special called city council meeting and budget workshop #1
TRANSCRIPT
Members of the Cleveland Economic Development Corporation Board (EDC) may be attending and participating. If
a quorum of EDC is present, then this meeting of the Cleveland City Council shall also be a meeting of the Cleveland
Economic Development Corporation.
Invocation, Pledge, and Roll Call
__ Richard Boyett, Mayor ___ City Manager
__ Carolyn McWaters, Position 1 ___ City Secretary
__ Marilyn Clay, Position 2 ___ City Attorney
__ James Franklin, Position 3, Mayor Pro-Tem
__ Delores Terry, Position 4
__ Danny Lee, Position 5
Notice is hereby given of the Monthly City Council Meeting to be held on August 10, 2021, at 3:00
pm both in person & virtually. The City Council reserves the right to meet in a closed session on
any agenda item should the need arise and if applicable pursuant to authorization of Title 5,
Chapter 551 of the Texas Government Code.
The City will be using a telephone/video conferencing tool called ZOOM to make the meeting
available to the public. You have several options to participate.
1. Phone in at 346-248-7799 US (Houston) and enter Meeting ID 834 7667 0928
2. Use the link - https://us02web.zoom.us/j/83476670928
3. Download the ZOOM app on your phone and enter Meeting ID 834 7667 0928 to join
A recording of the telephone/video meeting will be available to the public in accordance with the
Open Meetings Act on the city’s website – www.clevelandtexas.com as soon as electronically
possible.
The agenda packet will be accessible to the public as a PDF format at the following link
https://www.clevelandtexas.com/agendacenter under City Council -August 10, 2021. The meeting
will also be shown on the City’s YouTube account at
https://www.youtube.com/channel/UCTeUTiB4DWP7AjbC-i6qR8Q. For more information or
questions concerning the teleconference, please contact the City Secretary’s office at 281-592-
2667.
Comments
1. Public Comments.
Any person with City related business may speak to Council. In compliance with the Texas Open Meetings Act, the City Council may not discuss, or vote on any matter raised in public comments unless it is specifically on the agenda. To speak during a council meeting, you must be recognized by the Presiding Officer. PUBLIC COMMENT WILL BE LIMITED TO THREE MINUTES. Zoom Meeting Public Comments Instructions
a. If you are attending via Zoom you can comment to the host when we open the floor for public comments section,
Special Called City Council Meeting and Budget Workshop #1 City Council Chambers and via Zoom 907 E Houston, Cleveland TX 77327 Aug 10, 2021 3:00 pm
Page 2
8. Capital Projects Update
9. Budget Workshop No. l for FY21
10. Consider approval of the No New Revenue and Voter Approval Tax Rates for theFY22
11. Consider calling for Public Hearing on Proposed Budget for FY21-22 for September14th at 6:00 pm and publish notice as required by law
12. Consider calling for Public Hearing on Proposed Tax Rate for FY21-22 forSeptember 14h at 6:00 pm and publish notice as required by law
Executive SessionThe City Council reseves the llght lo maot in closed session on any agenda item should lhe need atise and if applicablapurcuant to authoization by Title 5, Chapler 551 , ol lhe Toxas Govomment Code.
Council will leave the public Zoom meeting and conduct the ExecutiveSesslon separately. They will return to the Zoom meeting after the
Closed Executive Sesslon is completed.
13. Closed Executive Session under Texas Local Government Code 551.071 forConsultation with Attorney.
Members ofthe Clevelond Economic Development Corpordtion Boord (EDC) moy be ottending ond
porticipatinq. lf o quorum of EDC is present, then this meeting of the Cleveland City Council sholl olso be d
meeting of the Cleveland Economic Development Corporotion.
b. lf you emailed your request for public comment, then the City Secretary will informthe council of your request.- Email request prior to 2:00 pm on day of meeting toasmith@clevel a ndtexa s. co m is req uired.
c. The Council is not requied to reply during public comments
2. Reports and comments from City Council, Mayor or City staff.Regarding matters appearing on the agenda; recognition of community members,city employees, or upcoming events and projects listed below.
Discussion and Action3. Consideration and possible action on recommendation of Health Benefits
Committee for insurance bids from recent RFP and awarding bid for medicalinsurance for city employees and retirees for fiscal year 2021-22
4. Consideration and possible action on contract for engineering services on theStancil Expo Pavilion project awarded to BRW Architects recently and authorizeCity Manager to sign contract
5. Consideration and possible action on ordinance amending Chapter 54-121 of theCode of Ordinances, re-adopting the lnternational Fire Code 2015 Edition
6. Consideration and possible action on agreement for general civil engineeringconsulting services with Brooks & Sparks Inc. - P@ect No. 258-0003 and authorizeCity Manager to sign agreement
7. Consideration and possible action calling for a joint public hearing with the CityCouncil and Zoning Commission for August 31, 2021 (or otherwise noted date) on aproposal to amend the City's Comprehensive Zoning Ordinance and Map forproposed zone change request from Public to Mixed Use (or otherwise noted)
Budqet Action
Page 3
14. Closed Executive Session under Texas Local Government Code 551.072 todeliberate the purchase, exchange, lease or value of real property.
Return to O en Session15. Take action on any items from executive session as needed.
Adi urnI certify that the above Agenda was posted at City Hall, 907 E. Houston, Cleveland Texas77327 and the City's website on July 6,2021 at 5:00 pm.
Angela Smith, TRMCDirector of Admin ServicesCity Secretary
Members of the Clevelond Economic Development Corporotion Boord (EDC) moy be ottendinq dnd
participoting. lf o quorum of EDC is present, then this meetinq of the Clevelond City Council sholl olso be o
meeting of the Cleveldnd Economic Development Corporotion.
r,.l o /)1\tult-t
@ITY OFLEYELAND
Item No. ITo: Mayor and Council
Via: City Manager
Cc: City Secretary
Agenda ltem: Public Comments
Agenda Dates: Augusl 10,2021
Originating Department: City Council
Background lnformation: Any person with City related business may speak to Council.ln compliance with the Texas Open Meetings Act, the City Council may not discuss, orvote on any matter raised in public comments unless it is specifically on the agenda. Tospeak during a council meeting, you must be recognized by the Presiding Officer.Public Comments will be limited to three minutes.
Council lt/emorandum
@ITY OFLEYELAND
Council [Vemorandum
Item No. p.
To: Mayor and Council
Via: City Manager
Cc: City Secretary
Agenda ltem: Reports or comments from City Council or City staff
Agenda Date: August 10,2021
Originating Department: City Manager
Background lnformation: City Council, Mayor or City staff comments can be madeduring this item, regarding mafters appearing on the agenda; recognition of communitymembers, city employees, or upcoming events.
Discussion & Conclusion:
Financial: N/A
Recommendation:
Attachment(s) List:
Final Disposition:
@TTY OFTEVELAND
Council [t{emorandum
Item No. 3To: Mayor and Council
Via: City Manager
Cc: City Secretary
Agenda ltem: Consider recommendation of Health Benefits Committee for insurancebids from recent RFP and awarding bid for medical insurance for city employees forfiscal year 2021-22
Agenda Date: August 10,2021
Originating Department: Health Benefits Trust Committee/Gallagher Benefit Svcs
Background lnformation: Council approved going out for a Request for Proposal(RFP) for medical options for city employees in a prior meeting. Our broker, GallagherBenefit Services, handled the RFP process and the bid open date was July 7,2021.We received one denial to quote (Aetna), and bids from Unitedhealthcare, Cigna andone renewal from our current provider, Blue Cross Blue Shield of Texas.
The plans available from Cigna are the same type of two plans that are available fromBlue Cross. The main differences will be potential drug choices and provider choices.The employees will still have the choice to choose between the two plans. We areoffering a passive enrollment for employees. lf they don't wish to make any changes,they will not need to do anything as their selections will roll over. Open enrollmentmeetings will be held for all employees plus flyers and emails.
The current provider, Blue Cross Blue Shield provided us with a larger than expectedincrease in rates due to higher claims during this current plan year. Gallagher was ableto get them to reduce the rate however it is still too high for the city to participate thisyeat.
The committee met on July 22nd and discussed that the renewal rate is just too highfrom Blue Cross and that the 5.5% increase in rates from Cigna was more in line withbudget. The recommendation from the committee is that the city pay the difference inthe extra cost this fiscal year so that the increase is not rolled over to the employees.The committee was Mayor Boyett, Councilmembers Mcwaters & Terry, City ManagerPennington, Director of Admin Service Smith, lnterim Finance Director Herrera andrepresentatives from Gallagher Benefits Service - Chuck Robinson & Lindsay S.
Recommendation: Providing two (2) medical plans for employees to choose. One isthe current PPO plan (called "Buy-up") and one is also a PPO plan (called "Base plan")The base plan is from Cigna but has different plan designs (higher deductibles, etc).
The committee also recommends staying with Metlife for dental and vision as we have arate pass for this year. Also the committee recommended staying with Dearborn Life(Blue Cross) life, AD&D, and LTD as we have a rate guarantee.
Financial: There is an increase to all funds and will be included in the budget as asupplemental item. There will not be any new cost to the employees this year for healthinsurance unless they voluntarily choose a different plan or dependent coverage.
Recommendation: Approve committee recommendations listed above
Attachment(s) List: Plan design and cost breakout info from Gallagher
EEI
eaa
d
ii"tl5iIE
I
,rrEr
tE
EE
s:l
EIta
aaeT,It4a
aeaEgFI
g.
E.
Qt6Ix
BE
t€..:E:
-tIa
e5a$5P
q!{-ni
8
9s8t3.-;;;
!t
EE
*iadB
!lts
8ri
etaEEIt8*EtI8I8!EIaI
E5
qeaT:eaI
EE
a5IlJ8a
5E cd3JtaT!-!. E
lrta
aIsIa
c!E
ai35 "etr53ea;aa
E$$$$'-
$55r3
Brrrrri
u9 e s s e utl66A
ii;
o:R3
qrEr
El
:EI
g.
Ege
Ec6t
tatI
gIr.BrlT
'i
,ic!III
BtsritI.c
flg$F$--
$ss$g$$
t,
E893
ePlB
-:Ss
rIs'9
HE
.
iAEB
$;A.
3 i-l*i
I,.J
aI!
,EItE
gjIa
T*,IIli
E8!€6
it!E
Ie:t
E€:tEE
g E
ET
! g r g 6 a!
t $i iSer
;;!EE
E!
it9!!-'oss!!rlE
t7
?5r
>tr
5::tttaaiE
EE
!
,E.
.. l! E
ttttaal?.E
CE
€
3:E
iiit?!:
,::E
E
EE
EgztE
E:Et_i6o
!E
Ii!Iq!t!teI!:;ir!€B:ri;lBiIII}E!itu
cFE.,!cGd.9!EoEo6=GuJ
8a
2
!:!itirS
{Ftr
i:Et
ttit
:l;t-ls'IalsatlJd&
t
aI45*I
rtE*!
gsii,riii"rtt
i:s
t5$!€n3!6
e
4
:.
ilIitit
III]lsll
G Anhr I Gtfulw s, Co Monthlv Contribution Surn.nary I Citv ol ClevelandClt r tin t& Oa.t , I rora a.f*,4 rel
"*,^Recommendation: No chanSe to employee contributions / City of Cleveland absorbs the cost increase
OualOplion
B.t PPO {Ja,m} . MnCm3.Emrbllconly 8
E mploya€ . spou5e It.r9lorcc + O*d(r.n) 5
tmploy.€. Frm'ly 5
5575.75
5r.124 26
sr,05.375r.784 88
Ctn. 8.rt PPO (Sa,@l8 so.mI s26) 97
5 5161 2l5 542119
ss$.6951,176.97
3!0r53s1,85t 92
tl5r.2r912t 19
s5,5.75sr,062.29
strs.155r.16r.69
n y{r9 tfo lt2.(D) . r$rFtErdo!.. Ooty
CndoF. r Chld(r.il
s606.99
91,396 09
sr,092.59s1.88r 68
Ctn Aoy-up PPO {sao(I)}3s s31.23
8 Sllt 80
7 S2r7_{3
9 s5 19 99
s54r.52I !.480 r0
5!"rsE3s!r,994.93
s3r.2r5333 80
52t7.43
s5t9 99
s575.759r.052.29
S87s.16
sr,l5r 69
Lt PPO {91,(fl)) . MI3CP0!,1€m9foy.c Onty 8
Emghye€ r slou:e Itnpby.c l Chrd(rln) 5
Emoloyr.. F.6'ly 5
So.ms130.99
580.6rszl r 50
s287rEts31.r5s.37.sss6ao E5
s28738s552 13
s5$.199At2 a!
Cln. 0... PPO lt4,0(x))8 SO.00
l 5130.99
s 580.515 S2l r 60
5r99.359688 a9
!s3a.829927 95
!{rrup ?rO l3r.(01 - Mr.n€ridor.. Or{v
€ndot i + Chad(rh)
st5.62sr56.905108.72
s260.@
s217J85s3r r5
s.r7s8t68O.85
sr03.99598 05
S5,t5.:l)
59{O 81
Crn. &rup reo (S2,m,35 St5.62I sr56 90
7 91B.719 5260 m
532r.755r40095s79.rts9B7.17
3l8
79
Go.ln.B ,r.4 E vogr p6l'.v o. codr.r vt lo. ra..ri. i6lodtih 6 t rh.r .Ltalt 6 $. rt.rd
Semi-Monthly Contribuions
3t8
,9
51,115 mS916..2
51,432 73
s612.29
9r,146 30
5910925r.474 94
50.o / v90@ /0 016
to(I} /(I0rso m / 0.o(
so.@ /oorto.m / 0 0e6
to.(D / o0rso.m / 0 016
sz:tlt.:t55557 50
s158.2rs716 t7
t36.rs5571.r9
ta70.a6t737.17 00,(
so.(x) / 0 096
s0.6 /o'lrso 00 /oo(
30.0 /oGto.m / 0 0'(30.o /o0r
Cov.ra3"Ii.r Et Conrriburion CRConrriburion t€ conrrlbuiion tR Conrribution
tt Dilfe,..c.
