by o company licensed to do business In Texas at the
time
The policy Is Issued. In addition, The company must be acceptable to the Owner. The Owner's
Representative will contact the State Board of Insurance to confirm that the Issuing companies tae
admitted and authorized to Issue such polices In rite State of
Texas.
Init. AIADOCUment D101TM- 20071formedy Dl6P•- 18q).Capdah10197 /, 1978, 1987, 1897 and 2007 by TheAmnk anlnareuloofMchaeda.A11U0hb
rdsON04.WARIIiI1a: This AIAaDocumenl Is prolocled by U.S. COpynohl Law and International Train as. Unauthadaedreproduellon or dl,aibullon of 3
Ihls Ala Document, or any radian of It, may vault In save,. clvll and odminal punoliles, and wit be proseeuled to the maximum extent poeel8ie
/ ,:a derlha law. This dowmenl msproductdbyAtAsoMaroa112 :40.60on0012712014 undo OrderW.7911813603wOkhe,peea an M16120fkmndli mI
Merest.
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(Paragraph Delcied)
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111e policy so Issued In the name orArchitm shall also nome the Oxvner as additional insured, except for
profcsslonal Ilnbility In,mawe nml worker's compensation insurm,co.'1'o Iho extent an Ar <hitccOs
Consultant is named as an additiomtl Insured on any policy hold by the Architect, s0parmo
coverage shall 1101 bo required of the Architect's Consullatus. All policies held by the Architect
shall bo primary
coxefago.
(Paragraph Deleted)
3. Archilect shall Nava its Insunmce carrier(s) fumish to Owner insurance certificates In form satisfnetory to
Owner spcelfying the types and amounts ofcoverago ht effccl, Ilia "silrodon dates ofeach poliuy,
u slalemeni 11101110 Insurance trill be cimcelotl or materially changed whilo the Work Is In progress
without thirty (30) calendar days prior written notice to Owner, mid n statement Ihnl, except ter
professlonal liability Insurance and worker's componsatlon insurance, Ilia Owner Is named as
nJdhinnnl InsuceJ. Archlled ahnll pcmdt Owner so ex0minc she Insuransc policies, ar al Om,or's
option, Archllcct shall furnish Owner with coplos, ceni0ed by Ilia cordei(s), oClasuronce policies
required. If Architect neglcels or roluses to pmvlda any Insurance required herein, or Ifony
Insurance is concelcd, Owner mny, but $1,311 not be obligated to, procure such Insurance At
Architect's
cxlmnsa.
f lnsuinncu pruvhdcd pursuant (o this Section shall be considered apart of tile Architect's Basic services nail sIm11
not be Reimbursable Expense within Ilia scope of Section I I.S, or ether provlslons of [Ills
Agreement. \
.5 Archhafs (IcnerolLlability,Aulamabllel. lability, nndR' orku' sCOmpens ;,tl0nlnsuroneepoliclesshallbo
endorsed to provide it w'ulver ofsubrognrlon In favor of the
Owner.
( Paragrap)t Deleted)
ARTICLES SCOPE OFARCHITECT'S BASIC SF.RVICH
§3J The Archilm's basic Servlcos consist of Ihose described lit Ardclu 3 and Include usual and customary
structural, mechanical, and ciccbical engineering services. Services nut set forth In this Article 3 arc Additional
services.
§ MA The Architect shall manage the Arohilect'sscrOM, consult with the Owner, research applicable design
criteria, attend Project incolings, communicate with members of the Project leans mid report progmss to the Owner.
The Archlte t sball assist in Il,u selection of Consiruvllon Ma ringer and sliall consult with she Constmolion idanger
during the design phase to ma ultdo Ilnoproject budget, Increase value to the Owner, and ensure cuns(mctubility. Tile
Arehitcel shell provide draft design documents for estimaling mid pricing sit Ilia Mo, 6016 and 90 °%completion for
mviow by tie 0nncr mid Iho Cunsln cRon Manager,
§ 3.1.2 Tho Arcldlax shall coonlinoie its sasvicos with those services provided by (lie Owiser and the Owner's
emmull ohs. The Architect shall be entitled to rely on the accuracy runt completeness of se;vicos mid Infomntion
fumished by Ilse Owner mid Ilia owner's consulanls.'flie Architect shall provide prompt wYI11e0 notice to the
Own,or II'lhe Archllcct becomes mwur. of miy error, omissiois or Inconslsleuoy in such scrvicos or information,
§ 3.1,3 As soon it, practicable allerthe dale ol'thlsAgreement, Ilse Archllcct shall submit for the Owner's approval a
schedule for Ilia performance ortho Archhaa's services. The schedule initially shall Include anticipated dates for the
cormmericenienl ofconslnetion And for Sutulnmial completion ofthe Work as set Ibnh In the Initial Information,
'file schedulo shall Include allmvonces for periods of little required for Ilia Owners roviow, for she perfomsanco of
dulOwncr's eonsuhanls, and for approcnl of submissions by authorities having jutisdictlon over Ilia Project. Once,
npl)Puvetl by Iho 0wiler, little Iimllsestabhlsh ed by the schaluhe shall1101, except for reasonable cause, be uxceedod
by (he Architect. With the Owner's approval, the Architect shall ut(lust rhu schvdulc, Ifncces5my, as Iho project
proceeds emit Iho commenccmcut of canslnicllon.
§ 314110 Architect shall not bu rasponsihlu for on Owner's directive orsuballludon made without Ilia Architect's
approval.
WAS
§ 3.1.6 The Archllccl sholI, at appropriate times, contact the governmental authorities required to approve the
Constntetlon Docmuotts and the entities providing ulll(ly services to the Project. In designing the Project, (he
Architect shall respond to applicable design requirements imposed by such governmental authorities end by such
entities providing utility services.
§ 3.1,6 Tito Architect shall assist lite Owner in connection With the Owner's responsibility for riling documents
required for life approval ufgovcmuantul ou(horitim lining Jurisdiction over ilia Project.
§ 3.2 SCIIE61ATIC DESIGN PHASE SERVICES
$ 3,2,1 The Architect shall review the program and other infomtation ftlmished by the Owner, find shall review laws,
codes, and regulations applicable to the Architect's services,
§ 3,22 The Architect shall prepare It preliminary evaluation of the Owner's program, schedule, budget for the Cost
of ilia Work, Project site, and line proposed procurement ordcdivery method end other Initial Information, each in
Counts of life other, to ascertain the requirements of the Project. The Architect shall notify Cite Owner of (1) any
Inconsistencies discovered ht ilia Information, and (2) other brfomntion or consulting services that may be
reasonably needed for (lie Project.
§ 3.2,3 The Architect shall present Its preliminary evaluntion to ilia Owner and shall discuss with the Owner
alternative approaches to design and consimction of the Project, including the feasibility of Incorporating
environmentally responsible design approaches,'nne Architect shall reach an understanding with lire Owner
regarding the requirements of lie Project,
§ 3,24 Based on the Project's requirements agreed upon With the Owner, the Architect shall prepare mid present for
the Owner's approval up to three preliminary designs illustrating ilia scale and relationship of the Project
components.
§ 3,2,6 Based on ilia Owner's approval of a preliminary design, theArchilecl shall prepare Schematic Design
Documents for the Owner's approval. The Sehemnllc Design Documents shall consist of drawings and other
documents including a site plan, if appropriate, and preliminay building plans, sections and elevations; and may
Include softie combination of study models, perspective sketches, or digital modeling. Preliminary selections of
major building systems land construction materials shall be noted on the drawings or described In writing.
§3.2.6.1 The Architect shall consider environmentally responsible design alternatives, such ns material choices slid
building orientation, together With otherconsiderations based on program slid 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.
§ 33.6,2 The Architect shall consider the value of alternative materials, building systems and equipment, together
with other considerations based on program and acstlreties, In developing a design for lie Project (hat Is consistent
with the Owmer's program, schedule and budget for life Cost of the Work.
§ 3.2.6 The Architect shall su boil to the Owner an estimate of the Cost of the Work prepared In accordance with
Section 6.3. If a Construction Manager has been selected by ilia Owner during this Phase, the Architect shall
coordinate and work with the Construction Manager In preparing an estimate of (he Cost of the Work.
§ 333'fhe Architect shall submit line Schematic Design Documents to line Owner, and request (he Owner's
approval.