!6 rr / /.6 rr
5Ar[ / x6 rt
fOTAIx Cott Shotc
Oir63. from Currcnr (91
Ch.n!. from Cun.nr {X)
16 sls7,f92 st66,6058|tt
s921,39t',tnx
7E
t6x90
0.016
s157,792 s9ts,13t,tn a
9!0,7!4t.5x
sEtt,t4tleo*l
t50,rx5.6/.
tt conr.iDuibn I rl conrTitxrtbntl ConrTitxrtbn
@ITY OFLEYELAND
Council Jvlemorandum
Item No
To: Mayor and Council
Via: City Manager
Cc: City Secretary
Agenda ltem: Consideration and possible action on contract for engineering serviceson the Stancil Expo Pavilion project awarded to BRW Architects recently and authorizeCity Manager to sign contract
Background lnformation: Council approved going out for engineering request forqualifications and awarded the Stancil Expo Pavilion project to BRW Architects
Discussion & Action: Staff has met with them twice now and BRW has presented acontract for engineering services for this project. Total design phase will be 20 weeks,bidding phase - 4-8 weeks and building construction phase 6-9 months. Staff is excitedabout this project and looking fonruard to the start. City Attorney Olson reviewed thecontract and only had two items to be changed. BRW has fixed those two items andprovided a final copy of the contract.
BRW is looking at structural - stick & slab pre-engineered structural bldg. They havereached out to four companies so far to get ready. The pavilion will need a concreteslab for pavilion, CMU block walls, concrete floors and hope to save the tree by theexisting structure. City Manager Pennington told them they could switch the locationaround if needed for design process. They are aware that the Log Cabin will need to beaccessible and BRW will be dedicated the side gate to enter & exit. Food Trucks will bemoved over to the other side of the expo center during construction.
Financial: $46,800
Recommendation: Approve contract and authorize City Manager to sign
Attachment(s) List: Final contract
'l
Agenda Date: August 10,2021
Originating Department: BRW Architects
.S,AIA Document 8101' - 2017
Standard Form of Agreement Between Owner and Architect
AGREEiTIENT made as ofthe SiXLday offubein the year Two Thousand and Twentv-One.(nwords, indicqte dqy, month and year.)
BETWEEN the Architect's client identified as the Olvner(Name, legql status, address and other inlbrmation)
Citv olCleveland907 E Houston StreetCleveland. TX 77327
and the Architect:(Nqme, legal:ttatus, addrcss qnd olher infotmqtion)
for the following Project:(Name, location and delaile.l description)
Citu ofClevelandStancil Expo PavilionLocated at 2ll Peach StreetCleveland. TX 77327
The Owner and Architect agree as follows
This document has importantlegal consequences. Consultationwith an atlomeyis encouraged with respect loits completion or modification.
1
lnit.AIA Oocumc.tt Bl0l- - 2 o r 7. Copytight O 1974. 1978. 1987, 1997,2007 and 2017 by The Amedcen ln3litub ofArEhit€cts. Allrights re3e 6d The'Amencanlnsi ute of Archrlecls "AlA.'the AlA Logo and "A A Contract Documenls" are regrslered rrad€marks and may notbe used wnhoul pe.mrssrcn ThE document wa3prcducad by AIA 3oftwae at 08:16:31 CT on 07130/2021 under Ord6r No.77E6836705 which cxpires on 09/20,2021, is not for rlsate, is ticensGd ior one.lims u36only. .nd may only b€ used in accordance with the AIA Conlracl Documcnt6Term3 ol S6rvic€. To report copyrilht violaiion3, 6-meil copyright@a's.orp.U..r l{o(s.: (19.19788526)
Brown Revnolds Watford Architects. Inc.175 Century Square Drive. Suite 350Collese Station. TX 77840
TABLE OF ARTICLES
1 INITIAL INFORMATION
2 ARCHITECT'S RESPONSIBILITIES
3 SCOPE OF ARCHITECT'S BASIC SERVICES
4 SUPPLEMENTAL AND ADDITIONAL SERVICES
5 OWNER'S RESPONSIBILITIES
6 COST OF THE WORK
7 COPYRIGHTS AND LICENSES
8 CLAIMS AND DISPUTES
9 TERMINATION OR SUSPENSION
1O MISCELLANEOUSPROVISIONS
,I1 COMPENSATION
12 SPECIAL TERMS AND CONDITIONS
13 SCOPE OF THE AGREEMENT
ARTICLE 1 INITIAL INFORMATION
$ 1.1 This Agreement is based on the Initial I nformation set forth in th is Section 1.1 .
(For each item in lhis section, insert the inlormation or .t sldlement such ds "nol applicdble" or "unknown at time ofexecution.')
Basic orofessional architectural services for a New Stancil E Pavilion 40 x 60 oDen 3-sided oavilion with ADAroll u window and I for servi
$ 1.1.1 The Owner's program for the Project:(lnsert the Ovner's progrqm, identify documentqlion tha! eslablishes lhe Owner's program, or state the manner in
v hich the programwill be developed..l
I Undecided at time ofexecution.
$ '1.'1.2 The Project's physical characteristics:(Ifuntifl or descrhe peninent informqtion aboul the Project's physicql chqracteristics, such as size; locqtion;dimensions; geolechnical reports: site boundaries; topographic sumeys; lrafrc and ulility studies; qvqilabilily ofpublic and private ulilities and services; legal description of the site, etc.)
New Stancil Expo Pavilion 40 x 60 open 3-sided pavilion with ADA family restroom. two additional restrooms. small
kitchen with roll up window and ledge for servins food with a mezzanine storage area with concrete slab under the
open-air pavilion.
$ 1.1.3 The Owner's budget forthe Cost ofthe Work, as defined in Section 6.1(Provide totql qnd, if known, a line item breakdown.)
2AIA Document Sl Ol' - 2 o 1 7 . Copyright O 1 974, 1 978, 1987, '1997, 2007 and 2017 by The Am6dcan lnslituE of Arcnitecls. All rEhts r€sarv€d. The 'America n
lnstrtuie of Architecls ' 'AlA ' the A LA Logo, a nd AIA Conrracr Oocuments a re regrstered lrad ema rks and may nol be used without permrssron This docLrment wasproduced by AIA software at 08:16:31 CT on 07130/2021 undsr Order No-7786836705 which oxpires on 0920/2021. is not lor resal6, i6licensed for ons-tims useonly, and may only b€ used in accordance with the AIA Conlract Oocuments@ T6rms of Servic€. To report copyright violations, e-mail [email protected]!6r Notos: (1949788525)
mezzanine storaqe area with concrete slab under the open air Davilion.
lnit.
TBD
$ 1.1.4The Owner's anticipated design and construction milestone dates
.1 Design phase milestone dates. ifanyl
Not Applicable.
.2 Constructioncommencementdate:
Uoon "Notice to Proceed"
.3 Substantial Completion date or dates:
I year after the "Notice to Proceed" has been issued.
,4 Other milestone dates:
Not Applicable.
$ 1.1.5 The Owner intends the following procurement and delivery method for the Project:(ldentifi uethod such as cotnpelitive bid ot negotialed contrdct, as well as any requirements .for accelerated orfasftrack design and conslruclion, multiple bid packages, or phased construction.)
Competitive Sealed Proposals
$ 1,1.6 The Owner's anticipated Sustainable Objective for the Project:(ldentify and describe the Owner's Sustainable Objective.[or the Prcject, if any.)
Not Applicable.
$ 1.1.6.1 Ifthe Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIADocument E204rL2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions andservices related to the Owner's Sustainable Objective. If E20+2017 is incorporated inlo this agreemenr, the Ownerand Architect shall incorpoate the completed E204 2017 into the agreements with the consultants and contractorcperforming services or Work in any way associated with the Sustainable Objective.
$ .l.1,7 The Owner identifies the following representative in accordance with Section 5.3:
(List name, addtess, and other contact information.)
$ 1.1.8 The persons or entities, in addition to the Owner's representative, who are required to reviow the Architect'ssubmittals to the Owner are as follows:(Lisl norne, address. and other contact information.)
I Unknown at time ofexecution.
$ l.l.9TheOwnershall retain the following consultants and contractors(List namq legql stdtus, address, qnd other contdct information.)
lnit. AIA Document B10l- - 20 17. Copyright O 1974, 1978, 1987, 1997, 2007 and 2017 by The Amedcan lnslituE of Archneds. All rights r*erved. The _Amencan
nstriuteofArchilecls"AA,_theAALogoand'AlAConlraclOocurnents'arereglsteredtademarksandmaynotbe!sedwithoutpermssro.Thisdocum6nlwasproduced by AIA software at 08:16:31 CT on 07/30/2021 under Oder No.7786836705 wlrich expir6 on O92Ol2021, is not lor resale, E lic€nsed frcr one-time useonly, and may only be lsed in accordanc€ wilh the AIA Contact Documenis@ Toms of Service. To report copyright violations, e-mail copydgh@aia orgthor Note3: (1949788526)
I
Bobby PenninetonCitv Manaeer907 E. Houston StreetCleveland,. TX [email protected]
I
I
I
I
the following representative in accordance with Section 2.3:
identified in Sections 1.1.11.1 and 1.1.11.2:
,)
conlacl information.)
Services:
,3 Eleetrieal Engineer: 4 Landscape Architect:
$ 1.1.11.2 Consultants retained under Supplemental Services:
.l
lnit.AIA Docum€nt Bl01 ' - 2 o 1 7. Copyrighl O 1 974, 1 978, 1 987, 1997, 2007 and 2017 by The American lnstitute of Arcnitecb. All dghts res€rved The Amer cannstriute ofArchriects " "A A." ihe AIA Logo and'AlA Contract oocumenls^ are reg stered trademarts and may not be used withoul pe.mrssion Thisdocumentwas ,
produced by AIA softwarg at 08r'16:31 CT on 07/30/2021 und6r Order No.77E6830705 which expires on 09/20/2021, is not for r3sale, is licens€d k)r one-time useonly, and may only b6 used in accordanc6 wath lhe AIA Conlract Documsnts@ Terms ol Servic€. To roport copyright violations, o'mail [email protected]: (1949788526)
@ineeri
,2----eivd-Eagin€€r:
3----gS€rrif€riri
Unknown al the time ofexecution
Ralr Holliday. AIA. PrincioalBrown Reynolds Watford Architects. Inc.175 Century Souare Drive. Suite 350Collese Station- TX 77840
Brown Reynolds Watford Architects. Inc.175 Century Souare Drive. Suite 350Colleqe Station. Tx 77840
I
I
I
I
I
I
TBD
.2 GeotechnicalEngineer
TBD
,3 ConstructionManaeementServices:
TBD
$ '1.'1.12 Other Initial lnformation on whichthe Agrcement is based
Not Apolicable.
$ 1,2 The Owner and Architect may rely on the tnitial lnformation. Both parties, however, recognize that the lnitialInformation may materially change and, irl that event, the Owner and the Architect shall appropriately adjust theArchitect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjustthe Omer's budget for the Cost of the Work and the Owner's anlicipated design and comtruction milestones, asnecessary, to accommodate material changes in the Initial lnformation.
$ 1,3 The parties shall agree upon protocols governing the tansmission and use oflnstruments of Service or any otherinformationordocumentationindigitalform.ThepartieswiIluse@@andDigitalDataExhibit,toestablishtheprotocolsforthedeveIopment,use,transmission, and exchange ofdigital data.
$ 1.3.1 Any use of, or reliance on, all ora portion ofa building information model without agreement to protocolsgoveming the use of, and reliance on, the information contained in the model and without having those protocols setforth in AIA Document E203rrL20l3, Building lnformation Modeling and Digital Data Exhibit, and the requisiteAIA Document G202rL2013, Project Building tnformation Modeling Protocol Form, shall be at the using or relyingparty's sole risk afld without liability to the other party and ils contractors or consultants, the authors of, or contributorsto, the building information model, and each oftheir agents and employees.
ARTICLE 2 ARCHITECT'S RESPOT{SIBILITIES
S 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represerts that itis pmperly licensed in thejurisdiction where the Project is located to provide the services required by this Agreement,or shall cause such services to be performed by appropriately licensed design professionals.
Arch itecturalo Descriotion ofbasic services listed under Scooe of Services bv Proiect Phase.
Demolition site Dlan ofbuildinss and other structures
CivilDrainaIe. and oavins desim
o Gradins soot elevations adeouate for TA compliance; driveway and parkins lot desien. Site Utilities. Storm Water Se\aer Ensineering
Structural. Foundation and Structural Framins
5lnit.
AIA Document B10l _ - 2 o r 7. Copyrighl O 1 974, 1 978, 1 987, 1 997, 2007 and 201 7 by The American ln3litui6 of Architecls. All rights resewed. The "Amencanlnsirtute olArchrtects. AIA the AIA Logo and AIA contract Documents' a.e reg stered trademarks and may nol be used withoul penn sson This documentwasproduced by AIA sollwar6 al08:16:31 CT on 0780/2021 under Order No.7786836705 which expires on 09/20/2021, is not for r6sele, is licensed lor one.iime useonly, and mayonly be ussd in accordance with ths AIA Contract Documentso Terms of SeNice. To report copyright violations, e"mail [email protected] Noto3: (1949788526)
I. SCOPE OF ARCHITECTURAL SERVICES:
Mechanical. Plumbine and Electrical. Electrical power. liehtins. and fire alarm systems
. Coordination with utilitv companies for electrical power
Additional Services to be performed:. Geotechnical Report. Permittins Submittal Process
Topographic Survey / Boundary. Easements DescriDtions Survey (owner Drovided or Additional Services)
II. EXCLT]SIONS FRO]II BASIC SERVICES:
Architectural. As-Built drawines ofexistine buildinp. and other structures
. Professional models and renderinqs produced out-of-house
I LEED Cerlification
Landscape. I-andscane desisn to meet Tonins Ordinance reo
"irpmpntc ac ,nnlicahle ,nd dro"sht-toleranr/N
Structuralo Structural Windstorm Cenification. WPI - 8 Cenification: insDections and submissions to obtain
veeetation goals.