§ 3.3 DESIGN DEVELOPMENT PHASE SERVICES
§ 3.3.1 Based on life Owner's npproval of rite Schematic Design Documents, and on the Owner's authorization of
any adjustments in the Project requirements rod Iho budget for Ilia Cost of life Work, list Architecl shall prepare
Dcslgn Development Documents for Clio Owner's approval "fine Design Development Documents shall illustrate and
describe the devolopment of the approved Schematic Design Documents and shall consist of drawings find 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, stnlcluml, mechanical and
AIA Document 010Pe -2007 fomlody D161 -- 199r).COpyd0lhlar974, 078, MY, Winond2W7 byTho AmedcenhooluCe ofArdr40gs, A0 dahb
Intl rosorved.WARNINO: This Alit Document la protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or dlabibuhm
Ibis AIAe Document, or any poraon of it, may result In severe clvll and criminal penalties, and vdll bo prosecuted to flit maximum extent possible
I"•`} nderthe law.Th!s decumenlwas produwtl byAtA soaweroat 12 :40.60criM712014 under Order fro. 7001612103xakhexpires on 116I2015,mdlsw
\7 user of (389ADA22)
(/1 oflatest.
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clechical syllims, and such otherclaments as may be approprialo.'fh0 Design Development Documents slmll also
Include outline sp eclReations dint ideality major materiels mid systems end establish In general their quality levels.
§ 3,33 The Architect stroll coordli mooted work with Ille Conslmdion Manogcr to updato the estimate of the Cost of
Ilre Work previously snbmlued Pursuant to Sedlon 3.2.6.
§ 3.3,311n: Architect shall submit the Design Development Documents to the Owner, advise Ilse Owner orally
Adjustments to Iho estimate of the Cost of ilia Work, and request the Owner's approval.
§ 3,4 CONSTRUCTION DOCUMENTS PHASE SERVICES
§ 3.4.1 Based on Iho Owner's approval of 1110 Dasign Devolopmvnl Docullimnts, mid on the Owner's authorization of
any m$uslrncnls In the Project requirements and tine budgei for the Cost of tiro Work, Ilia Architecl shall prcporo
Conslnmtion Documents for the Owner's Approval. The Canslructlon Documents shall Illustrate and describo the
lbrthcr dcvclopiumn of III Approved Design Development Dooumcnls and shall wlsisL ofDmwings and
SPalRcallons selling forth in dciall the gtmll {y levels of materials and systems mud other requlrommts for the
construction of The Work, The Owner end Architect acknowledge that In order to construct the Work Iha
Construction Manager wl II provide addillonal hilbnnall0n, Including Slwp Dru +rings, Praduci Data, Samples and
olhcr slmllor submittals, which the Atddtect shall raview In accordance with Section 3.6: s.
§ 3.437ho Architect shall incorpomto into the Construction Documwnis the design requirements of governmental
authorities having jurisdiction over 11m Project In o0cob m Um time of document preparation or reasonably
farosceabl0.
§ 3A.3 During ilia development of the Construction Documents, the Architect shall mist ilia Owner In the
development said preparation of (1) bidding And procurement Information (ha[ describes the [into, place tend
conditions of bidding, Including bidding or proposal forms; (2) the form of agreement between ilia Owner and
CmtslnrUlmi Manager, mid (3) Ilia Conditions of 1110 Contract for Construction (Oateml, Supplementary And ollrcr
Condlllou), Tire Architect shall also campilo a project manual that Includes ilia Conditions of lho Contract for
Conslnrcllon and SPIT I awl low and may Include bldding requirements mid sample forms.
§ 3.4.4 The Architect shall coordinalo And walk with Ilia Cansrrucllon Manogcr to update Ilia estimate oftho Cost of
Iha Work previously submltlo'J pursuant to Section 3.3.2.
§ 3.0 The Aichhecl shall subunit the Construction Documents to the Owner, advise ilia Owner of any adjustments
to [he esl{mmo of ilia Cos{ of dr Work, tokc Any Action required under Section 6.5, and request the Owner's
Approval.
§3.5 BIDDINOORNCOOTIATION PHASE SERVICES
§ 3.5.1 OEiIERAL
'Ilia ArchlteelslmlI Assts[ the Construction Managarandfor Ilia Owner In establishing a list ofprospective
contractors. Pollawing ilia Owner's approval of Ilia Cotsslruclion Docummus, thoArchitect shall Assist the Owner In
(1) ob[aInIng either connpelllivo bids or negotiated proposals; (2) coaDrming responsiveness of bids or proposals; (3)
determining [ho successful bid or proposal, If any; and, (4) nwnnling and preparing contracts for construction.
$ 3,6.2 COMPETITIVE: BIDDING
Hldding Docmnenls shal I consist of bidding requhemenis and proposed (011iFoci Docu nclus.
§ 3,63.2'IlicArchheet shall assist IIm Owner In bidding ilia project by
.1 procuring the reproduction of Bidding Documcing ford Islilbotion to prospectivabidders;
.2 distributing Ilia Bidding Doc n ienls to pruspeelivo bidders, requcsdng their return upon completion of
lha bldding pracass, and mulnmhdng a log of distribution And retrieval mid of tho mnoanls of
deposits, Ifaiy, received from and temrned to prospective bidders;
.3 organizing and conducting It pro•bld confcrcnao forprospeetive bidders;
.4 prgwingresponsesto questions Bell, prospeclivablddersundptovidingcladtieullonsunit
Interpretations of ilia III ddhng Uaeoln0ms to all prospeclivo bidders In Iho form of addenda; and
,6 organizing mid conducting the opening of the bids, and subscquenlly documenting and distribudug Iho
bidding results, as directed by fl o0nncr,
§31.613 The Architect shall consider requests for substitutions, If the Bidding Documents permit substitutions, and
shell prepare and distribute addenda identifying approved substitutions to all prospective bidders,
§ 3.6.3 NEGOTIATED PROPOSALS
§ 3,6,11 Proposal Documents shall consist of proposal requirements and proposed Contract Documents.
§ 3.6.3.2 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 coninctors; mid
.3 participating in negollallons wilt prospective contractors, and subsequenlly preparing n summary
- report of the negotiation results, as directed by the Owner.
§
3.6.3.311D 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
§ 3.611 The Architect shall provide administration of the Contract between ilia Owner and the Construction
Mnnager as set forth below mid in AIA Document A201T`I -2007, General Conditions of the Contact for
Construction, as modified by the Owner. Should The Architect determine that the Owner's modifleallons to the A201
alter the Architect's scope of services or require services which the Architect cannot perform, the Architect will
noltfy, ilia Owner orsach dctemdnation, in writing, and seek a change order to this Agreement or Rather
modification to the A201.
§ 3.6.1.2 The Architect shall advise and consul[ with The Ownerduring the Construction Phase Services. Tire
Architect shall have authority to act oil behalf of the Owner only to the extent provided in this Agreement. no
Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques,
sequences or procedures, or fur safety precautions and programs In connection with tiro Work, nor shall ilia
Architect be responsible for the Construction Manager's failure to perform the Work In accordance with the
requirements of the Contract Documents. The Architect shall be responsible for die Architect's negligent acts or
omissions, but shall not have control overorcharge of, and shall riot be responsible for, acts or on fissions of the
Construction Manager or of any other persons or entitles performing portions of the Work,
§ 3.61.3 Subject to Section 4.3, The Architect's responsibility to provide Construction Phase Services commences
with the execution of ilia Guaranteed Maximum Price Amendment between the Owner and the Construction
Manager and Terminates on ilea dale the Architect Issues The Mal Certificate for Payment.
§ 34.2 EVALUATIONS OF THE WORT(
§ 3,6,2,1 The Architect shall visit One she at intervals appropriate to the stage of construction, or as otherwise
required In Section 4.3.3, to become generally familiar %%-hit tire progress and quality ofthe portion of tire Work
completed, and to determine, ht general, if The Work observed Is being performed In it manner Indicating that the
Work, when fully completed, will be in accordance with the Contract Documents. On the basis of the site visits, the
Architect shall keep file Owner reasonably Informed about The progress and quality of the portion of the Work
completed, and report to [lie Owner (1) known devimlons from fire Contract Doctmrenisand from The most recent
construction schedule submitted by ilia Construction Manager, find (2) defects mid deficiencies observed hr ilia
Work, Failure to nolily time Owner of observed defects and deficiencies constitutes a breach of this Agreement shall
be n deviation from ilia Architect's agreed standard of professional care.