LandscaDe Irrisationo Irrisation Derformanca sDecificalion and drawins (Contractor to Drovide shoD drawinss)
certification.
Civil. Storm water detention Dond and storm water quality manaqement desiqn
o Zonine modifications. includins street abandonments, easements
. Environmental or hazardous materials conditions / issues
. Traffic Ensinecrins. Traffic Analysis and Traffic Controls
TX Dot Coordination
TCEO Coordination
Water Well Desisn andlor seotic system desiqn
ProDertv Plat
6lniL AIAOocum.ntBl0l_-2o17.CopyrightO1974,1978, 1987. 1997.2007 and 2017 by Th. American ln8lilut of Archilacts All righb res€rv€d. Ihe -Aner ca.
lnsllute ol Arch tecrs AA theAlALogo and A A Contract Doclmenrs are reg slered tradernarks and may notbeusedwrnoll perm sslon Thisdocumentwasproduced by AIA softwarcst08:16:31 CTon 07/3012021 und€r Ord6r No.7785836705 which oxpiros on 09/202021, is not for l6sel6, i3licensed i on.-tjme useonly, End may only b6 us€d in accordance wlth the AIA Contracl Oocumentso Terms ol Seruic€ To report copydght violations, e meil copyrigh@eh,org.U.er l{ot*: (1S4978E526)
The services shown below are not anticioated at this time: however. oroiect requirements identified during desien mavreouire them to be added.
o Preparation or assistance ofadditional bid packases afier the initial bid. PreDaration or assistance ofContract Documents Between Owner and Contractor. Full-time on-site construction observation. Environmental or hazardous materials conditions / issues
. Fumiture and ofiice equipment procurement
. Fitness eouipment Drocurement
Mechanical. Plumbinq and Electrical. Mechanical systems. includins temperature controls svstems and written sequence ofoperations.. Fire proteclion (sprinkler svstem) performance specification (Contractor to provide shop drawinqs'|.. Coordination with [tilitv companies for: telephone. fiber. cable TV. etc. service entrances,o Emergencv Generator. Station radio. antenna and alertine svstems coordination. Conduit and boxes for Securitv emplovee card control
. Commissionins
. Telecommunications and computer eouipment and wirin-q, iueluding voice d4ta, cable TV. fiber opticcablins. wire manaqement systems and terminations.
I II. OWNER RESPONSIBILITIES
. The Owner shall not increase or decrease the overall budset. or the Dortion the budset allocated forconstruclion or conlinsencies- without modifvinp the agreement ofthe Architect 10 a corresDondine chanee
. The Owner shall provide written comments within fourteen (14) calendar davs pertainine to documentssubmitted bv the Architect in order to avoid unreaso ble delav in the orderlv and seouential orosress oftheA.chitects'services. The Owner shall not loqdi& a decision once given to the Architect without additional
. Should the Owner fail to per&@ lecessary responsibilities to adyance the proiect or fail to make payments
to the Architect. the Architect shall have the risht to terminare this contract upon written notice to the OwnerThe Architect's services are coovrishted and for the sole benefit of the CiW of Cleveland. r"-o third party may
be e Architect's services or ucts for this ect. In the th
IV.OWNER PROVIDED SERVICES AND SYSTE]\I
The Owner shall fumish services or buildioq systems other than Basic Services or authorize the Architect to fumishthem as an Additional Service. when such services are qired lo complele the proiect. These services may includethose listed below as applicable:
. Laboratorv materials testins / ins Dections (durinq construction)
. Texas Accessibiliw Standards site insoection at mpletion ofconstruction. Architect will submit planreview. The Dlan review fee is a reimbursable expense. Architect will also have the RAS submit a feeproposal to the Owner for the site inspection.Telecommunications and comDuler equiomen fiber ootic cabling. wire management systems. and
Kick OffMeeti Review Sco ofwork wi ectchain of command for distributinq information.
2. Prosrammine. BRW- workins with Citv of Cle land Staff. will develoo a prosram ofsoaces for thenew pavilion.
7lnit. Al,A Oocum€rt 9101' - 20 17. Copynght O 1974, 1978, 1987, 1997, 2007 and 2017 by The Amedcan lnstitute of Architects. Allrights reserved. The 'Amer can
lnstrtute of A.chltects -AA'theAALogo and AIA Contracl Documents are regrstered lrademarksand may.otbe used without permrsson Thisdocumentwasproduced by AIA software at 08: 16:31 CT on 07/30/2021 under Order No.7766836705 which expires on 0920/2021 , is not for resale is licensed for one-time ussonly, end may only be used in accordance with lhe AIA Contract Doclmentsc T6rms ofSeNica. To report copyight violations, e-m6il copydght@aia org.t ler l{otes: (1949788526)
. Buildinq Utilia bill estimatesr Technoloey Desisn and Documentationr Enersv Eflicient LEED Desien/Certification / Life Cvcle AnalvsisI Pre-emption Lisht Desisn. Lishtninq Protection. Acoustical Desisn and Documentation
r Audio/Visual Desienr IT and Telephone Desien & Ensineerinq / Securitv
irr the project scope. qualib.. and/or professional service fees.
compensation to the Architect.
the new owner shall have no recoursc or benefit lronr the Architect's services rendered for this project.
temrinations
V. SCOPF, OF SERVI('ES B} PROJIiCT PHASE:
A. ProeranrmingKick Ofl
? a^,1- research. Research ,,il.tiho a^.lF rF^,,iramFnr. .. r,Fll "<
nl"hhinoelectrical. lighting. ard mechanical. site. floodplain. TAS by identirying reouirements andrestrictions related to the new buildinq.
B. Schematic Desisn
l. Schematic Desisn documents shall include a site plan. building plans. sections and elevations.selections ofm UI and
drawinss or described in writing. During the desisn process. the Architect shall work with theOwLer's consultants under separate contact to coordinate the scope ofthe proiect. The SchematicDesisn ohase shall include three (2) workine desien meetines with the Owner.
2. S@oment of Probable Cost. BRW will provide a statement of probably cost at the completion ofSchemalic Design. which will be seneral estimate developed from several cost data bases ircludins
the cost uare foot SLI
lv Frter ^fN^ri.c f^ Proc BRW will ect
estimate.
3, Presentations. If requested. BRW will make one ( I ) presentation 1o the Owner for their approval ofthe desiqn.
C. Construction Documents
I . 'Ihe Architect shall oroyide Construction Documents based on the approved Schematic DesienDocuments and uDdated Drobable cost of the W The Construction Documents I set forth ishal
detail the requirements for construction of the Proiect. The Conslruction Documents shall includeDrawinss and Specifications that establish in detail the qualitv levels ofmalerials and project systemsrequired for construction.
2. The Architect shall update the estimate ofthe Cost ofthe Work and proiect schedule at 507o and
95%o completion ofConstruction Documents. The Statement of Probably Cost shall be an estimate
The Statement ofProbably Cost will also include oroiect costs consistins ofaltemates to the bid.owner provided fumiture and equipment. an allowance for construction testine. alons with the
The includes Generated C Architectural and lneenDesiqn Continsencv. and unforeseen construction conditions. It is recoqnized that neither the
contractor's methods ofdeterminins bid prices. over competitive biddils. or market conditions.Accordinsly. the Architect acknowledqes that the bids may vary from the Owner's budset or theArchitect's cost estimates-
3. Durine the development ofthe Construction Documents. the Architects shall orepare a ProiectManual includine ( I ) bidding and procurement information which describes the time. olace and
conditions of biddins: biddins or proposal forms: and (2) the Conditions ofthe contract forConstruction (General. Supolementarv and other Conditions).
4. Final desim and coordination of the civil. structural. mechanical. electrical. and olumbine will be
completed. Mechanical eneineerine will include sizing ofeouioment. ducts. diffusers. dampers. andappropriate calculations. Plunbins ensioeer will include desiqn of wastewater svstem tied into theexistine svstem. supplv water. and sas svstem (as needed). Electrical eneineer will orovide lishtineand electrical power. Civil ensineerine work will be reviewed and coordinated. and final details willbe drawn and soecified.
Ilnit.AIA Document Bl0l' - 2 o I 7. Copydghl O 1974 . 197a, 19a7 , 1997 , 2007 and 201 7 by The American lnslitute of Architects. All rithts reseNed. T he Amerlcanrnsi ru te oi Arch tects ' A A the AIA Logo and 'AlA Contract Doc! me nts are regisiered lrademafts a nd may nor be used wlthoot perm sslor This document wasprcduced by AIA software al08:'16:31 CT on 07/30/2021 und6r Order No.7786836705 which expires on 09/20/2021, is not for Issale, is lic€ns€d for one-time us€only, and may only be us€d in accordanca with tlaAlA Conaad Documents@ T6rms of Service. To report copyright violations, 6-mail [email protected] l{ot$: (1949788526)
to include materials. eouiDment. comDonent svstems and construction tyDes for construction costs.
Architect nor the Owner has control over the cost of labor. materials or equipment. over the
6. Provide one (l) Fumishine Plan at 90% com pletion of Construction Documents. Documents
itect s ost Estimate and Schedule and submit for rm itlans to the Owner for Submi Ir ces artment for their review and submit
the reouired numher of sets of drawin os to the Buildins InsDection DeDartment for their revierry
8. Submit olans and coordinate with Texas partment ofLicensins and Reculation (TDLR) orResistered Accessibilitv SDecialist (RAS) for accessibility review and countv permittins. Obtain EA BNumber and PIan Review R rt and aDDroval for permit
10. Coordination ofall architectural drawinss will be detailed and finalized. Specifications will becoordinated with drawinss afld comDleted. BRW shall orovide the so icitation documcnts forinclusion in the specifications.
I l. The Construction Documentation Phase shall consist offour (4) meetines Construction Documents
comDletion for the Owner's review and comment. Final deliverables a I 00olo comDletion shall
ati and one ele nt Co on Documents in PDF
D. Bid Phase
l. Provide the drawinss and soecifications to the contractors thro h our website. Hard coovdocuments will be provided by the Arch itecl 1o the Contractor at an additional cost
3. The Architect shall ore Dare resDonses to ouestions from oroDosers and provide clarifications andintemretations of the Contract cu ents in the form ofAddenda
4. The Architect shall nsider reouests for substitutions durinp the nricins eriod. as Dermifted bv theContract Documents, and shall prepare Addenda includine apDroved submittals.
Al,A Docum€nt Bl0l- - 2017 Copynghto 1974, 1978, 19E7, 1997,2007 and 2017 by The Ametuan lnstituts otArchitacB. Attrights resorved- The_America.lnsttule of Arch itecls ''AlA the AIA Logo and AIAconrract Doc!men6'are regrsr€red rmdema rks a n d may norbe used wrrhout permrssron Thisdocumentwasproduced by AIA software at 08:16:31 CT on 07/3012021 under Ord€r No.7786836705 which expires on 09/2012021, is not for.esate, is licensed for one-iime useonly, end may only be used in accordance wilh lhs AIA Contract Documsntso Terms of Service. To repo.t copyright viotations, 6.mait [email protected] Nor.5: l19a97SES26)
lnit.
orovided in PDF format.
7. Prepare complete Construction Documents- includins 9070 wrihen responses. Specifications.
9. Correct olans to reflect issues noted by Review for Permit.
ohase deliverables shall include two full-size sets ofdocuments at 507o comoletion and 95%o
include five (3) sets offull-size sets of prints. three ( I ) sets ofspecifications. one (l ) set ofunbound
Specifications in PDF format.
12. Coordination oiall architectural drawine will be detailed and finalized. Soecifications willbe coordinated with drawinss and comoleted. BRW shall provide the solicitationdocuments for inclusion in the specifications.
2. Ifthe Owner intends to utilize Competitive Sealed Proposal deliverv method for the proiect.drawines and specifications will be orovided to the Owner for postins.
5. The Architect will lead and conduct a ore-oroposal conference for orosoective bidders.
6. BRW will assist the Owner durinq the biddine ohase.
E, Construction Administration Phase
I . Prepare and chair Pre-Construction meeting with asenda and sign-in sheet.
2. Attend and chair (or as reouested by Project Manaper) construction proqress meetinss basedrouqhlv on one (l ) meetine per month on site.
9
3. The Architect shall not have authority over or responsibilitv for the means. methods. techniques.
ion as selected Cor for the fai
Contractor to comDly with Iaws. rules. resulations. ordinances. codes or orders aoolicable to the
Contractor fumishing and performing the work.
4. The Architect shall review and aDDrove or take other aDDroDriate ion uDon Contractor's
submittals such as shop drawines. product data. samoles. and mock-ups for qeneral conformancewith information given and the desisn conceot exoressed in the Contract Documents. Review is notconducted for the Durpose ofdetermining the accuracy. completeness. or quantities. or forsubstantiating instructions for installation or performance ofequipment or svstems.
and Certification for Payment. The issuance of a Certification for Pavment shall not be a
reDresentation at the Architect has ( l) made exhausti ve or continuous on-site ecti ons to check
technis received from liers
how or for what DurDose the Contractor has used mone v oreviouslv oaid on ac of the contract
su!!L
6. The Architect shall visit the site to become generallv familiar with the proeress ofthe qualitv ofthe
constructi ect
e the n effortwith the
sp€cifications.
8. Architect shall oerform final closeout procedures as defined in the Contract Documents. includingnrenaration and verification of Punch Lists for the Contractor's use.
9. Construction Administration services bevond the followins limits shall be an Additional Service:
o Evaluation of Contractor's suhstitution reouests after thirtv ) davs followins the
execution of the contnct. Owner reouested project scooe chanses resulting in chanees to the Construction
Documents. Evaluation ofcl s submitted bv the Contractor in conn with the work
. One ( I ) eleven I I l) monlh warrantv \a alk through afler completion.
Administrati 60
divided the IOn lngonstruction contracl.
$ 2,2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall
lnit.Al,A Document B,lOl' - 2017. Copyright O 1974, 1978, 1987, 1997.2007 and 2Ol7 by The American lnsttub of Architecls. All righE reserv€d. The -amerlen
nsrrruie ofArchrrecrs "'AtA theAlALogo and"AlA Contract Doc!ments'are reg slered lrademarks and may nol be used w(hout perm sson This documenl was lOprodocsd by AtA software et 08.16:31 CTon 07/30/2021 under Ord€. No.778683670S whictr expires on 09/20/2021, iE not icr resale, as lac€ns€d for one_lime us€ ' -onty, and may onty be us6d in .ccordance with ti€ AIA Contract Documents@ T€rms of Service To report copyrighl violations, e-mail copyrigh@a'€.org.
ulorNotes: (1919788526)
5. The Architect shall review and certify the amounts reouested by the Contractor on the Application
work completed (assuminq work is onsoine). The Architect's representative shall attend
Dre-araneed Droeress meetings and preDare field reDorts described the status ofthe work and anv
deviations observed from the Construction Documents.
7. Throueh the construction administration activities with monthlv orosress meetinss. submittal
Substantial Completion. orieinallv established in the construction contract shall be AdditionalServices. with the exception offinal completion and proiect closeout. and warranw walk. Themonthly Iump-sum fee for extended Construction Administration (CA) services shall be the CA
perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress ofthe Project.
$ 2.3 The Architect shall identi& a representative authorized to act on behalfofthe Architect wilh respect to theProject.
S 2.5 The Architect shall maintain the following insurance until termination ofthis Agreement. Ifany oftherequiremenxs set forth below are in addition to the types and limits the Architect normally maintains, the Owner shallpay the Architect as set forth in Section I 1.9.
$ 2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policylimits ofnot less than One Million Dollars ($ 1.000.000.00 ) per accident for bodily injury, death ofany person, andproperty damage arising out oftlle ownership, maintenance and use ofthose motor vehicles, along with any otherstatutorily required automobile coverage.
$ 2,5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and AutomobileLiability through a combination ofprimary and excess or umbrella liability insurance, provided such primary andexcess or umbrella liability insurance policies result in the same or greater coverage as the coverages required underSeclions 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coveragethan the p.imary policy. The excess policy shall not require the exhaustion ofthe underlying limits only through th€actual paym€nt by the underlying insurers.
$ 2,5.4 Workers' Compensation at statutory limits.
$ 2.5.6 Professional Liability covering negligent acts, erors and omissions in the performance ofprofessional serviceswith policy limits of not lcss than Two Million Dollars ($ 2.000.000.00 )perclaimand FourMillion Dollars ($4.000.000.00 ) in the agg.egate.
$ 2.5.7 Additional lnsured Obligations. To the fullest exlent permitted by law, the Architect shall cause the primary andexcess or umbrella polices for Commercial General Liability and Astomobile Liability to include the Owner as anadditional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additionalinsured coverage shall be primary and non-contdbutory to any ofthe Owner's insurance policies and shall apply toboth ongoing and completed operations.
$ 2.5.8 The Architect shall provide certificates ofinsurance to the Owner that evidence compliance with therequirements in this Section 2.5.
$ 3.'1.1 The Architect shall manage the Architect's services, research applicable design criteri4 attend Projectmeetings, communicate with members ofthe Project team, and report progress to the Owner.
lnit.AIA Document Bl0l_ - 2oi t. Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The Americ€n lnstjlute ofArchilecls. All rights reserved. The 'Amer canlnslrtule or Archrtects _AlA iheAIALogo and'AlA Contraci Documenls are reg,siered trademarks and may nol be used without pemission This document wasproduced by AIA soflware at 08:16:31 CT on 078012021 under Order No.7786836705 which expir* on 09/20/2021, b not for resale, is licens€d ior one-time useonly. and msy only b€ used in accordance with the AIA Cont'act Docum6nts6 Terms ot Service. To rBpo( copyngn violalions, e-mail copyright@aie orgU!.r l{ot$: (1949788526)
11
$ 2.rl Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept anyemployment, interest or contribution that would reasonably appear to compromise the Architect's professionaljudgment with respect to this Project.
$ 2.5.1 Commercial General Liability with policy limits of not less than Two Million Dollars ($ 2.000.000.00 ) foreach occurrence and FourMillion Dollars ($ 4.000.000.00 ) in the aggregate forbodily injury and property damage.
$ 2.5.5 Employers' Liability with policy limits not less than One Million Dollars ($ 1.000.000.00 ) each accident,One Million Dotlan ($ 1.000.000.00 ) each employee, and One Million Dollars ($ 1.000.000.00 ) policy limir.
ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES
S 3.1 The Architect's Basic Services consist ofthose described in this Article 3 and include usual and customarystructural, mechanical, and electrical engineering services. Servicas not set forth in this Article 3 are Supplemental orAdditiona[ Services.
$ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner'sconsultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, andtimeliness of, services and information fumished by the Owner and the Owner's consultants. The Architect shallprovide prompt written notice to the O\ .ner ifthe Architect becomes aware ofany error, omission, or inconsistency insuch services or information.
$ 3.1.3 As soon as practicable after the date ofthis Agreement, the Architect shall submit for the Owner's approval aschedule for the performance ofthe Architect's services. The schedule initially shall include anticipated dates for thecommencement ofconstruction and for Substantial Completion ofthe Work as sel forth in the Initial Information. Theschedule shall include allowances for periods of time required for the Owner's review, for the performance oftheOwner's consultants, and for approval ofsubmissions by authorities having jurisdiction over the Project. Onceapproved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded bythe Architect or O\Iner. With the Owner's approval, the Architect shall adjust the schedule, ifnecessary, as the Projectproceeds until the commencement of construction.
$ 3.1,4 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptanceof non-conforming Work, made or given without the Architect's written approval.
$ 3.1.5 The Architect shall contact govemnrental authorities required to approve the Construction Documents and
entities providing utility services to the Project. The Architect shall respond to applicable design requirementsimposcd by those aulhorities and entities.
$ 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documentsrequired fbr the approval ofgovemmental authorities having jurisdiction over the Project.
$ 3.2 Schematic Design Phale Services
$ 3,2,1 The Architect shall review the program and other information fumished by the Owner, and shall review laws,codes, and regulations applicable to the Arahitect's services.
$ 3.2.2 The Architect shall prepare a preliminary evaluation ofthe Owner's program, schedule, budget for the Cost ofthe Wort, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms ofthe other,lo ascertain tie requirements ofthe Project. The Architect shall notiry the Owner of(l) any inconsistenciesdiscovered in the information, and (2) other information or consulting services that may be reasonably needed for theProject.
$ 3,2,3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owneralremative approaches to design and construction ofthe Project. The Architect shall reach an understanding with theOwner regarding the requirements ofthe Project.
$ 3,2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for theOwner's approval, a preliminary design illustrating the scale and relationship ofthe Project components.
$ 3.2.5 Based on the Owner's approval ofthe preliminary design, the Architect shall prepare Schematic DesignDocuments for the Owner's approval. The Schematic Design Documents shall consist ofdrawings and otherdocuments including a site plan, ifappropriate, and preliminary building plans, sections and elevations; and mayinclude some combination ofstudy models, perspective sketches, or digital representations. Preliminary selections ofmajor building systems and construction materials shall be noted on the drawings or described in writing.
$ 3.2.5.1 The Architect shall consider sustainable design altematives, such as material choices and buildingorientation, together with other considerations based on program and aesthetics, in developing a desigo that isconsistent with the Owner's program, schedule and budget for the Cost ofthe Work. The Owner may obtain moreadvanced sustainable design services as a Supplemental Service under Section 4.1.1.
$ 3.2.5.2 The Architect shall considcr the value of altemative materials, building systems and equipment, togetherwith other considerations based on program and aesthetics, in developing a design for the Project that is consistentwith the Owner's program, schedule, and budget for the Cost ofthe Work.
ln it.Al,A Oocumont 8101' - 20 17. CopynghtO'1974, 1978, 1987, 1997, 2007 and 2017 by Th€ AmerEan lnstituE of turhhacts. All rights reserv6d. The'Arnercannstilule of Archrlects. -AA'theAlaLogo and -AlAConlract oocumenls'are regrslered tradema.ks and maynotbe u sed w tho ut permrsslon This documenl wss {,
producod by AIA software at O8:16i31 CT on OTBO/2021 underO.de.No.77868357O5whichexpiresonO9t2O/2O2l.i6notiorresal€,islic€nsediorone-limeuse'-only, and may only bc us€d in accordance with the AIA Contract Documenbp Terms ot S6Mce. To repori copyright violalions, e-maal [email protected] llot !r (1349788526)
$ 3,2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance withSection 6.3.
$ 3.2,7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval
Wi6o6igil
D€yelepment De€um€nts fer the ewneF" eppreyal, The Design Dsy€l€pment Do6uments shall illustrate and Ces€ribethe develepment €f the eppreved S€hematie D€sitn Doeuments and shall e€nsist efdrawings and sther Ce€um€nts
mqier materiels end s, stem' ard establish: in generali their quality levels,
a4justments te the estimate efthe €est ofthe \Yerki and request the Olwrer's appror'el.
S 3.4 Construction Documents Phase Seruices
$ 3.4.1 Based on the Owner's approval ofthe Design Development Documents, and on the Owner's authorization ofany adjustments in th€ Project requirements and the budget for the Cost ofthe Work, the Architect shall prepare
Construction Documents for the Owner's approval. Ths Construction Documents shall illustrate and describe thefurther development ofthe approved Design Development Documents and shall consist of Drawings andSpecifications setting forth in detail the quality levels and performance criteria ofmaterials and systems and otherrequirements for the construction ofthe Work. The Owner and Architect acknowledge that, in order to perform theWork, the Conkactorwill provide additional information, including Shop Drawings, Product Data, Sarnples and othersimilar submittals, which the Architect shall review in accordance with Seation 3.6.4.
$ 3.4.2 The Architect shall incorporate the design requirements ofgovemmental authorities having jurisdiction overthe hoject into the Construction Documents.
$ 3.4.3 During the development ofthe Construction Documents, the Architect shall assist the Owner in thedevelopment and preparation of(1) procurement information that describes the time, place, and conditions ofbidding,including bidding or proposal forms; (2) lhe form ofagreement between the Owner and Contractor; and (3) theConditions ofthe Contract for Construction (General, Supplementary and other Conditions). The Architect shall alsocompile a project manual that includes the Conditions ofthe Contract for Construction and Specifications, and mayinclude bidding requirements and sample forms.
$ 3.4.4 The Architect shall update the estimate for the Cost ofthe Work prepared in accordance with Section 6.3.
! 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments tothe estimate ofthe Cost ofthe Work, take any action required under Section 6.5, and rcquest the Owner's approval,
S 3.5 Procurement Phase SeNices
S 3.5.1 GeneralThe Architect shall assist the Owner in establishing a list ofprospective contractors. Following the Owner's approvalofthe Conslruction Documents, the Architect shall assist the Owner in (1) obtaining either aompetitive bids ornegotiated proposals; (2) confirming responsiveness ofbids or proposals; (3) determining the successful bid orproposal, ifany; and, (4) awarding and preparing contracts for construction.
lnit.
S 3.5.2 Competitive Bidding
$ 3.5.2.1 Bidding Documents shall consist ofbidding requirements and proposed Contract Documents.
AIA Documont Bto1- - 20i 7. Copydght 6 1974, 1978, 1987, 1997. 2007 and 2Or7 by The Americ€n lnsfrtute of Architecls All rights r€sarv€d. rhe -Amer can.stiiute of Arch lects "AlA theAALogo and AlA Contract Doc! me nts are regrsle.ed trademafts and may not be used witholt pemrssron Thisdocumentw€s ,t.l
producsd by AIA soltware at 08:16i31 CT on OZ3O|2021 under Ord€r No.7786836705 which expir€s on 09/20/2021, is not for r€sale, is lic6nsed lor one-lime use ' -only, and may only be used in accordence with the AIA Contracl Oocumentso Terms ol Seruice. To report copyright violation3, +mail copyrigh@aia org.lJ3er l{ot*: (1949788526)
$ 3.5.2.2 The Architect shall assist rhe Owner in bidding the Project by:.1 facilitating the distribution ofBiddirg Documents to prospective bidders;,2 organizing and conducting a pre-bid conference for prospective bidders;,3 preparing responses to questions from prospective bidders and providing clarifications and
interpretations ofthe Bidding Documents to the prospective bidders in the form ofaddenda; and,.4 organizing and conducting the opening ofthe bids, and subsequently documenting and distributing the
bidding results, as direcled by the Owner.
S 3.5.2.3 Ifthe Bidding Documents pemit substitutions, upon the Owner's written authorization, the Architect shall,as an Additional Service, consider requests for substitutions and prepare and distribute addenda identirying approvedsubstitutions to all prospective bidders.
S 3.5.3 Negotiated PropGals$ 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Conract Doauments
$ 3.5.3,2 The Architect shall assist the Owner in obtaining proposals by:.1 faoilitating the distribution of Proposal Documents for disriburion to prospective contractors and
requesting their retum upon completion ofthe negotiation process;,2 organizing and participating in selection interviews with prospective contractors;.3 preparing responses to questions from prospective contractors and providing clarifications and
interprctations ofthe Proposal Docum€nts to the prospective contractors in the form ofaddenda; and,.4 participating in negotiations with prospectiye contraclors, and subsequently preparing a summary
report ofthe negotiation results, as directed by the Owner.
$ 3.5.3.3 Ifthe Proposal Documents permit substitutions, upon the Owner's written authorization, the Architect shall,as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifoing approvedsubstitutions to all prospective conaactors.
S 3.6 Construc{ion Phase Services
$ 3.6.1 General
$ 3.6.1,1 The Architect shall provide administration ofthe Contract between the Ownerand the Contractor as set forthbelow and in AIA Document A201r.r2017, General Conditions of the Contract for Construction. lf the Owner andContractor modiry AIA Document A20l-2017, those modifications shall not affect the Architect's services under thisAgreement unless the Owner and the Architect amend this Agreement.
$ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architectshall have authority to act on behalfofthe Owner only to the extent provided in this Agreement. The Architect shallnot have control over, charge of, or responsibility for the construction means, methods, techniques, sequences orprooedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsiblefor the Contractor's failure 1o perform the Work in accordance with the requirements ofthe Contract Docume[ts. TheArchitect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or chargeof, and shall not be responsible for, acts or omissions ofthe Contractor or of any other persons or entities performingportions of the Work.
S 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect's responsibility to provideConstruction Phase Services commences with the award ofthe Contract for Construction and terminates on the datethe Architect issues the final Certificate for Payment.
S 3.6.2 Evaluations of the Work
$ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise requiredin Section 4.2.3, to become generally familiar with the progress and quality ofthe portion ofthe Work completed, andto dctermine, in general, ifthe Work observed is being performed in a manner indicating that the Work, when fullycompleted, will be in accordance with the Contract Documents, Howeyer, the Architect shall not be required to makeexhaustive or continuous on-site inspections to check the quality or quantity ofthe Work. On the basis ofthe site visits,the Architect shall keep the Owner reasonably informed about the progress and quality ofthe portion ofthe Workcompleted, and promptly report to the Owner ( I ) known deviations from the Contract Documents, (2) known
AIA Document B10l' - 2 o 1 7 . Copyright O 1 974, 1 978, 1967. 1997, 2007 and 2017 by me Am.ican lnstitue of Architects. All dghts r€s€rved. The Ame r canlnslrtute of Arch rtecls AlA theAALogo and"AlA Contacl Documenls'are reg slered lradernai<s a nd may notbe used wrthout perrnrss on Thisdocumenlwes l,produced byAIAsottwareat08:16:31CTon 0780/2021 under Oder No.77E0E36705 which oxpires on 09/2012021, is not for rosab, iB liceffied ior on€-trm6 use ''only, and may only b€ used in accordanc€ wilh lhe AIA Conlracl Documents@ T€rms ol Service To report copyright violations, e-mail copy.igh@a ia.org.UrorNotes: (1949788526)
lnit.
$ 3,6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Wheneverthe Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testingofthe Work in accordance with the provisions ofthe Contract Documents, whether or not the Work is fabricated.installed or completed. However, neither this authority ofthe Architect nor a decision made in good faith either toexercise or not to exercise such authority shall give rise to a duty or responsibility ofthe Architect to the Contractor,Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions ofthe Work.
5 3.6.2,4 Interpretations and decisions ofthe Architect shall be consistent with the intent oi and reasonably inferablefrom, the Contract Documents and shall be in writing or in the form ofdrawings. When making such interpretationsand decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall notshow partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. TheArchitect's decisions on matters relating to aesthetic effect shall be final ifconsistent with the intent expressed in theContract Documents.
! 3.6.2.5 Unless the Owner and Conhactor designate another person to serve as an lnitial Decision Maker, as that termisdefined in AIADocumentA20l 2017, the Architect shall render initial decisions on Claims between the OwnerandConfractor as provided in the Conract Documents.
0 3.6.3 Certiticates for Payment to Contraclor
$ 3.6.3.1 The Architect shall review and certifl the amounts due the Contracto! and shall issue certificates in suchamounts. The Architect's certification for payment shall constitute a representation to the Owner, based on theArchitect's evaluation ofthe Work as provided in Section 3.6.2 and on the data comprising the Contractor'sApplication for Payment, that, to the best ofthe Architect's knowledge, information and belief, the Work hasprogressed to the point indicated, the quality ofthe Work is in accordance with the Contract Documents, and that theContractor is entitled to payment in the amount certified. The foregoing representations are subject to (l ) an evaluationofthe Work for conformance with the Confiact Documents upon Substantial Completion, (2) results ofsubsequenttests and inspections, (3) conection of minor deviations from the Contract Documents prior to completion, and (4)specific qualifications expressed by the Architect.
$ 3.6.32 The issuance ofa Certificate for Payment shall not be a representation that the Architect has (l) madeexhaustive or continuous on-site inspections to check the quality or quantity ofthe Work, (2) reviewed constructionmeans, methods, techniques, sequences or procedures, (3) reviewed copies ofrequisitions received fromSubcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or (4) ascertained how or for what purpose the Contractor has used money previously paid on account ofthe ContractSum.
$ 3.6.3.3 The Architect shall maintain a record ofthe Applications and Certificates for Payment.
S 3.6.4 Submithls$ 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withholdapproval of the schedule. The Architect's action in reviewing submiftals shall be taken in accordance with theapproved submittal schedule or, in the absence ofan approved submittal schedule, with reasonable promptness whileallowing sufficient time, in the Architect's professional judgment, to permit adequate review.
$ 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractor's submittalssuch as Shop Drawings, Product Data and Samples, but only for the limited purpose ofchecking for conformance withinformation given and the design concept expressed in the Contract Documents. Review ofsuch submittals is not forthe purpose ofdetermining the accuracy and completeness ofother information such as dimensions, quantities, andinstallation or performance ofequipment or systems, which are the Contractor's responsibility. The Architect's review
lnit.AIA Oocum.nt 8101 - - 2 o 1 7 - Copydght @ 1 974, 1978, 1987, 1 997, 2007 and 2017 by The Americrn lnslituts of Archilects. All rights re36rv€d. rhe America nlnsttuieo,Archrtecls _AlA lheAIALogo and'AlA Cofii€ct Oocuments" are registercd tradema s and may ool be used w thoLrl perm ssron This doclment wasprDducad by AIA so{ttyare at 08:16:31 CT on 07/30/2021 und6r Order No.7786836705 which expires on 09/2012021, is nol ior ressle, is liclns€d for one-time useonly, and may only be used in accordanc€ wilh the AIA Conlract Oocumentsp Terms of SsMc€. To report copynght violations, e-rmil copyrigh@a'a.org.Uaer llot6r: (1949788526)
l5
deviations fiom the most recant construction schedule submifted by the Contractor, and (3) defects and deficienciesobserved in the Work.
$ 3,6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, theContract Documents on written request ofeither the Owner or Contractor. The Architect's response to such requestsshall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
shall not constitute approval of safety precautions or construction means, methods, techniques, sequences orprocedures. The Architect's approval ofa specific item shall not indicate approval ofan assembly ofwhich the item isa component.
S 3.6.4.3 Ifthe Contract Documents specifically require the Contractor to provide professional design sewices orcertifications by a design professional related to systems, materials, or equipment, the Architect shall speciS theappropriate performance and design criteria that such services must satisry. The Architect shall review and takeappropriate aotion on Shop Drawings and other submittals related to the Work designed or certified by theContractor's design professional, provided the submittals bear such professional's seal and signature when submittedto the Architect. The Architect's review shall be for the limited purpose ofchecking for conformance with informationgiven and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and
shall not be responsible fo1 the adequacy and accuracy ofthe services, ceftifications, and approvals performed orprovided by such design professionals.
S 3.6.4.{ Subject to Section 4.2, the Architect shall review and respond to requests for information about the ContractDocuments. The Architect shall set forth, in the Contract Documents, the requirements for requests for information.Requests for information shall include, at a minimum, a detailed written statement that indicales the specific Drawingsor Specifications in need ofclarification and the nature ofthe clarification requested. The Architect's response to suchrequests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. Ifappropriate, the Architect shall prspare and issue supplemental Drawings and Specifications in response to therequests for irformation.
$ 3,6.4.5 The Architect shal[ maintain a record of submittals and copies of submittals supplied by the Contractor iraccordance with the requirements ofthe Contract Documents.
$ 3.6.5 Changes in the Work
$ 3.6.5.1 The Architect may order m inor changes in the work that are consistent with the intent ofthe ContractDocuments and do not inyolve an adjustment in the Contract Sum or an extension ofthe Contract Time. Subject toSection 4.2, the Architect shall pr€pare Change Orders and Construcrion Change Directives for the Owner's approvaland execution in acrordance with the Contract Documents.
$ 3.6.5.2 The Architect shall maintain records relative to changes in the Work.
S 3.6.6 Pro,ect Completion
$ 3.6.6.1 The Architect shatl:.1 conduct inspections to determine the date or dates of Substantial Completion and the date of final
completion;.2 issueCertificatesofSubsrantialCompletion:.3 forward to the Owner, for the Orvner's review and records, written warranties and related documents
required by the Contract Documents and received from the Contractor; and,
.4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best oftheArchitect's knowledge, inlormation, and belie[, the Work complies with the requirements oftheContract Documents.
$ 3.6.6.2 The fuchitect's inspections shall be conducted with the Ownerto check conformance ofthe Work with therequirements ofthe Contract Documents and to verift the accuracy and completeness ofthe list submitted by theContractor of Work to be completed or corrected.
$ 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance ofthe Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, ifany, for final completion or correction ofthe Work.
$ 3.6.6.4 The Architect shall forward to the Owner the following information received fiom the Cortractor: ( I )consent ofsurety or sureties, ifany, to reduction in or partial release ofretainage or the making offinal payment; (2)affidavits, receipts, releases and waivers of liens, or bonds indemniling the Owner against liens; and (3) any otherdocumentation required ofthe Contractor under the Contract Documents.
lnit.AIA Document Bl01' - 2 o 1 7 . Copy,ighl @ 1974, 1978, 1 987, 1 997, 2007 and 2017 by The Ame.ican lnstitute of Architects. All rights res€rved. Ihe Arn er cannstrtuteolArchitecls'ArA the AIA Logo and'A A Coniract DocLrments" are reg'srered lr:demarks and may not be used without perm sson Thisdocumentwasproduced by AIA software at 08:16:31 CT on 07/30/2021 under Order No.7786836705 which expires on 09/2012021, is not ior resale, is licenssd for one-tme useonly, and msy only b€ used in accordanc€ with tl6 AIA Contract Oocum€ntso Tsrms of Seryice. To €port copydght violations, e-rnail [email protected] Not.!: (1949788526)
16
$ 3.6,6.5 Upon request ofthe Owner, and prior to the €xpiration ofone year iiom the date ofSubstantial Completion,the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facilityoperations and performance.
ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES
S 4.1 Supplemental Services
$ 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architectshall provide the listed Supplemental Services only ifspecifically designared in the table below as the Architect'sresponsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwisespecifically addressed in this Agreement, ifneither the Owner nor the Architect is designated, the parties agree that thelisted Supplemental Service is not being provided for the Project.(Designale the Archilecl's Supplemental Services and the Owner's Supplemental Semices requiredfor the Prcject byindicalingwhether the Archiled ot AMer shall be responsiblefor providing the identifed Supplemental Service.Insert a description of the Supplemental Sereices in Seclion 4. I .2 belov or atlach the descriplion ofservices as anexhibi, to this Agreement.)
Supplemental Services Responsibili9(Archilecl, Owne\ or nol provided)
$ 4.1.1.1 Proeramminq Architect
S 4.1.1.2 Multiple preliminary desiens Not Provided
$ 4.1.1.3 Measured drawings Not Provided
$ 4.'1.1.4 Existing facilities surveys
$ 4.1.1.5 Site evaluation and planning Architect
$ 4.1.1.6 Building Information Model managementresponsibilities
Not Provided
$ 4.1.1.7 Development ofBuilding Information Models forposl construction use
Not Provided
$ 4.1.1.8 Civil engineering Architect
$ 4.1.1.9 Landscape design Architect
$ 4.1.1.10 Architectural interior design NotProvided
S 4.1.'1.11 Value analysis Not Provided
$ 4.1.1.12 Detailed cost estimating beyond thatrequired in Section 6.3
Architect
S 4.1.1.13 On-site proiect representation
S 4.'1.'1.14 Conformed documents for construction
S 4.1.1.'15 As-designed record drawinqs
S 4.1.1.'16 As-constructed record drawinas
S 4.1.1.17 Post-occupancy evaluation
S 4.1.1.18 Facility support services
S 4.1.1.19 Tenant-related services
$ 4,1.1,20 Architect's coordination ofthe Owner'sconsultants
Architect
$ 4,1,1.21 Tetecommunications/datadesiqn
$ 4.1,1.22 Security evaluation and planning olvner Provided
$ 4.1.1.23 Commissionine Not Provided
! 4.'1.1.24 Sustainable Project Sewices pursuant to Section4.1.3
Not Provided
S 4.1.1.25 Fast-track design services Not Provided
lnit.AIA Docum€nt B l0l' - 2 o I 7. Copyight O 1 974, 1 978, 1987, 1997, 2007 and 2017 by The Amedcan lnsttute of Architecls All rights reserved. The "Amercan
n strllle or Arch lecls " 'AlA ' the AIA Logo a nd AIA c ontracl Docu ments- are .egisre.ed tmde ma rks an d r.a y noi be used w rlhou! permrssion This document was {7produc6d by AIA s.ftrrare al 06:16:31 CTon 07,30X2021 under Order No.7785835705 wltich expirB on 09202021, is nol for r6sal€, is licsns€d lor one-tme use ''only, and may only b€ used in accordance wilh lhe AIA Cont'acl Documenbq Terms of Servic€. To rsport copyright violatons, 6-mail copyrigh@aia oigUaer lloter: (1S49788526)
I
I
I
I
I
I
I
i
I
I
I
I
Not Provided
Architect
Not Provided
Not Provided
Architect
Not Provided
Not Provided
Not Provided
owner Provided
Supplemental Services Responsibility(Architect, Owner, or not provided)
$ 4.1.1.26 Multiple bid packases Not Provided
S 4.1.1.27 Historic preservation Not Provided
$ 4.1.1.28 Fumiture, fumishings, and equipment desisn Nol Providcd
$ 4.'1.1.29 Other services provided by specialty Consultants
5 4.'1.1.30 Other Supplemental Services
5 4,1.2 0escription ofSupplemental Serv'ces
$ 4.'1.2.1 A description ofeach Supplemental Service identified in Section 4.1.1 as the Architect's responsibility isprovided below.(Describe in detail the Architect's Supplemental Services idenlified in Section 4.1.1 or, ifsetforth in an exhibit,idenlify lhe exhibil. The AIA publishes a mrmber oJ Standard Form of,lrchitect's Services documents lhat can heincluded as an exhibit to descrihe the Architect's Supplemental Services )
Refer to Section 2.1 ofthis asreement
$ 4.1.2.2 A description ofeach Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is
provided below.(Descrihe in detqil the Owner's Sttpplemental Sert'ices idenfirted in Se. tion I I . I or, if set lnh in an exhibit, identtfythe exhihit )
S 4.1.3 Ifthe O\ ner identified a Sustainable Objective in Article I , the Architect shall provide, as a SupplementalService, the Sustainability Services required in AIA Document E204rL2017, Sustainable Projects Exhibit, attachedto this Agreement. The Owner shall compensate the Architect as provided in Section I I.2.