§ 3,6,2.2 The Architect has the authority to reject Work that does not conform to Ilia Contract Documents, Whenever
the Architect considers it necessary or advisable, Ito 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 this authority of the Architect nor a decision made In good faith
either to exercise or riot to exercise such authority shall give rise to a duty or responsibility of the Architect to the
Construction Manager, Subcontractors, nmterlal and equipment suppliers, their ngents or employees or other persons
or entities performing portions of the Work.
lull AIA D4eumantb101' - 2007(formerly 11l6P -- 1997). CopAht0i974,1078, 1097, 1097 and 2007 by The/vnerkanfnsnuloofArchleas, All rights
ratafvad. v/ARNINO: TMs AIRS Document Is protected by U.a. Copyright Lnw and laternaaanal Trealles. Unauthodted rap,oducmon or dnmbu0on
this AIA° Document, or any portion of II, may result In a0varo civil and criminal Panama, Ind x91 be pro5eeuNd to The maximum extent {OWNS
/(' —'., . fndof the law. This dowmem was praduced by AIA SUhrare 9112 OM M 0w2712014 under Order No.70319 x900 wakh expaes on 09/11J7015, end fs no
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§ 3.6.2.3 The Arcldlect shall antegmcl and decide in concerning performance under, and requirements of, the
Contract Documents on written request of either Ore Owner or Conslructloo Manager. The Architect's response to
such requests shall be made hr wriOng witldn nay time limits agreed upon or otherwise wilir reasonable promptness.
§ 3.6,2A Interpretations mid decisions of the Architect shall be consistent with the Intent of and reasonably iderable
from the Contract Documents and shall be in writing or in tic form of drawings. When making such Interpretations
and decisions, the Architect shall endeavor to secure faithful perfonnnnce by both Owner and Construction
Manager, shall not show partiality 10 either, and shall not be liable for results of Interpretations or decisions rendered
In good faith. The Architect's decisions on matters relating to aesthetic effect shall be subject to the Owner's
approval.
§ 3.6.2.6 Unless the Owner and COIIstmClion Monngerdesignate auotherperson 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
Ilia Owner and Construction Manageras provided in the Contract Documents.
§ 3.6.3 CERTIFICATES FOR PAYMENT TO CONSTRUCTION i4ANAGER
§ 3.6.3.1 Ilia Architect shall review' and certify the amounts due the Construction Manager and shall issue
certificates in such amounts, Tire Architect's certification for payment shall constitute n 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
Construction Manager's Application for payment, that, to the best of the Architect's knowledge, Infommlion and
belief, the Work Ics progressed to The point indicated and that the quality of the Work Is in accordance with the
Contract Documents. Tire foregoing representations are subject (1) to an evaluation ofthe Work for conformance
with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and Inspections, (3) In
correction of manor devinlions from the Contract Documents prior to complelion, and (d) to specific qu flons,l(3) t
expressed by the Architect.
§ 3.6.3,2 The issuance ofa Certificate for Payment shall not be a representation flu ill lite Architect has (1) made
exhaustive or continuous on-site Inspections to check The quality or quantity of Ilia Work, (2) reviewed construction
means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received front
Subcontractors and material suppliers and other data requested by the Owner to substantiate the Consiructlon
Manager's right to payment, or (4) ascertained how or for wind purpose the Construction Manager has used money
previously paid on account of the Conlmct Sum,
§ 3.6.3,3 TheArchhecd shall maintain a record of the Applications and Certificates for Payment.
§ 3.6.4 SUBMITTALS
§ 3.6.41 Ilia Architect shall review the Construction Manager's submlltal schedule and shall not unreasonably delay
or withhold approval. The Achltect's sclion in reviewing, approving, or not npprovingsubmittals shall be taken in
accordance with the approved submittal schedule or, in Iho absence of au approved subnlial schedule, within ten
(10) days.
§ 3.6.4.21n accordance with the Archllecl- approved subnwittst schedule, tine Architect shell revlew and approve or
lake olhcr appropriate action upon the Construction Manager's submittals such as Shop Drawings, Product Data and
Samples, but only for the limited purpose of checking for conformance with information given nod ilia design
concept expressed In the Contract Documents. Review of such submittals Is not for the purpose of determining the
accuracy and completeness of other Inromiatlon such as dimensions, quanlilies, and installation or perfomance of
equipment or systems, which are the Constriction Manager's responsibility. 7Tie Architect's review shall not
constitute approval of safety precau[lolls or, unless olhenvlse specifically staled by the Architect, of any consi auction
meats, methods, techniques, sequences or procedures. Tic Architect's approval of n specific item steal I not Indtests
approval of an assembly of which the Item is n component.
I § 3.6.4,3 R the Contract Documents specifically require Ore Constnction Manager (o provide professional design
services or certifications by n design professional related to systems, materials or equipment, the Architect shall
Specify Ilia appropriate perfonnnnce and design criteria that such services must satisfy. Tare Architect shall review
Slop Drawings and othersubmll(als related to the Work designed or certified by lie design professional retained by
the Cons(nclion Monagertiml bear such professional's seal and signature when submitted to lane Architect. The
M »hi(cc( 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 t o t he provisions of Section 4.3, ilia Areldlecl shall review and respond to requests for Information
about the Contract Documents. The Architect shall 30 forth In the Contmct Docunnenls lire requirenienis for requests
for Information. Requests for iafonnation shall Include, at o minimum, a detailed written statement that indicates the
specl0u Drawings or Specifications in need ofclarincation and the nature of the cladRcation requested. The
Architect's rosponso to such requests shell be made in writing within any time limits agreed upon, or otherwise with
reusonablo promptness. if appropriate, the Architect shall prepare grid issue supplemental Drawings and
SpeclOcalions in response to requests for I ifom alion.
§ 16.4,6 Tlno Architect shall maintain a record of submittals and copies of submittals supplied by the Construction
Manager In accordance with the requirements of file Contract Documents.
§ 3.6,6 CHANGES IN THE WORK
§
3.6.6.1 'File Architect may authorize minor charges In the Work that are consistent with Ilia Intent of the Contract
Documents and do not Involve an adjustment In the Contract Sum or nn extension of Ile Conlrecl Time. Subject to
The provisions of Section 43, the Architect shall prepare Change Orders and Construction Change Directives for the
Owner's approval and execution in accordance with the Contract Documents.
§ 3.6.6,2 The Architect shall maintain records relative to changes In ilia Work.
§ 3,6.6 PROJECT COMPLETION
§ 3.6,61 'file Architect shall conduct Inspections to determine the date or dates of Substandn) Completion and tie
dmu offinal completion; Issue Certificates of Substantial Completion; receive from (he Construction Manager and
forward to the Owner, for the Owner's review and records, written warranties and reinted documents required by the
Contract Documents and assembled by the Conslnretion Manager; and Issue a final Certificate for Payment based
upon a final Inspection indicating The Work complies with ilia requirements of the Contract Documents.
§ 3.6.6.2 Tine Architect's Inspections shall be conducted with the Owner to check confamiance of the Work with the
requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the
Construction Manager of Work to be completed or corrected.
§ 3.6.6,3 When the Work is found to be substantially complete, the Architect shall infomn the Owner about the
balance of (he Contract Sum remaining to be paid tie Conslnretion Manager, Including the amount to be retained
from the Contract Sun, ifany, for final completion or correction of the Work.
§ 3.6,6A The Architect shall forward to The Owner the following Information received front Ilia Construction
Manager; (1) consent of surety or sureties, if any, to reduction In or partial release of rotalnage or the making of final
payment; (7) aDTdaviis, receipts, releases and waivers of liens or bonds indemnifying lite Owner against lions; and
(3) any other documentation required ofthe Construction Manager under the Contract Documents.
§ 3,6,6.6 Upon request of the Owner, and prior to ilia expiration of one year from the date of subs(ani of Completion,
fie Architect shall, without additional compensation, conduct a meeting with Iho Owner to review the facility
operations and performance.
ARTICLE4 AODITIONALSERVICES
§ 4.1 Additional Services listed below are not included in Basic Services but may he required for the )'reject. The
Architect shall provide tine listed Additional Services only if specifically designated In the table below as the
Areliltecl's responsibility, and the Owner shall compensate the Architect as provided In Section 11.2.
(Designee lire Add/taml Sevices ilia Architect shall provide fir the second cobann oldie table below. In the third
cohann Indleare whether ilia service descriptlon Is located in Section 4.2 or bl an aitnched exldbli, Ifbh an exbibli,
Identify the exhibit.)