S 4.2 Archit€ct's Additional ServicesThe Architect may provide Additional Services after execution ofthis Agreement without invalidating the Agreement.Except for services required due to the fault ofthe Architecr, any Addirional Services provided in accordance with thisSection 4.2 shall entitle the Architect to compensation pursuant to Section I 1.3 and an appropriate adjustment in theArchitect's schedule.
$ t1.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notifo the ownerwith reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall notproceed to provide the following Additional Services until the Architect receives the Owner's written authorization:
.l Services necessitated by a change in the [nitial lnformation, previous instructions or approvals given bythe Owne., or a material change in the Project including size, quality, aomplexity, the Owner'sschedule or budget for Cost ofthe Work, or procurement or delivery method;
.2 Services necessitated by the enactment or revision ofcodes, laws, or regulations, including changing orediting previously prepared Instruments of Service;
,3 Changing or editing previously prepared Instruments ofService necessitated by official interpretationsofapplicable codes, laws or regulations that are either (a) contrary to specific interpretations by theapplicable authorities having jurisdiction made prior to the issuance ofthe building permit, or (b)contrary to requirements ofthe Instruments of Service when those Instruments ofService wereprepared in accordance with the applicable standard of care;
.4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure ofperformance on the part ofthe Owner or the Owner's consultants or contractors;
.5 Preparing digital models or other design documentation for transmission to the Owner's consultantsand contractors, or to other Owner-authorized recipients;
.6 Preparation ofdesign and documentation for altemate bid or proposal requests proposed by the Owner;
.7 Prepamtion for, and attendance at, a public presentation, meeting or hearing;
.8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except wherethe Architect is party thercto;
lnit.AIA Document 8101 - - 2 o 1 7. Copyright @ 1 974, 197E, 1 987, 1 997, 2007 and 201 7 by The Amedcan lnstitute of Arcirtects. All nghB .e3€ ed. The Amenca n
lnstiute ol Arch tecls AIA theAALogo and'A AContract Doclments'are regstered trademarks and may notbe used wilholt permrsslon This document was lnBoduc€d by AIA software st 08:16:31 CT on 07130/2021 und€rOrd€rNo.7786A36705whichexpireson09/2012021,bnotforr€sale,islk:€ns€dioron6.tmeuse'-only, and may only be used in accordance with the AIA Contract Oocumentso Tems of Sorvire To report copyright violations, e-msil copyrigh@a'a.orgU3erNoter: (1949788526)
I
I
I
I
I
I
Not Provided
Not Provided
9 Evaluation ofthe qualifications ofentities providing bids or proposals;10 Consultation conceming replacement of Work resulting from fire or other cause during construction;
OI,1l Assistance to the lnitial Decision Maker. ifother than the Architect.
$ 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notifythe Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. ll uponreceipt ofthe Architeat's notic€, the Owner determines that all or parts ofthe services are not required, the Owner shallgive prompt *,ritten notice to the Architect oflhe Owner's determination, The Owner shall compensate the Architectfor the services provided prior to the Architect's receipt ofthe Owner's notice.
,1 Reviewing a Contractor's subminal out of sequence from the submittal schedule approved by theArchitecq
.2 Responding to the Contractor's requests for information that are not prepared in accordance with theContract Documents or where such information is available to the Contractor from a careful study andcomparison ofthe Contract Documents, field conditions, other Owner-provided information,Contractor-prepared coordination drawings. or prior Project correspondence or documentation;
.3 Preparing Change Orders and Construction Change Dircctives that require evaluation ofContractor'sproposals and supporting dat4 or the preparation or revision of Instruments ofServic€;
.4 Evaluating an extensiye number ofClaims as the Initial Decision Maker; or,
.5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions toInstruments of Service resulting therefrom.
S 4.2,3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as AdditionalServices. When the limi6 below are reached, the Architect shall noti$ the Owner:
.1 Iyo-( !-) reviews ofeach Shop Drawing, Product Data item, sample and similar submittals oftheContractor
.2 Fourteen ( !L) visits to the sile by the Architcct during €enstre€tioflthe duration ofthe Proiect: Six6 durin desi n and E 8 durin construction. Add
be a reimbursable expense to the Architect..3 One ( I ) inspections for any portion ofthe Work to determine whether such portion ofthe Work is
substanlially complete in accordance with the requirements ofthe Contract Documents.4 QSe_( L) inspections for any portion ofth€ Work to determine final completion.
$ 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth inSection 4.2.3, Construction Phase Services provided more than 60 days after (l )the date of Substantial Completion ofthe Work or (2) the initial date ofSubstantial Completion identified in the agreement betwecn the Owner andContractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incursadditional cost in providing those Construction Phase Services.
ARTICLES OWNER'S RESPONSIBILITIES
$ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely mannerregarding requirements for and limitations on the Project, including a written program, which shall set forth theOwner's objectives; schedule; constraints and criteri4 including space requirements and relationships; flexibility;expandability; special equipment; systems; and site requirements.
$ 5.2 Tlre Owner shall establish the Owner's budget for the Project, including (l) the budget for the Cost ofthe Workas defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all ofthese costs.The Owner shall update the Owner's budget for the Project as necessary throughout the duration ofthe Project untilfinal completion. Ifthe Owner significantly increases or decreases the Owner's budget for rhe Cost ofthe Work, thsOwner shall notiry the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in theProject's scope and quality.
lnit.AIA Documoit g10l - - 2 o i 7. Copydght @ 1974, 1978, 1987, 1997, 2007 and 201 7 by The Americsn lnsttrte of Arch itectB. All rights reseru6d The "Ameicanlnstituie of Architects ' -AlA.' the AIA Logo and 'A A Conlracl Documenls" are reg stered trademarks and may nor be used w lhout permrsslon ThiB documentwasproduced by AIA software at 08:16:31 CT on 0713012021 under Oder No-7746836705 ryhich €xpires on 09/2012021, is not fror esale, is licens€d ror one.tjfire useonly, and may only be used in accoftlenc€ with th€ AIA Cont'acl DocumentsG Tems of SeNice. To report copyng violations, +mail [email protected] t{ote.: (1949788526)
19
$ 4.2.5lfthe services covered by this Agreement have not been completed within Fourteen ( !L) months ofthe dateofthis Agreement, through no fault ofthe Architect, extensio[ ofthe Architeat's services beyond that time shall becompensated as Additional Services.
$ 5.3 The Ownershall identify a representative authorized to acton the Owner's behalf with respect to the Project. TheOwner shall render decisions and approve the Architect's submittals in atimely manner in order to avoid unreasonabledelay in the orderly and sequential progress ofthe Architect's services.
irnitatiens afld utilib' lesatiens fo{ thesiieefthe Prqieet; and a rrritten letal deseriptien efthe site, The sun'eys and legal infermetien shall inel{rdq es
:mproYem€nts and trcj€€+
ffii€rh
S S,S Tho elYn€r shall
ropo"s+nC{pprepriat€-fe€€ da+iefl+
$ 5.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1 .l .
S 5.7 Ifthe Owner identified a Sustainable Objective in Adiale l, the Owner shall fulfill its responsibilities as requiredin AIA Documenl E204riL20l7, Sustainable Projects Exhibit, attached to this Agreement.
$ 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.Upon the Architect's request, the Owner shall fumish copies ofthe scope ofservices in the contracts between theOwner and the Owner's consultants. The Owner shall fumish the services ofconsultants other than those designated as
the responsibility ofthe Architect in this Agreement, or authorize the Architect to fumish them as an AdditionalService, when the Architect requ€sts such services and demonsrates that they are reasonably required by the scope ofthe Project. The Owner shall require that its consultants and contractors maintain insurance, including professionalIiability insuranoe, as appropdate to the services or work provided.
$ 5.9 The Owner shall fumish tesS, inspections and repo s required by law or the Contract Documents, such as
structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
$ 5,10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests.
$ 5.11 The Owner shall provide prompt written notice 10 the Architect ifthe Owner becomes aware of any fault ordefect in the Project, including enors, omissions or inconsistencies in the Architect's Instruments ofService.
$ 5.12 The Owner shall include the Architect in all communications with the Contractor that r€late to or affect theArchitect's services orprofessional responsibilities. The Owner shall promptly notiry the Architect ofthe substance ofany direct communications between thc Owner and the Contractor otherwise relating to the hoject. Communicationsby and with the Architect's consultants shall be through the Architect.
$ 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and
responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. TheOwner shall provide the Architect a copy ofthe executed agreement between the Owner and Contractor, including theGeneral Conditions ofthe Contract for Construation.
$ 5.14 The Owner shall provide the Architect access to the Project site priorto commencement ofthe Work and shallobligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
lnit- AIA Docum€nt Bl01' - 2 o r 7. Copyright O 197,1, 1978, 1987, 1997,2007 a.d 20lTbyTheAmerican lnsttuie ofArchitecb. Allrilrhts r€sorv6d Ihe Amercanln sutute oi Archrlects AiA the A A Logo a nd 'A!A Contract Doc! ments' are reg sle red tradema fts and rnay nol be used wrthoot perm ss on This document wasproduced by AIA softwara at 08r16:3'l CT on 07/30/2021 under Ord€r No.7786836705 which expk€s on 09/20,2021, is not icr resale, is licens€d icr one-time useonly, and may only bB used in accordance with lh6 AIA Contract Documentso Terms of SeNice. To report copyright violations, e-mail copyrigh@eia orglJaer Note.: (1949788526)
20
$ 5.15 Within l5 days after receipt ofa written request from the Architect, the Owner shall fumish the requestedinformation as necessary and relevant for the Architect to eyaluate, give notice of, or enforce lien rights.
ARTICLE 6 COST OF THE WORK
$ 6.1 For purposes ofthis Agreement, the Cost ofthe Work shall be the total cost to the Owner to construct allelements ofthe Project designed or specified by the Architect and shall include contractors' general conditions costs,overhead and profit. The Cost ofthe Work also includes the reasonable value oflabor, materials, and equipment,donated to, or otherwise firmished by, the Owner. The Cost ofthe Work does not include the compensation oftheArchitect; the costs ofthe land, rights-of-way, financing, or contingencies for changes in the Work; or other costs thatare the responsibility ofthe Owner.
$ 6.2 The Owner's budget for the Cost ofthe Work is provided in Initial Information, and shall be adjusted throughoutthe Project as required under Sections 5.2, 6.4 and 6.5. Evaluations ofthe Owner's budget for the Cost ofthe Work,and the preliminary estimate ofthe Cost ofthe Work and updated estimates ofthe Cost ofthe Work, prepared by theArchitect, represert the Architect's judgment as a design professional. It is recognized, howevel that neither theArchitect nor the Owner has control over the cost oflabor, materials, or equipment; the Contractor's methods ofdetermining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannotand does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost ofthe Work, or from any estimate ofthe Cost ofthe Work, or evaluation, prepared or agreed to by the Architect.
$ 6.3 In preparing estimates ofthe Cost of Work, the Architect shall be permitted to include contingencies for design,bidding, and price escalation; to determine what materials, equipment, component systems, and types ofconstructionarc to be included in the Contract Documentsl to recommend reasonable adjustments in the program and scope ofthePrcject; and to include design altemates as may be necessary to adjust the estimated Cost ofthe Work lo meet lheOwner's budget. The Architect's estimate ofthe Cost ofthe Work shall be based on current are4 volume or similarconceptual estimating techniques. Ifthe Owner requires a detailed estimate ofthe Cost ofthe Work, the Architect shallprovide such an estimate, if identified as the Architect's responsibility in Section 4.1.1, as a Supplemental Service.
$ 6.4If, through no fault ofthe Architect, the Procurement Phase has not commenced within 90 days after theArchitect submits the Construction Documents to the Owfler, the Owner's budget for the Cost ofthe Work shall beadjusted to reflect changes in the general level ofprices in the applicable construction market.
$ 6.5 Ifat any time the Architect's estimate ofthe Cost ofthe Work exceeds the Owner's budget for the Cost oftheWork, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality, orbudget for the Cost ofthe Work, and the Owner shall cooperate with the Architect in making such adjustments.
$ 6.6Ifthe Owner's budget for the Cost ofthe Work at the conclusion ofthe Construction Documents Phase Servicesis exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall
.'l give written approval ofan increase in the budget for the Cost ofthe Work;
.2 authorize rebidding or renegotiating ofthe Project within a reasonable time;
.3 terminate in accordance with Section 9.5;
./0 in consultation with the Arahitect, revise the Project program, scope, or quality as required to reducethe Cost ofthe work; or,
.5 implement any other mutually acceptable alternative.