InIL Am Doeum
resumed. W
this AIAa A
under ate to
bier Holes:
\-xll
1697 m d 2007
(a82ADA22)
AddlllonalSorvlcss
4.1.1 Prommmin L
ReeponelhllNy
(Archltecl, Owner
or Nor Provided)
LocellonofSarNooDescrtpllon
(section 4.2 below or !n an
eahlbll anocherl to lids docporenl
and idenli ed below
@41,2 Mutloprem n9
94,1.3 Mcmilreddrowings
4,1.4 RxislhigfaollitiusauMays
4.1.6 SiieL'valumlon and Morin D203 *^r -2007
11ullding infommllon Modeiing (R202T11-
2008
4.1.7 Civil engineering
4.1.6 Lnndsca o des! n
§4.1.8 Archlleciprol(nicriorDesign 25211c -2007
4.1,10 VnlucAuol 319 0204711 -•2007
4.1.11 Dctslled cost estimating
$ 4.1.12 0114110 Project RCprosenlation (02071`x-
2008
M1.7.13 Confomledco tuollondoculnents
4.1.14 As -Dail nod Record drawJn s
.§4.1.96 As•Conslrocled Recent drow•ht s
§ 4.1,15 11031 occupancy evaluation
4.1.17 Facility Supnorl Services (1121 011A 2007)
4.1.18 Teripalrololed6ervloos
A.L18 Coordirolionofosyncr `aconsultants
4.120
3dew.. a collon /dntadcsi n
Scene § 4.1.21 y 1, aluallon and Planning (02061AC-
2007
04.1.22 Commissioning (11211711-2007)
§A.L23 Rxlcnsivocnvlrotm3enlall- responsible desl t
4.1.24 41160 *Ccnifrcatioll D21,191 -2012
4.1.26 Pasl•itack design scn9ces
4.1.28 HlslorioPrescrvallon 205111-200
§4.1.27 pumilitia, Furnishings, and Equipment Design
11253111 -200
§ 4.2 kocd a description of each Additional Service designated In Section d.1 os Iho ArchllceI's rwponslbllity, if nol
Ibdher desedbetl in ms exhibit mlached to Ihis document.
041 Askllllonal Scrvlous may be provided a0ertucution of this Agreamenl, without invalidating the Agreement.
Except for services required dim tolhc fault of the Archlicd, any Additional SclAm provided In accordance with
this Section 4.3 shall bo compensated as provide in section 11.2, '1110 provision ol'Addilionni Services In excess of
those referenced In this Section 4, ct Ill. shall not onllllo the Architect to additional comperuatlon or an adJuslmenl In
IlicArchliect's schedt to unless spccilicnliy authorized by Owner and memorialized by written change order to this
Agreement.
94.3.1 Upon recognizing Oto need to pelicim the following Additional Services, the Arehlleel Shull notify the owner
with rensonabic promphim and explain 1110 @cis and olreummonces givingrlse to the need. ThriArchitect shall not
proceed to provido the following services un01 the Aichlt"t iccolves 1110 Owner's wridun mdliodullon. Such
written muhorizallon to proceed shall not be construed as n chnngo order oraequleseence to n request for change
eider unlace the Owner expressly states 111 such %M11cn mnhoriznilon that the notice constitutes a chango order
enlldingthcArchlteettoodditlonal compensation:
10
.1 Services necessitated by a change In the Initial I nfinnuallon, 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 line Owner's request for extensive environmentally responsible design
alternatives, such as unique system designs, In -depth material research, energy modeling, or LEGDA
certification;
.3 Changing or editing previously prepared Instruments of Service necessitated by the enttelmom or
revision of codes, lases or regulations or official interpretations, not reasonably foreseeable;
.4 Services necessitn ct! by decisions of the Owner not rendered in a timely manner or any other fallurcof
Performance on the pmt of the Owner or the Owner's consultants or contractors;
,6 Preparing digital data for transmission to tine Owner's consultants and contractors, or to other Owner
authorized recipients;
.6 Preparation of design and documentation for alternate bid or proposal requests proposed by the
Owner;
.T Preparation for, and attendance at, n public presentation, meeting or hearing, other than oily council
meetings;
.8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the
Architect Is party thereto;
.8
Consultation concerning replacement of Work resulting from fire or other cause during construction; or
(Borogroph Deleted)
§4.3.2're avoid delay in the Construction Phase, the Architect shall provide the following Addidoml Services,
notify the Owner with reasonable promptness, and explain the fuels and circumstances giving rise to the need. If the
Owner subsequently detemdnes that ail or parts of those services ore not required, the Owner sholI give prompt
written notice to the Architect, and the Owner shall have no finrther obligatlon to compensate the Architect for those
services: .
(Poragroph Deleted)
Preparing Change Orders and Construction Change Directives [list require evaluation of Construction
Mnnnger's proposals and supporting data, or the preparation or revision of Inslmmcnls of Service;
.2 Evaluating an extensive number of Claims as the Initial Decisimn Maker;
.3 Evaluating substitutions proposed by'tile Owner or Construction Manager and making subsequent
revisions to Instruments of Service resulting therefrom; or
.4 TO the extent the Architect's Basic Services are affected, providing Construction Phase Services 60
days alter (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substadiah
Completion idenllfied in Initial Information, whichever is earlier.
§ 4.13 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional
Services. When the limits below are reached, the Architect shop notify the Owner:
.1 TWo ( 2 ) reviews of each Shop Drawing, Product Data item, sample and shmilnrsubmittal of the
Construction Monger
.2 Filly -two ( 52 ) visits to the site by the Architect over the duration of the Project during construction
.3 '11vo ( 2 ) Inspections for any portion of the Work to detemdne whether such portion of the Work is
subslnndnlly complete fn accordance with the requirements of the Contract Documents
A Two ( 2 ) Inspections for any portion of the Work (o determine final completion
§ 4,3.4 If the services covered by this Agreement have not been completed within Twenty ( 20 ) months of file date
of this Agreement, through no fault of the Architect, extension of the Aroh(lect's services beyond that time shall be
compensated as Additional Services.
ARTICLES OWNER'S RESPONSIBILITIES
§ 6.1 Unless otherwise provided for under this Agreement, the Owner shall provide Information In a [lately rummer
regarding requirements for and limitations on the Project The Owner shall famish to the Architect, within 15 days
after receipt of written request, Information relevant for the Architect to evaluate sonic.
hilt. nm vacumem uwv - -auv, norm
ms rued. WARNING: lib Alta Dot
this AIAs Document, or any portion
nder the law,ThI Kvmennwaspo
a mwne.
`•Yy Ustrnolos:
oshlbuuon or 71
n possible
II5,endlsno1
(363ADA22)
§ 6.2'flioOnnur shall ostoblIsh amt porlodicolly update the Owner's budget for tho Projcel, hneiudiag (I) Iho budgcl
for the Cost of the Work as defined In Seelion 6,1; (2) 1 h Owner's other costs; and, (3) reasonably eontinganaios
Fainted in all oflhese costs. If Iho OAMF significantly Increases or decraoses Iho r)w71er'3 budgM for the Cost of the
Work, IIto Owner shall notify the Archhocl, The Owncr and ilia Architect shut] thewaficr ogree to a corresponding
chango In Ilia Pmjeat's scopo and quality.
§ 6.3 Yho 0ttner Identifies i'hil Oaudreau, Jnckson AAC Assoc, Inc. As Its roilmsmativa authorized to act on the
Owner's behalfsviih respect to ilia Project. 'f ie Owner shut] ronder decisions and Approve ilia Architect's sulxntua]s
In n Ilmely manor In order to Avold unreasonable delay in the orderly and sequonlial progress of ilia Architect's
services.
§ 6A The Owner shall furnish surveys to describe physical characteristics, lugul limitations, and utility lovodum for
the alto ofiho project, And n lvritlen legal description of till Ate. Tla) surveys and legal Infomtallon shall Include, ns
Applicable, gmdcs and lines of streets, alloys, pavements and Adjoining property and simctures; designated wcllands;
adjamitdrainage; rights•oFsvw, restrictions, ensennonls, encroaclnnenis, toning„ decd restrictions, boundaries and
contours ordnc site; locations, dlnsensions and necessary Jain with respect to existing buildings, other Improvements
and netts; and Informatioscauandng availabio utility services and lines, both public and private, above and below
grade, Inrluding inverts and depths. All the Inrornaion on the survey shall be refcrcnrcd to a 1'ro)eo benchmark.
§ 6.6'I 'lie Owner shall Nrnish services of gcotechnlcad engineers, which may Include but arc not limited to lost
borings, test pits, delcmdnvions of soil bcaahag values, percolation tests, evaluallmns of hazardous mnterinls, solsmic
evaluation, ground eonnsion tests and lesislivity tesls, including necessary operations for anlictpnling subsoil
conditions, with mitten reports and eppropdate recommendations.
§ 6-Ville Owner $hail coordinate the services of Its own consultants with those services provided by the Architect,
Upon the Architect's request, the Owner shall tannish copies of the scope ofscrvices In the contracts between tine
Owner and the Owner's cousudlonls.1lto Owner shall Ihmish the serviccs•orconsuhonts other than those designated
In this Agreement, or aulhorite the Arhhitect to furnish them As an Additional Service, when duo Architect requests
such services and dcmonsirales [hai they are reasonably saquired by the scope oftho project, 'file Owner shall
require dim its oonsultonls maintain professlotnl liability inrumnoo As Appropriate to the services provided.
§ 63 The Owner shall finmish tests, Inspections And reports required by law or ilia Contract Documents, such as
adnwlural, muchanical, and chemical tests, tests for fib and water pollution, and tests for hazadous materials.
§ 6.0 Ilia Owner shall Jhndsh all legal, Insurenco and accounting services, Including auditing services, that rosy be
reasonably Ilmssary at filly lime for the ]'reject to meet the Owner's needs And Interests.
§ 6.017w Owner slinll provide prompt written notion to ilia Architect if Ilia Owner becoum mvare of Any fault or
defect in ilia project, including errors, omissions or Inconsistencies its th; Architect's Instruments of Service.
§ 6.10 Except as othenvlso provided in this Agreement, or when direct communicadluns have been stimIally
nulhodzed, rho Owner shall endeavor to comet nIcalo will the Construction Managerand the Architect's consultants
through t Architect about matters prising out ofor reiaiing to ilia Contract Documents. ThuOwner shall promptly
noliry ilia Architect of any discos connmunicmions that may Affect the Architect's services.
§ 6.11 Before executing Ida Conlmct for Construction, the Owner shall coordinatto the Arclihm's duties and
responsibilities sat forth In Ilia Contract for Construction wllb tilt Architect's services set forth in this Agreement.
The Owner shall provide ilia Architect a copy of Ilia executed ogreemcat between the Owner and Construction
Momnger, including the Ocm:md Conditions of tho Contact for Construction.
§ 6.12'1 he Owner shall provide the Architect Access to ilia Project site prior to commencement of [lie Work and shall
obligate ilia Constmcilon Manager to provide the Architect access to the Wok wherever it is In preparation or
progress.
12
ARTICLE 6 COST OP THE WORK
§6.1 For purposes of this Agreement, the Cost of the Work shall be ilia total cost to the Owner Io constmcl ell
elements of the Project designed orspecifled by the Arcldleal and shell include contractors' general conditions costs,
overheod and profit, The Cost of the Work does not Include the compensation of lho Architect, the costs of the land,
rights-of-way, financing, contingencies for charugas In the Work or other costs 11141 are lire responsibility of the
Owner.
§ 11.2 The Miter's budget for the Cost of 11ue Work is provided In Initial Infom1411on, and may be adjusted
throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of One Owner's budget for the Cost of
One Work, the preliminary estimate of ilia Cost of the Work and updated estimates of the Cost of the Work prepared
by ilia Architect, represent the Architect's Judgment us a design professional. R is recognized, however, thol neither
the Architect nor the Owmer has control over the cost of labor, 1114lerials or equipment; the Cmnslnicl(on Manager's
malhods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, ilia
Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's
budget for ilia Cost of the work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by
Ilia Architect.
§ 6,3 In preparing estimates of Iite Cost of Work, the Architect shall be permitted to Include contingencies for
design, bidding mud price escalation; to dcicmdne what mnlerials, equipment, component systems mid types of
constmcilon are to be included tin the Contract Documents; to make reasonable adjustments In ilia program and
scope of ilia Project; and to Include In the Conitacl Documents alternate bids as nuay, be necessity to mfpst 1110
esdmnted Cost of the Work to meet Ilia Owner's budget for the Cost of the Work. The Architect's estimate of file
Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If ilia Owner
requests detailed cost esiininting services, Ono Architect shrill provide such services as an Additional Service under
Article 4.
§ 6.41f ilia Bidding or Negotiation Phase tins not commenced within 90 thys after the Architect submits ilia
Construction Documents to Itie Owner, through no fault of the Architect, One 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 lime the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost orthe
Work, the Architect sholI make appropriate recommendations to the Owner to adjust the PrejcctIs size, quality or
budget for the Cost of Ilia Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.61f ilia Owner's budget for the Cost oftho work at the coral uslon of The Consmnction Documents Phase
Services Is exceeded by the lowest bona fide bid or negotiated proposal, ilia owner shall
.1 give written approval of on Increase in ilia budget for the Cost of the Work;
.2 authorize rebidding or renegotiating of Ilia Project within a reasonable lime;
,3 terminnle In accordance with Section 9.5;
.4 in consultation with ilia Architect, revise the Project progrann, scope, or quality as required to reduce
Ilse Cost of tine Work; or
.5 Implonenl any other mutually acceptable alternative.
§ 6.7 If the Owner chooses to proceed under Section 6.6A, the Architect, without additional compensation, shall
modlfy tine Construction Documents as necessary to comply with [tie Owner's budget for the Cost of ilia Work at the
conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The
Architect's modification oflha Construction Documents shall be llte lindt of the Architect's responsibility under this
Article 6.
ARTICLE? COPYRIGHTS AND LICENSES
§ 7.1 Ilia Architect and One Owner warrant that in transmitting Instruments of Service, or muy other Informmion, the
Inuismhiing patty Is Iha copyright owner of such information or has permission from the copyright owner to
transmit such information for its use on the )'reject. if the Owner and Architect Intend to transmit Instruments of
Service crony other Information ordocumcntal(on In digital form, they shall endeavor to establish necessary
Protocols governing such transmissions.
fail.AIA DOCUmool alO���R0a7(rormmly nf6l"'- 16071. COppiyhlB rar4, 1a7a,
) under the law.
6Jar m
�� H t tyer relay;
(aeaADA22)
or 13
§ 7.2 As pan of Ile total eonparwatInn which Owner lim agreed to pay Architect for Iho professional services to be
rendered under Ihis Contract, Architect agrees that hand copies of all finished arul tinflnishcd "instrumenis of
Service' including but not limned to documents, data, studies, surveys, drmvings, specificotions, field notes, mops,
models, photographs, prolhninary reports, reports, bid packet oanstnwlion contract documenisladsertisement for
bids Incorporating any Owner standard provisions provided by Architect, all orwhleh are produced by Arolikeal and
paid for by Owner ere, and will remain, the property of ore Owner. Architect will fondsh Owner with electronic
copies In .PDII lonual, to ilia axlenl they are nvallablu, of all order foregoing to Aclllnue coordination; howovcr,
ownershlp of lint underlying work product shall remain ilia intellectual property ofthe Arhitrel. Archdlcel shall
have tho right to use such weak products for Architect's purposes on this Project. I lowever, such davuntoms are not
intended to be suitable for ruuso by Owner or others. Any reuse without the express wriaen consent oldie Architect
will he at the Owner's sole risk and without liability or legal exposure to Ilia Archllecl. lie above nolwittw niding,
Architect stall retain all rights In Ids slnre and drawing details, designs, specificallons, databases, computersollwarc
end tiny ceder proprietary and Indollcclual property Information provided pursuant to ads Contract.
§ 7.3 Upon execution oflhls Agreement, the Architect granis to the Owner a nonexclusive license to use Ilia
Architect's Insnuntcnls of Sengce solely and exclusively for purre es of constructing, using, maintaining, alteaing
and adding to the Prgiccl, provided dell the Owner subnanllaily performs Its obligations, Including prompt payment
of all sums when due, under this Agrcemoul. Tho Architect shall obtain similar notexelmhve ficenses farm ilia
Awhileclh consultants consistent with this Agreement. Tito license Created under this section permits the Owner to
m lhorize lite Construction Manager, Subcontractors, Sub-subcontractors, and material or equipment suppliers, as
well its the Owner's consultants and separate contractors, 10 repruducc appllennble porlioiss of Ile Inslnrmonls of
Servlcasolely and exclusively for use in perfomag services or construction for ilia Project,
§ 711 In Iha event file Owoar uses 1110 instruments of Service without retaining the author of ilia hutruments of
Sorvtcc, the 0wncr releases ilia Architect and AichlwcI's consuliunl(s) from all ciaius slid causes of action ealshrg
treat such Ii 'file tames of this Section 7.3.1 shall not apply If ilia Owner Ilghl fill ly lermintcs thla Agreement for
cause tinder Section 9.4.