$ 6.7 Ifthe Owner chooses to proceed under Section 6.6.4, the Architect shall modiry the Construction Documents asnecessary to comply with the Ow.er's budget for the Cost ofthe Work at the conclusion ofthe ConstructionDocuments Phase Services, or the budget as adjusted under Section 6.6.1. [fthe Owner requires the Architect tomodify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner'sbudget for the Cost ofthe Work due to market conditions the Architect could not reasonably anticipate, the Ownershall compensate the Architect for the modifications as an Additional Service pursuant to Section I1.3; otherwise theArchitect's services for modi!ing the Construction Documents shall be without additional compensation. ln anyevent, the Architect's modification ofthe Construction Documents shall be the limit ofthe Architect's responsibilityunder this Article 6.
lnit.AIA Documont B10l - - 2 o 1 7 - Copytight @ 1974, 1 978, 19E7, 1997, 2007 and 2017 by Th€ Am6rican lnslituta of Archneds All nghts reserv€d. The "Amen.:nnstiiuleofA.chrtects'AA theAA Logo. and'AA Contraci Oocurnents are reglsrered kedemarksand may notbe used wnhoutpennissbn Thisdoqrmentwas
producad by AIA software at 08:16131 CT on 0713012021 und6r Order No.7746836705 which expires on 09202021, is not tor resale, is lirpns€d for on6.tirr|e useonly. and mey only be used in accordenco with the AtA Conlract Documentsp Terms of SeMce To repori copydght violalions, e-mail copynght@a'a.oqU3er l{ot 3: (1949788526)
21
ARTICLE 7 COPYRIGHTS AND LICENSES
$ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, thetransmitting party is the copyright owner ofsuch information or has permission from the copyright owner to transmitsuch information for its use on the Project.
$ 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners oftheir respectiveInstruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and
other reserved rights, including copyrights. Submission or distribution oflnstruments of Service to meet officialregulatory requirements or for similar purposes in connection with the Project is not to be construed as publication inderogation ofthe reserved rights ofthe Architect and the Archit€ct's consultants.
S 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely andexclusively for purposes ofconstructing, using, maintaining, altering and adding to thc Project, provided that theOwner substantially performs its obligations under this Agreement, including prompt payment ofall sums duepursuant to Articl€ 9 and Article I l. The Architect shall obtain similar nonexclusive licenses ftom the Architect'sconsullants consistent with this Agreement. The license granted under this section permits the Owner to authorize theContractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner's consultants and separate
contmctors, to reproduce applicable portions ofthe Instruments ofService, subjeat to any protocols establishedpuBuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. lftheArchitect rightfully teminates this Agreement for cause as provided in Section 9.4, the license granted in this Secrion7.3 shall terminate.
$ 7.3.1 ln the event the Owner uses the Instruments of Service without retaining the authors of the Instruments ofService, the Owner releases the Architect and Architect's consultant(s) llom all claims and causes ofaction arisingfrom such uses. The Owner, to the extent permitted by law, further agrees to indemni! and hold harmless theArchitect and its consultants from all costs and expenses, including the cost ofdefense, related to claims and causes ofaction asserted by any third person or entity to the extent such costs and exp€nses arise fiom the Owner's use oftheInstruments of Service under this Section 7.3.1 . The terms of this Section 7.3.1 shall not apply if the Owner rightfullyteminates this Agreemeat for cause under section 9.4.
$ 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or impliedunder this Agreement, The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any licensegrant€d herein to another party without lhe prior written agreement ofthe Architect. Any unauthorized us€ oftheInstruments ofservice shall be at the Owner's sole risk and without liability to the Architect and the Architect'sconsultants.
$ 7.5 Except as otherwise stated in Section 7.3, the prcvisions ofthis Article 7 shall survive the termination ofthisAgreement.
ARTICLE 8 CLAITIS At{D DISPUTES
S 8.1 General
$ 8.'1.1 The Owner and Architsct shall commence all claims and causes ofaction against the other and arising out oforrelated to this Agreement, whether in aontract, tort, or otherwise, in accordance with the requirements ofthe bindingdispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case
not more than l0 years after the date of Substantial Completion of the Work. The Owner and Architect waive allclaims and causes ofaction not commenced in accordance with this Section 8.1.1.
$ 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights againsteach other and against the contractors, consultants, agents, and employees ofthe other for damages, except such rightsas they may have to the proceeds ofsuch insurance as set forth in AIA Document A20l-2017, General Conditions ofthe Contract for Construation. The Owner or the Archilect, as appropdate, shall require ofthe contractors, consultants,agents, and employees ofany ofthem, similar waivers in favor ofthe other parties enumerated herein.
$ 8.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question,
arising out ofor relating to this Agr€ement. This mutual waiver is applicable, without Iimitation, to all consequentialdamages due to either party's termination ofthis Agreement, except as specifically provided in Section 9.7.
lniLAlADocumentalol'-20r7.CopynghtO1974,197a,1987, 1997,2007 and 2017 by The Amedxn lnstitute ofArchitacts. All nghts reseNsd. The 'amene.ln sttule of Archnects AA the AIA Logo and AIA Conlract Documents are regrsle.ed trademarks and may nol be used wLthout permissro. Thas documenl was ,,produced by AIA Boftware atOS:16:31 CT on 07130/2021 under Oder No.778683670S which expires on 09/2012021, is notfor resale, is licensed ior one.tme use -_only, and may only be used in accordaflce wilh th€ AIA Conlracl Documentso Terms of Service. To report copyright violations, e.mail [email protected] l{ot$: (1949788526)
$ 82 edlation
! 8.2.'l Any claim, dispute or other mafter in question arising out ofor related to this Agreement shall be subject tomediation as a condition precedent to binding dispute resolution. Ifsuch matler relates to or is the subjecl ofa lienarising out ofthe Architect's services, the Architect may proceed in accordance with applicable law to comply with thelien notice or filing deadlines prior to resolution ofthe matter by mediation or by binding dispute resolution.
$ 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the placewhere the Project is locabd, unless another location is mutually agreed upon. Agreements reached in mediation shallbe enforceable as settlement agreements in any court having jurisdiction thereof.
S 8.2.4 Ifthe parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method ofbindingdispute resolution shall be the following:(Check the oppropriate box.l
I t t ,t*itr"ti"r pr*"*
tX-l Litigation in a court of competent jurisdiction - l-ibertv (lountv- TX
lfthe Owner and Architect do not select a method ofbinding dispute resolution, or do not subsequently agree inwriting lo a binding dispute resolution method other than litigation, the dispute will be resolved in a court ofcompetentjurisdiction.
s-8J4*itratioi
elaimi disput€ €r ether metter in questien arising eut efer related te this Agreement sBhie€t 6er but net reselved by;
i5ion=
but in ns er ent shall it be made after the date when the institutien 6f legal er equitable preeeedings based en the eleimidisput€ or 6thor matt€r in question }\'€uld be berred by the appli6abl€ statute ef limitatiens, Fer statute ef limite+ionspurpesesr reeeipt efa ryritten demand fer arbitratien by the persen or entity adrni+i't€ring th€ arbitratien shall
S 8,3,2 Th6 foregein agre€ments te erb
eeu*+e+in5ju+isCi€rio
ln it.AIA Oocument B10t _ - 2 0 1 7. Copyright @ 1 974, 1978, 1987. 1997, 2007 and 201 7 by The Americ€n lnslitute of ArchilecG. All rights reserued. Ihe AnrencanlnsnuE ol Arch lecls ''AlA theAIALogo and'ALA Co.traci Documenls" are reg slered kademarks and may nor be used w(hout permrssron Thisdoclmentwasprcduced by AIA 3offware at 08:16:31 CT oo 07/3012021 under Order No.7786E36705 which expires on 09/20/2021 , is not ior resale, is licansGd tor one-time useonly, snd may only be used in ac.ordance wilh the AIA Conlracl DocumenE T6ms of SeNice To rcport copynght violatons, e-mail copyrigh@aE org.Uler taote!: (1949788526)
23
$ 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question betweenthem by mediation, which, unless the parties mutually agree otherwise, shall be administered by the AmericanArbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date ofihisAgreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filedwith the person or entity administering the mediation. The request may be made concurrently with the filing ofacomplaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed inadvance ofbinding disput€ resolution proceedings, which shall be stayed pending mediation for a period of60 daysfrom the date of filing, unless stayed for a longer period by agreement ofthe parties or court order. If an arbitrationproceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection ofthe arbitrator(s)and agree upon a schedule for later proceedings.
t-+----4*c*#peei$
*3J4onsoli*lion€+J€@ieni mE'€ens€lidot€aether erbitrati€ itra+i€fl
'nC (3) th€ crbitro
d€s€ribec-in+€-+vri+t€n-€eftsefl*
t-&,&4,Hhe€vrnerelrd ,trehiteet grsnt te en, persen er entity made a parb te afl rbitratien eendueted under this
Architee+rllrder+hir,{greemerr+
ARTICLE 9 TERTIINATION OR SUSPENSION
S 9.1 lfthe Owner fails to mak€ payments to the Architect in accordance with this Agreement, such failure shall beconsidered substantial nonperformance and causc for termination or, at the Architect's option, cause for suspension ofperformance of services under this Agreement- Ifthe Architect elects to suspend services, the Architect shall giveseyen days' writtetr notice to the Owner before suspending services. In the event of a suspension ofservices, theArchitect shall have no liability to the Owner for delay or damage caused the Owner because ofsuch suspension ofservices. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and anyexpenses incuned in the intemrption and resumption ofthe Architect's services. The Architect's fees for theremaining services and the time schedules shall be equitably adjusted.
5 9.2 Ifthe Owner suspends the Project, the Architect shall be compensated for services performed p or to notice ofsuch suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in theinterruption and resumption ofthe Architect's services. The Architect's fees for the remaining services alld lhe timeschedules shall be equitably adjusted.
$ 9.3 lfthe Owner suspends the Project for more than 90 cumulative days for reasons other than the fault oftheArchitect, the Architect may termimte this Agreement by giving not less than seven days' written notice.
S 9.4 Either party may teminate this Agreement upon not less than seven days' written notice should the other partyfail substantially to perform in accordance with the terms ofthis Agreement through no fault ofthe party initiating thetermination.
$ 9.5 The Ovmer may terminate this Agreement upon not less than seven days' written lotice to the Architect for theOwner's convenience arrd without cause.
$ 9.6 lfthe Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminatesthis Agreement pursuant to Section 9,3, the Owner shall compensate the Architect for services performed prior totermination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable tothe Architect's t€rmination of consultant agreements.
HJ#diti€n+o any emeunts p&id ien€,pursuant te Eeetien 9,5; er the
^r€hite€t terminates this
^grc€ment p$rssa{rt te Se€tisr 93r the O}yner shell pay te th€
4,r€h,i1e€t*e{r+l€+ind€€s:($el{erth bele$ llle arned'nl ef atry lerfiinatien et lieerciit{eet or the methed{er deErnitilg atry terrnhatien erlieeriirc*e)
lnit.AIA Document B10l_ - 20 17- Copyright O 1974, 1978, 1987, 1997, 2007 end 2017 by Ih8 American lnslituG of Arcfinecrs. All ri{)hts eseN6d. The Amenca.lnstiuteofArchrtects AIA theAALogo and ALA Contracr Doclments are reg stered rrademarks and ma/ not be used w rhour perm ssion This docirment wegproduc€d by AIA soft rare at 08:15:31 CT on 07/30/2021 under Orcl€r No.7785835705 which expirB on 09120/202'1, is not tor resale. is li:ensed iof one-tme riseonly, and may ont bo used in accodasce with the AIA Contacl Ooc,lmenEo Toms of S6Mca. To .€port copyright violations, e-mail copyngh@3€ orEUa$tloter: (19.t9788526)
24
'il-----r]]effiilrs{ielt-Fe€=
$ 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date ofSubstantial Completion.
$ 9.9 The Owner's righls to use the Architect's Instruments of Service in the event of atermimtion ofthis Agreementare set forth in Article 7 and Section 9.7.
$ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A20l-2017, CeneralConditions ofthe Contract for Construction.
! 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legalreprEsentatives to this Agreement. Neither the Own€r nor the Architect shall assign this Agreement without the writtenconser ofthe other, except that the O$ner may assign this Agreement to a lender providing financing for the Projectifthe lender agrees to assume the Ow[er's rights and obligations under this Agreement, including any payments due tothe fuchitect by Ue Owner prior to rhe assignmenl.
$ 10.4Ifthe Owner requests the Architect to execute certificates, the proposed language of such certificates shall besubmitted to the Architect for reyiew at least l4 days prior to the requested dates ofexecution. Ifthe Owner requeststhe Architect to execute consents reasonably required to facilitate assignment to a Iender, tho Architect shall executeall such consents that are consistent with this Agreemenl, provided the proposed consent is submitted to the Architectfor review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consentsthat would require knowledge, services, or responsibilities beyond the scope ofthis Agreement.
$ 10,6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery,presence, handling, removal or disposal of, or exposure ofpersons to, hazardous materials or toxic substances in anyform at the Project site.
$ 10.7 The Architect shall have the right to include photographic or artistic representations ofthe design ofthe Projectamong the Architect's promotional and professional materials. The Architect shall be given reasonable access to thecompleted Project to make such representations. However, the Architect's materials shall not include the Owner'sconfidential or proprietary information if the Owner has previously advised the Architeot in writing ofthe specificinformation considered by the Ownerto be confidentialor proprietary. The Owner shall provide professional credit forthe Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination ofthis Agreement unless the Owner terminates this Agreement for cause pursuant to Seorion 9.4.
S 10.8 Ifthe Architect or Owner receives information specifically designated as "confidential" or "businessproprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any otherperson except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination ofthis Agreement.
lnit.AIA Document B10l' - 2017. CopyrightO 1974, 1978. 1987, 1997, 2007 and 2017 by The Amoncan tnsl,tute ofArchitecls. All righE res€rved. The 'Anreicanlnsirtute of Arch lecls AA the A lA Logo and 'A A C o ntracl Documenls a re reg stered rradema rks a. d ma y noi be used w thoul permissro. This document wasproduced by AIA software et 08r15:31 CT on 07130/2021 under Or&r No.7786836705 which 6xpircs on 0920/2021, is not for re3al6, is licsnsed for one-time useonly, and may only be used in accordancewith the AIA Conlract DocumentsoTerms ofService. To rsport copydght violations, s-msil copydght@ais org.U3er Noles: (1949788526)
25
ARTICLE I() ]IIISCELLAI{EOUS PROVISIONS
S 10.1 This Agreement shall be govemed by the law ofthe place where the Project is located, excluding thatjurisdiction's choice oflaw rules. Ifthe parties have selected arbitration as the method ofbinding dispute resolution, theFederal Arbitration Act shall govem Section 8.3. in the State ofTexas.