§ 7.4 Uxcepf for Ilia licenses granted In this Article 7, no other Iicense or righl shall be dcomed granted or Implied
under this Agreement. The Owner shot not assign, delegate, sublleense, pledge or otherwise transfer any license
grunted herein to atoihor party without Ilse prior will [tell agreement of Ilia Archl(wt. Any unauthorized use of rite
Instruments of Service shall he at the Owner's sole risk and without Ilablitry to the Architect and ilia Archteci's
consultants.
ARTICLES CLAIMS AND018PUTCO
§ 0.1 GENERAL
§ 8.1.i Ilia Owner And Arohitert shalt commence All claims and causes oraction, whodher In contmel, tot, or
otherwise, against the other arising out of or related to this Agreoment in accordance with ilia requirements of the
me0ud of Whiting disputo resolution selected in this Agreement within the period opcciRcJ by applicable law, but In
any case not more than 10 years after ilia dote of Substantial f30mplction of ilia Work. The Owner mid Architect
waive all cloias slid citrus erection not commenced in Accordance with this Section 8.1.1.
§ 812 To ilia extent damages are covered by property Insurance, the Owner and Architect %valve nil riglns allabisl
each other And against the contractors, consultants, agents and employees of the other for damages, except such
rights as they may have to ilia proceeds orsuch insurance as act fedh in AIA Document A201 -2007, Oencml
Cbcdiilo nsorthaConlnicl for Construction.
§ 0.1.3 The Architect mud Owner walve consequential danger for claims, disputes or other matters in question
arising out oror relating to this Apncnncia. 'fills wolver shalt tot apply to damages that are within line. coverage of
Ilia insurance Architect Is required to ominiahn ruder Sevllon 2,5, This mutual waiver Is Applicable, wllhout
Iimilmlon, to nil conscqumulal damages due to either party's termination of lets Agreement, except as speci licalty
provided In Section 9.7.
§ 0,2 MEDIA710N
§ 0,2,1 Any claim, dispmleorother matter in gnestion raising out or or related to this Agreement shall be submitted
to senior nonogcment for cAch party for mlempled resolution slid then be refeiixd to uon•binding medIAlan As r
condition precedent to the Instiwlion orlegal proceedings by either party,
14
§ 8,2,2 Mediation shall be administered by the American Arbitration Association In accordance with its Construction
Industry Mediation Procedures in effect on the date of the Agreement unless the Parties agree on n mediation
administered by a mutually selected mediator. A request for mediation shall be made in writing, delivered to the
other panty to the Agreement, and filed with the person or entity administering the irradiation..
§ 8.2,311to parties shall share the mediator's fee and any filing fees equally. The medlntion shall be held In the place
where the Project is located, mdess another location is mutually agreed upon. Agreenicnls reached in mediation shall
be enforceable as settlement agreements In any court hnvingjudsdicllon thereof.
§ 8.2,4 If the parties do not resolve a dispute tiuough mediation pursuant to this Section 8.2, the method of binding
dispute resolution shall be lha following:
(Check the approprdale box. 1 the Diner and llrchlleci rho nol select a »lelliod ofbhndhrg dispute resolnrtton belag
or do lot subseque sly agree In wrlllag to a bindbig dlspule resolution methal other Than lltigotloll, the dtspule mill
be resolved In a court of compelen1 jurisdicllol)
[ 1 Arbitration pursuant to Section 8.3 of this Agreement
[ X 1 Litigation in the District Court of Guadalupe Comity, Texas
[ I Other (Specify)
(Paragrol)lu Deleted)
ARTICLES TERMINATIONORSUSPHSION
§ 9,1 If ilia Owner falls to make payments to Ilia Architect In accordance with this Agreement, and such failure
continues for fifteen (15) days following written notice, It shall be considered subsmntial nonperformance mid cause
for lamination or, at the Architect's option, cause for suspension of performance of services under this Agreement.
If ilia Architect elects to suspend services, ilia Architect shall give saven days' written notice to the Owner before
suspending services, In the event of a suspension of services, tine Architect shall have no liability to the Ownncr 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 land any expenses Incurred in the interruption and resumption of the
Architect's services. The Architect's fees for the remaining services and the little schedules shall be equitably
adjusted.
§0.2 If Ilia Owner suspends tire Project, tine Architect shall be compensated for services perfomad prior to notico of
such suspension, When Ilia Project is resumed, the Architect shrill be compensated for expenses incurred in the
Interruption and resumption of the Architect's services. The Archilect's fccs for (lie remaining services and the little
schedules shall be equitably adjusted.
§ 9.31f the Ownersuspends ilia Project for more than 90 cumulative days for reasons other than ilia fault of ilia
Architect, ilia Architect cony terminate this Agreement by giving not less than seven clays' written notice.
16
§ 0A Psither parry may terminate [his Agreement upon not less than seven days' written notice should the other party
fall substantially to perform in accordance %vith the terms of this Agreement through no fault of ilia party initialing
the lemination,.
§11.6 The Owner may laminate this Agreement upon not less than seven days' written notice to the Architect for the
Owner's convenience and without cause.
§ 0.6 In the event of termination not Ilia fault of the Architect, the Architect shall be compensated for services
performed prior to ferminallo, together Willi Reimbursable Expenses then due.
§ 9.7
The Owner's rights to use the Architect's histmnmenis of Service in ilia event of termination of tills Agreement are
set forth in Article 7.
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 This Agreement shall be governed by the Iry of the State of Texas.
§ 10.2 Terms in this Agreement shall have the same meaning us those In AIA Document A201 -2007, General
Conditions of ilia Contract for Construction.
§ 10.3 Tile Owner mid Architect, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither Ile Owner nor the Architect shall assign this Agreement without the
wfWell consent of [he other, except that Ilia Owner may assign this Agrecmenl to a lender providing financing for
the Project ifthe lender agrees to assume llte Owner's rights and obligations under this Agreement.
§ 10.4 If the Owner requests the Architect to execute cerli0cales, ilia proposed language of such certificates shall be
submitted to ilia Architect for review at least 14 days prior to the requested dates ofexecntion. If the Owner requests
[he Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute
all such consents that are consistent with Ibis Agreement, provided the proposed consent is submitted to the
Architect for review nt 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.
§ 10,6 Nothing contained In this Agreement shall create a contractual relationship with or a cause of notion in favor
ofa third party against either the Owner or Architect.
§ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for ilia discovery,
presence, handling, removal or disposal of, or exposure of persons lo, Ini nrdous materials or toxic substances In any
form at 1110 Project site.
§ 10.7 The Architect shall line lire rigid to include photographic or nrlislic representations ofthe design of the
Project among the Architect's promotional and professional materials. The Architect shall be given reasonnbto
access to Ilia completed Project to make such representations. However, Ilia Architect's materials shall not Include
the Owners confidential or proprietary Infomnation if lire Owner has previously advised the Architect in wriling of
the $peel no information considered by [he Owner to be confidential or proprietary. The Owner shell provide
professional credit for the Architect in the Owner's promotional materials for the Project.
§ 10.81rtho Architect or Owner receives information specifically designated by ilia other party as "confidential" or
"business proprietary," the receiving party shall keep such Infomralion strictly confidential and shall not disclose it
to any other person except to (1) Its employees, (2) those who need to know the content ofsuch information in order
to perform services or construction solely and exclusively for the Project, or (3) Its consultants end contractors
whose contracts include similar restrictions on the use of confidential Information.
ARTICLE 11 COMPENSATION
§ KI For the Architect's Basic Services described under Article 3, the Owner shall compensate the Ambirect as
follows and in accordance with Exhibit A. Compensation for Basic Services shall not Increase regardless of tiny
Ian AIA Document trio I- -2007 tf.mn
resorvotl. WARNING; Thls AIA ft
this AIA• Document, or any portion
f under the law. Thisdorumeat Was ix
lormsele.
Q'W Notes:
V'°
Insatune olAuchsoUS.
(IN IADA22)
of 96
Increase in the Project budget or negediated Guaranteed Maximum Price with the Construction Manager unless
authorized by written change order to this Agreement as may be necessitated by an Increase in Project scope that
creates material differences to lite Initial Information.
(Insert an+owu of or basis for, coapenation)
Six hundred eight thousand dollars ($608,000)
§ 11.2 For Additional Services designated In Section 4. 1, the Owner shell connpeusate the Architect as follows:
(Insert amount of or basis for, compensation. Ifnecessary, list spec ftc services to which particular methods of
compensation apply.)
NIA
§ 11.3 For Additional Services that may arise during the course of the Project, Including those under Section 4.3, the
Owner shell componsalc the Architect as follows:
(Inert arnown of or basis fa, compensation)
Twelve thousand tight hundred dollars ($12,800)
§ 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or
113, shot] be lite anmunt Invoiced to the Architect plus percent ( %), or as otherwise stated below:
NIA
§ 11.6 Where compensation for Basic Services Is based on a stipulated sum orpercenmge of the Cost of the Work,
the compensation for each phase of services shall be as follows:
Schematic Design Phase
Fifteen
percent (
is
" /e)
Design Development Phase
Twenty
percent (
20
ON
Construction Documents
Forty
percent ( -
40
°/n)
Phase
Bidding or Negotiation Phase
Five
percent (
s
%)
Construction Phase
Twenty
percent (
20
%)
Total Baste Compensation
one hundred
percent (
Wo
%)
§ 11.0 When compensation is based on is 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 perfomned an those portions, in accordance wish 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 ontilled to compensation In accordance
with this Agreement for all services perfan ned whether or not the Construction Phase Is commenced.
§ 11.7 The hourly billing rates for services of [lie Architect and the Architect's consultants, If any, ore set forth
below. The rates shall be adjusted In accordance with the Architect's and Architect's consultants' normal review
practices.
(/f applicable, attach an exhibit of lmurly billing rates or Inert them below.)
Employee or Category
[tale
§ 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES
§ 11.11A 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:
V�
17
.1 ' Prunsporla Ion undnulhorizadoul• oflovm (ravel and substscnce for the Architect's Aquatics
Consultant,
.2 CouricrServicc;
.3 Models;
.4 Rcndcdngs;
.0 Survey;
.0 Oeoletlalcol Study;
,I Storm Water Mnnugenueot Plan
,0 Develepmatt 8110 P nu suboUial
,9 Traffic lmpmetAnalysis
.10 Flood Plan Development Permit; end
Ai Printing of Flans and S1 =111cations for Bidding find Construction.
§ 11.0.2 FurReimbursablo Expenses lha conpenmdon siell be the expenses incutrcd by the Architect find link
Architect's consultants plus ten Percent ( t0 PA) ol'tic expenses incurred.
(Paragraph Meled)
Poaunnt to Exhlbil A, ltchabursable Expenses are estimated to be S30,ODD. I'urwmy uniounls requested by tic
Architect as Reimbursable Expenses ht excess of the estimated amount, hl total, the Architect most obtain written
authorization for such expenses prior to Incurring the same. Falluro by the Architect to obtain such written
mnhorLatiunforanyamount, inoxwssoft heesdmaeiso nexpresswolverofi tsrlghlstocompers llonforsuch
expenses.
(Paragraph Delered)
§11 O PAYMENTS TO III C AIt0111TCOT
§ 11,9.1 Au Ld1lal pnyucnt of (S ) shail be made upon execution OHM M Agreement and Is the ndnimuns Payment
undcrihls Agreema0. D shall be credited to the Owner's account in the Baal Invoice.
§ 11,9.4'1Inwless and Interest duo at late payments are governed by ehupor2251 Draf t
(Paragraph Deleted/
'!'cxas Gat nrnrent Cale.
(porelgroph Adcladp
§ 11.9.3 The Owner shall not w9tidmold tarounts front the Architect's compensaliot to Imposo a penalty or liquidated
damages on The Architect, or To ofiset sums requested by Or paid to contractors for the cost of changes In the Work
unless The Archltccl agrees or has been found liable for The onounis In a binding dispule, mohnion proceeding.
§ 11.9.4 Roco.ds of Roimbursnble Cyrenses, expenses pertolning to Additional Svrvicer, and services perfomctl on
the bnsis of hourly lutes shall W available to tic Owner at mutually convenient times,
ARTIOLE12 SPECIAI.TF.RMSAIIDCONDITIONS
Special teats mud conditions shot mahQ� This Agr¢¢mom mo ns 7bllaws:
§12.1 INDFMNFIOATION
THE ARC11IHO' SIIAI. hINDRMNIFY , DEFEND, AND HOLD IIARMLIt8 THE OWNER, ITS
OFFICERS, OFFICIALS, AGENTS AND EMPOLYEFS FROM ALL SUITS, ACTIONS, LOSSES,
DAMA74E9, CLAIMS, OR LIABILITY MANY CHARACTER, I'YPE Olt DESCRIPTION, INCLUDING
WITHOUT LIMITATION, ALL L+RPENSES OF LITIGATION, INCLUDING EXPERT OR
CONSUI: PANT FEES, COUIi'f COSTS, AND ATTORNRI" S 17F.ES REe +SULTING FROM PERSONAL
INJURY Olt PROPERTY DAMAGE?, TO THE EXTENT SUCH PERSONAL INJURY OR PROPEIffY
DAMAGE IS CAUSED BY OR ARISES Otrf DF, OR IS OCCASIONED BY, IN WHOLE Olt IN PART,
W
1O
Intl.
THE ACTS OR TN E ARCHITECT, ITS CONSUL: fAM S, AGENTS. AND EMPLOYEES, IN Tilt?,
EXECUTION Olt PRIWORMANCE Ott TII IS AGREEMENT.
TILE ARCUITEM S TOTAL. LIAIIILITY TO THE 015'NEIt F'011 ANY LOSS Oil DAMAGES ]FROM
CLAIAIS AlI1SING OUT 0I{ OR IN CONNECTION WIT111, TIIIS AGREEMRNi' IrROl1 ANY CAUSc
INCLUDING ARCIIf l'ECT'S PROFESSIONAL NP,G WGRNCR, ERRORS AND OMISSIONS
SUALLNOT IMCW'D'I'llE COVERAGE LIMITS CONTAINED IN SWIM ,$,
I
§1122 ThoArchRoctacknowlodgits that iheOwnorinlondetooxocuto Oil agreomanl ,WAA•133,SiandardFomof
Agmomanl Ralwoon Ownor and Consimollon Alanagor as Construclor minim tho hauls of poymenl Is ills cost of iho
Work Plus a Foo vdlh a Guaraniood Maximum Prico't
ARTICI113 SCOPE OF THEAGREM1,11'
§ 1311 This Agreemonl represents Ilm cnliru and lategnucd ngracluenl W%vcat the Otrncr mid the Architect and
supmodes oil Prior ticgollations, rcptescalalloas or trgrecmwils, ellhor written or oral. This Agteomonl cony bo
amended only by ssTillon Insimment slgned by both Ounicr and Architect.
§ 13.2 This Agroonient Is comprised of tho following documents listed balms;
.1 ALAI) omrmcntD] 01T^ t - 2007, StnndnnlPormAencmen {UetwecnOwnernndArohhect
.2 AIA Doeimteat E20V >t -2009, lllgital Data I'roto:ol Dxhibll, i- complmod, nr the follmving:
,3 Oihcrdocuments;
(lbr oNrer rinctanetns, (lnrgt AlchrrlittgAYAibtl A, /rdrinllrtlonrmrloie and nrldlNonnl scones of
.mrrlce, (tarry, jorniL{g/mrt n /Hm Agarcrncal)
Ilds Agroaniont entered 1010 os of dio day slid year first wrillen above,
Marmon Mok, L.L.P.
Ily; Marnlan Mok Managomonl Group, t.I.C,
a Texas 1111111021 Ilabllily company,
Its General Partner
U.erlloim
19
_I>>/.I E Hr.lrn011111 6 �r� �d
March 20, 2014
John C. Kessel
City Manager
City of Schertz
1400 Schertz Parkway
Schertz, Texas 70154
Re: A/E Proposed Scope and Fee for Design Services and Construction Adminlstratlon
Revised 3- 20 -14
City of Schert-r. Aquatics Center
Project No. 12007
Dear Mr, Gaudreau:
As discussed In our Meeting on February 12, 2014, we have updated our proposal based on
the revised construction budget of $0,000,000.
Our proposed consultant team remains as previously prosented to the City as follows:
• Aquatics /Pool Consultant ^ Counsllman Hunsaker
• MEP /PP -- Goetthig & Associates
• Structural — JOster Qnlrntanllla
• Civil - Oury +Partners
• Landscape Architecture - Bill Nicholson
The project scope Is further defined by the following parameters:
• An enclosed competition pool (natatorium) measuring 25 yards by 25 meters will
be Included in the base cost of the project.
• An enclosed leisure pool of approximately 3,500 square feet x 4' deep Including a
ramp, slide and exercise area will be Included. The pool may be an alternative
bid /pricing option and the leisure pool enclosure will be in the base cost. If the
leisure pool Is not constructed In the base project, the future leisure pool room will
be utilized as on open activity room to be programmed by the facility operator.
• The competition pool room will be adjacent to the leisure pool room with the ablllty
to open the wall /doors between the rooms.
• The Natatorium (competition pool) will have seating for 300 hundred spectators,
• Two entrances (one public from the exterior and one from the existing Recreational
Center) will be Incorporated,
• Locker roonns for use by the School District swimmers will be Incorporated Into the
Natatorium.
• Project Meetings will be bl- weekly during the design phase.
d Ir 0 11 111. c 1 n 11 r one nlvetvwk Place 700 1t. St. MOWS. Sultc 1600 Sen Gntonto T% 78205 210.223.9492 T 210223.2582 r'�
John C. Kessel
March 20, 2014
Page 2 of 3
• Project Meetings during construction will be monthly which includes a site visit.
Additional site visits will be made by the A -E team associated with the construction
work In progress.
• A progress submittal will be Issued for each phase — Schematic Design, Design
Development and Construction Documents,
AQUATICS CENTER — COMPETITION POOL /LEISURE POOL /SUPPORT SPACES
Basic Services ....................................................... ............................... $ 600,000
Architectural, Structural, Mechanical, Plumbing, Electrical and Fire
Protection Engineering, Civil Engineering, Landscape Architecture and
Aquatics /Pool Design
ADDITIONAL SERVICES
Programming ........................................................... ............................... $12,000
1. An initial meeting with Counsilman Hunsaker (Aquatics Consultant), Marmon Mok,
City, YMCA and SCUCISD to discuss appropriate program activities and features for
a competition /Instruction pool, a leisure pool and a splash pad.
o Counsilman Hunsaker will discuss national trends and options
on pool features that may be Incorporated Into the project.
o Locker rooms, seating and support spaces will also be discussed related to
pool and activity trends for a shared use facility,
o Counsilman Hunsaker will lead a discussion for pool equipment options,
filtration system options and support equipment related to operations.
o A discussion of pool hours anticipated by each User Group
will bo discussed and analyzed by Counsilman Hunsaker.
2. Based on the Initial meeting, Counsilman Hunsaker will prepare a written Pool
Program document documenting topics discussed, options presented and decisions
made.
3, Program Review meeting with Counsilman Hunsaker and Marmon Mok to present
and review the written program documents and answer questions from the City,
YMCA and SCUCISD.
REIMBURSABLE EXPENSES
Reimbursable expenses are proposed at cost times 1,10. Expenses are estimated at
$30,000,
Vv
John C. Kessel
March 20, 2014
Page 3 of 3
Reimbursable expenses will Include:
• Travel Expenses for out of town consultants (Including airfare, ground
transportation, lodging and meals)
• Courier Service
• Models
• Renderings
• Survey
• Geotechnlcal Study
• Storm Water Management Plan
• Development Site Plan submittal
0 Traffic Impact Analysis
• Flood Plan Development Permit
• Printing of Plans and Specifications for Bidding and Construction
The Basic Services scope Is denned In the AIA 6101 and Itemized on the enclosed Schedule of
Services excerpted from AIA 8101. Additional Consultants are proposed as added expertise
for specific areas of the project. Additional Services are proposed services outside the basic
building design services but which may be required by local statute, or provided by the Owner,
for project development,
Please call me on my mobile phone (210 - 410 -4264) with any questions you may have.
Sincerely,
Q7 74-
Gregory J. Houston, AIA
Partner
Enclosure
Y: %17007VaaFeeNopX5cbeaz NalaloSium Fee PIOPOSal 03d9.2014.doc
September 18, 2014
John Kassel
City Manager
City of Schertz
1400 Schertz Pkwy.
Schertz, TX 78154
Re: Proposal for Survey
City of Schertz Aquatics Center
Project No. 14012
Dear Mr. Kassel:
We are requesting approval to proceed with the required boundary and topographic surveys
for the above - listed project.
SCOPE
See the attached proposal from Bury dated September 12, 2014.
FEE
• Bury........... I .................
• Marmon Mok ..................
Total Pee.....
Please contact me should you have any questions.
Sincerely,
i
\ t
Shown Bacon, AlA
Senior Associate
Attachment
R:\1401\I-0 Acct- Woled nanagement \FCeprop \2014.09dtl 14012_IVOpo5p4SumY.do<
...... $4,250
...... $ 425
..... $4,675
A it (. i1 I 1 r 1: 1 U It r 011, 16.1c ilk Mice 700 N. St. 1411Y'%. 8010. 16011 S ;m Anlnnin rX 73,05 210 223 9492 1 210 223 'i;IR? f
BURY
September 12, 2014 Proposal No. 14.215 Rev. 1
(Revised September 18, 2014) Project No. Z0102229 -50001
Mr. Gregory Houston
Marmon Mok
loo North St. Mary's, Suite 1600
San Antonio, Texas 78205
Re: Proposal for Professional Services
Schertz Natatorium - Survey
Schertz. Parkway and Elbel Road
Schertz, Texas
Dear Mr. Houston:
We appreciate the opportunity to submit this proposal for professional surveying
services associated with the development of the Schertz Natatorium to be located on a
±4 -acre site near Schertz Parkway and Elbel Road in Schertz, Texas. Based upon our
meeting with the City of Schertz on March 6, 2012, we understand that the project will
consist of a new natatorium building with associated parking, drainage and utilities.
The scope of this pro )osal is limited to a boundary and topographic survey. All other
services are specifically excluded.
This proposal is based on the information currently available to us and to the limited
amount of time available to prepare this proposal, We have made our best effort to
prepare a thorough and complete proposal within the parameters set. There will be
additional development and permitting requirements not outlined in this proposal.
Based on our understanding of your needs at this time and the current status of this
project, we propose to provide the following specific services:
A. Surveys
Development of this tract requires accurate surveys of a variety of items
including boundary and topography. We will perform t11e following surveys to
the requirements of the local governmental review agencies.
1. Topography
Prepare a topographic survey which will be used to complete the
desiggn of the site plan. The topographic survey will be based on an
on-the-ground survey and will be produced at a one -foot interval.
sakelo Rand The total acreage of existing improvements to be surveyed is
Sat?Mlo expected to be ±4 acres. The limits of this survey are established as
SrotAatanin, 'texas p' 4 y
78216 the project land area including adjacent buildings and parking lot
edge of pavement (curb & gutter) nearest the subject tract.
Y 210,525.9090
F 21o.S2S.o,529
Austin
srnt Nvtonlo
Dallas
Houston
Topple
11 1.n BV INC CI MM
SITE CIVIL ENGINEERING SERVICES
2. Limited Standard Boundary
Page 12
We. will perRrrnm an on- the - ground boundary survey of the :113.7 acre plaited tract. This
survey will be conducted in accordance with the standards and conditions set forth for
a Category 1B, Condition 11, Standard Land Survey in the State oYl'exas prepared by the
Texas Society, of Professional Surveyors, revised Eleventh Edition, dated February 2006,
B. Reimbursables /Reproductions
Minor out -of- pocket expenses for courier and minor review agency fees, etc, may be
incurred. We request that you issue checks for any fees in excess of $too, unless otherwise
agreed upon in advance. No hard copies of any plans or construction documents will be
provided. Digital copies will be provided for your use.
FEE SCHEDULE
We propose to provide the specific services described above on hump stun fee basis as follows:
Item
Fee Basis
Fee Phase
A. Surveys
1. Topography
Lump Sum
$2,500 .44
2. Limited Standard Boundary
Lump Sum + tax
$1,750 .91
B. Reimbursables /Reproductions
Cost
,89
Total
$4,250 +011x011 applicrblephases)
Work provided outside the above scope of services will be billed as an additional service at our
standard hourly rates.
ASSUMPTIONS
In preparing this proposal, we have made the following assumptions:
e City will not require the site to be replatted, Therefore, we anticipate that preparation
and processing of a preliminary and final plat will not be required.
• Owner will provide a title commitment and copies of all Schedule A and B items
relative to the subject tract.
i All boundary monumentation is recoverable and in good condition.
i No construction phase surveying services are included.
• No survey or design of offsite drainage, roadway or public utility improvements are
required.
If you agree with the above scope of services and associated fees, please forward Marmon Mok's
agreement for our review and execution. Receipt of the signed Agreement will serve as our notice to
proceed.
BURY
SITE CIVIL ENGINEERING SERVICES
Page 13
We appreciate the opportunity to submit this proposal and look forward to assisting you in the
development of this project. Upon your review of this proposal, please call if you have any questions.
Sincerely,
Coy [�`Armstrot'g, P,E,
PRINCIPAL
Bury -SAN, hnc. TBPE P -1048
l:\Pfoposal Log 2014 \14.221 Pro.docx.cac.mm
BURY
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