$ 10.5 Nothing contained in this Agreement shall create a contractual relationship with, ora cause ofaction in favorof a third party against eitherthe Owner or Architect.
! 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice tothe other party, when required by law, arbitrator's order, or court order, including a subpoena or other form ofcompulsory legal process issued by a court or govemmental entity, or to the extent such information is reasonablynecessary for the receiving pany to defend itselfin any dispute. The receiving party may also disclose suchinformation to its employees, consultants, or contractors in order to perform services or work solely and exclusivelyfor the Prcject, provided those employees, consultants and contractors are subject to the restrictions on the disclosureand use ofsuch information as set forth in this Section 10.8.
$ 10.9 The invalidity ofany provision ofthe Agreement shall not invalidate the Agreement or its remairingprovisions. If it is detemined that any provision ofthe Agreement violates any law, or is otherwise invalid orunenforceable, then that provision shall be revised to the extent necessary to make that provision legal andenforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effeot lo theparties' intentions and purposes in executing the Agreement.
ARTICLE 11 COiIPENSATION
$ ll.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as
follows:
Stipulated Sum(Insert amounl)
Not Applicable.
Percentage Basis( Ins ert pe rce ntqge v a I ue)
Not Aoolicable-
( ) % ofthe Owne.'s budget for the Cost ofthe Work, as calculated in accordance with Section I L6
1
,2
Other(Describe the method of compensdtion)
Payment forBasic Architectural and Required Additional Services shall be a fixed fee in the amount of$46.800.00 tobe invoiced monthly based on the percentase ofwqrk completed.
Basic Services to be Provided - Fee Breakdown Includi e Aoproved Additional Services / Reier to Article I 1.2
3
Fee Breakdown:Basic Architectural Desisn Servi ces $20.200.00structural F.npineerins s 3.600.00MEP Eneineerins $ 5.800.00Civil Enoineerins $ 9.200.00s s 3.800.00Geotech Repon s 4.200.00
TOTAL FEE BASIC SERVI S $46.800.00
Cost Limitation is revisedor construction man ,s
Over 5%
m
in Basic Services FeeAdiust by Orisinal Fee %
Proiect Sched ule:
lnit.AIA Document Bl 01' - 2 o 1 7. Copynght @ I 974, 1978, 1987, 1997, 2007 and 2017 by The American lnstitute of Archi!6cts. All rights reserued. T he Amer canln strtute of Arch tects AA lheAlALogo and'A AContrad Oocu.nents are regrstered lradema.ks and may not be used wrthoul permission Thasdocumentwasproduced by AIA software at 08:16:31 CT on 07/30/2021 under Order No.7786836705 which expjres on 09/20/2021 , js not for resale. is licensed for on€-time useonly, and may only ba usod in accordance with the AIA Conlracl DocumenFo Terms ofSeNjce. To rcport copyright violations, [email protected]]{ote3: (1949788526)
intemolation of the fol lorving schedule:
We anticipate the followinB time periods for the project phases starting with the "Notice to Proceed" from the Owner.
Schematic Desim 6 weeks507o Review1007o Review
Construction Documents l0 weeks50% Review957o Review100% Final Documens
Total Desiqn Phase 20 $eeks
Biddinq Phase 4-8 weeks
Buildins (lonstruction Phase 6-9 months
$ I1.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Suslainability Servicesrequired pursuant to Section 4.1.3, the Owner shall conrpensate the Architect as follows:(lnsert amount ol or basisfor, compensation. UnecessLt^'. list specific senices b x,hich parlicular melhodr ofcompenselion appl),.)
Not Applicable.
S 11.3 For Additional Services that may arise during the course ofthe Projecl, including those under Section .1.2. theOwner shall compensate the Architect as follows:(Inserl amount oI, ot basisfor, compensation.)
Additional Services will be neeotiated in lumo sum asreement.
$ l1.tl Compensation for Supplemental and Additional Services of the Architect's consultants when not included inSection I I .2 or I 1.3, shall be the amount invoiced to the Archite ct plus Zgqpercent ( po), or as follows:(lnsert amount of, or busisfor compuling, Architecl s c'onsultants compensation/or Supplemental or AdditionalSeryices.)
I Not Aoolicable.
$ l'1.5 When compensation forBasic Services and Additional Services is based on a stipulated sum ora percentagebasis, the proportion ofcompensation for each phase ofservices shall be as follows:
Schematic Design PhaseD€sign€€+ebpn€n++hsseConstruction DocumentsPhaseProcurement LB&kli4&PhaseConstruction Phase
$r4.040.00
$18.720.00
s 2.340.00$l1.700.00
percent (
p€f€ffi(percent (
percent (
percent (
30
40
525
%)94)o/o\
%)%)
TotalBosieCompensation en€{rrrrd+e4$16J00:00 percenr( 100 o/o)
$ 11.6 When compensation identified in Section I l. I is on a percentage basis, progress payments for each phase ofBasic Services shall be calculated by multiplying the percentages identified in this Anicle by the Owner's most recentbudget for the Cost ofthe Work. Compensation paid in previous progress payments shall not be adjusted based onsubsequent updates to the Owner's budget for the Cost ofthe Work.
AIA Oocument B10l- - 20 17. Copydght @ 1974, 1976, 1967, 1997. 2OO7 and 2017 by The Ame*xn ln3t tuta ol turhircct3 Att righE r.36rvsd rhe _Amer cannstrtute ol Arch tecls AIA theAlALogo and alA Co.tract Ooclmenls are reg srered trademarks and may.ot be lsed withour permrssron Thi6documentwes ,,
prcduced by AIA 3oftware at 06116131 CT on OTBO/2021 underOrdcrNo.77866367o5whichexpirBonO9/2ol2o21,isnotfrorresate,bticom€diorone-tm€us6..only, and may only be used in accordenc€ with th. AIA Contracl Documsnt36 Tems ot S6Mc€. To report copyright violetions, e-mait [email protected]!.lJ..r r{o!r.: lrs4gzeasze)
lnit.
Citv Review 4 weeks
$ 11.6.1 When compensation is on a percentage basis and any portions ofthe Project are deleted or otherwise notconstructed, compensation for those portions ofthe Project shall be payable to the extent services are performed onthose portions. The Architect shall be entitled to compensation in accordance with this Agreement for all servicespedormed whether or not the Construction Phass is commenced.
$ 11.7 The hourly billing rates for services ofthe Architect and the Architect's consultants are set forth below. Therates shall be adjusted in accordance with the Architect's and Architect's consultanls' normal review practices.(fapplicable, qttqch an exhibit of hourly billing rates or insert them below.)
or Category
S 11.8 Compemation for ReimbuBable Expenses
$ 11.8.1 Reimbunable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services
and include expenses incuned by the Architect and the Architect's consultants directly related to the Project, as
follows:
a3Mi,3 Permitting and other fees required by authorities havingjurisdiction over the Project;
;@.7 Renderings, physical models, mock-ups, professional photography, and presentation materials
requested by the Owner or required for the Project;
fO-Site+geeexpenseqi€+.ss
@@
$ 11.8.2 For Reimbursable Expenses the compensation shall be lhe expenses incured by tho Architect and the
Archilect's consultants plus Z@_percent ( [%) of the expenses incurred.
$ 'l1.9 Architect's lnsurance. Ifthe types and limits ofcoverage required in Section 2.5 are in addition to th€ types and
limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the
Architect for the additional coverages as sel forth below:qnsert lhe addilional coverages the Architecl is required to obtain in order lo salisfy the requilerhents sel forth inSection 2.5, andfor which the Owner shall reimbulse the Architect.)
Not AD licablc
S 11.10 Payments to the Architect
S 11.10.1 lnitial Payments
lnit.AIA Document Bl01' - 20 17. Copyright O 1974, 1978, 1987, '1997, 2OO7 and 2017 by The Amedcan lnstjtuE of Archnects. All righb r€serued. The Amer can
produced byAIABoftwareat08r15131CTon 07130/2021 under Oder No.7786836705 which expiros on 09/202021, is not for resale, B Uceosed for one_time use --only, and may only be used in accordence wilh the AIA Confact Documenkolerms of Selvic€. To roport copyrighl violations, e-mail [email protected] t{ot s: (1949788526)
Rate ($0.00)
$240.00 per hour$185.00 oer hour$170.00 per hour$150.00 per hourS125.00 per hour$105.00 per hour$ 85.00 per hour$ 70.00 per hour
S 11.'10.1.1 An initial payment of ($JZelqlgQlshall be made upon execution ofthis Agreement and isthe minimumpayment under this Agreement. lt shall be credited to the Owner's account in the final invoice.
ing
^uth€riB'and ne€€ss i
S 11.10.2 Progress Payments
$ 11.10,2.1 Untess otherwise agreed, payments for services shall be made monthly in proportion to servicesperformed. Payments are due and payable upon presentalion of the Architect's invoice. Amounts unpaid |Jlhi1[(l!!days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rateprevailing from time to time at the principal place ofbusiness ofthe Architect.(Insert rak o/monthb) or annual interest agreed upon.)
-The lower of5% per annum or the maximum rate allowed under Chapter 2251, Texas Govemment Code
$ 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty orliquidated damages on the Architect, orto offset sums requested by or paid to contractors for the cost ofchanges in theWork, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.
$ 11.10.2.3 Records ofReimbursable Expenses, expenses pertaining to Supplemental and Additional Services, andservices performed on the basis ofhourly rates shall be available to the Owner at mutually convenient times.
ARTICLE 12 SPECIAL TERTIIS AND CONDITIONS
Special terms and conditions that modify this Agreem€nt are as follows:(nclude other terms and conditions qpplicqble to this Agreement.)
Anv element ofthis Agreement later held to violate a law or reeulation shall be deemed void. and all remainingprovisions shall continue in force. However. the Owner and the Architect will. in good faith^ attempt to replalgjq
ble with one that is valid and en rceab whiexoressing the intent ofthe orieinal provision.
The Texas Board ofArchitectuml Examiners has iurisdicti on over complaints resardinq the professional Dractices ofDersons registered as architects in Texas:
Texas Board ofArchitectural Examiners (TBAE)P.O. Box 12337Austin. Texas 7871I512.305.9000
ARTICLE .I3 SCOPE OF THE AGREEMENT
$ 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Arahitect andsupersedes all prior negotiations, reptesentations or agreements, either written or oral. This Agreement may beamended only by written instrument signed by both the Ouner and Architect.
$ 13.2 This Agreement is comprised of the following documents identified below:.1 AIA Document Bl0lrM 2017, Standard Form Agreement Between Owner and Architect
indicated below:(lnserl the dqte ofthe E203-2013 incorpordted into this agreement.)
Not A licable.
lnit.
I
AIA Oocument 8101' - 2 o 1 7. Copyright @ 1 974 , 197A, 19A7 , 1997 , 2007 and 201 7 by The Americafl lnslitute of Architects. All rig hts reserved. The Am er can
produced by AIA sottware at08:16:31 CT on 07/30/202'l underOrder No.7786836705 which expires on 09,201202'1, is nolfor resale, is licensed for one-tme use --only, and may only be used in Eccordance wilh lhe AIA Conkact Documents@ Terms of Service. To report copydght violations, e-msil copyright@aia orgUser l{ot8: (1949788526)
Exhibits:(Check the appropriate boxfor any exhibix incorporqted into this Agreeuent.)
I I AIA Document E204rL2017, Sustainable Projects Exhibit, dated as indicated below;(lnsert the date of the E201-2017 incorporqled into this agreement.)
Not Applicable.
Exhibits incorporated into this Agreement:incorpolated into this Agreement, including any exhibitsexhibits in Section 1.1.2.)
if any, forming part of the Agreement.)
th€ day and year first written above.
ARCHIIECT (Signature)
Rav W. Hollidav. AIA. PrincipalBrown Reynolds Watford Architects. Inc.(Printed name, title, qnd license number, ifrequired)
Al,ADocument8101-,2017.Copyright@1974, 1976, 1987,1997,2007and 2017 by The Amedcan lnstituE ofArchitects. Allrights rese.ved. The Ar.ercanlnstilute oi Arch itects AIA ' the A lA Logo. and AIA Contract Oocuments are registered lradema.ks a nd may not be used w lholr perrn ss on This document was r^produced by AIA sottware at o8r 16:31 Ci on 07130/2021 under Order No.778683t705 which expires on o9/2bl2021, is not for resale, is licensed for one-he use ruonly, and may only be used in accordance with lhe AIA Contract DocumenlsoTerms of Service To repot copyright violations, e-mail [email protected]: (19497EE526)
lnit.
I
Not Applilablq
Not Appllq4b!q
OWNER (Signature)
Bobby Penninsto11
(Printed name and title)
of D ocu me nt s Authenti cityD401 * - zoos
certit, to the best ofmy knowledge, information and belief, that I created the attached final documentwith this certification at 08: 16:31 CT on 07130/2021under Order No. 7786836705 from AIA Contract
software in preparing the attached final document I made no changes to the original texl ofAIAqStandard Form ofAgresment Between Owner and Architect, as published by the AIA in its
shown in the attached final document by underscoring added text and striking over
1
AIA Document D401. - 2 oo 3. Copyright O 1992 and 2003 by The American lnstitute of Archilects. Ail rights reserved. The 'Amerlca n lnslllule ol Arch itects.''AlA. theAIALogo.and AIA Contract Doc!ments'are regrslered trademarks and may not be used wthout permrsson This documentwas produced byAIAsoftware at 08:16131 CT on07l3Ol2O21 undet O'det No.7786836705 whici expires on 09/20/202'1, iB not for €sale, is licensed for one-time use only, and may onlybe us€d in accordance with the AIA Contract Documents' Terms of Servic€. To report copyright violations, e.mail [email protected]. Note6: (1949788526)
(Signed)
Ortle)
(Dated)
@ITY OFLEYELAND
Council Memorandum
To: Mayor and Council
From: City Manager, Bobby Pennington
Gc: City Secretary
Agenda ltem: Consideration and possible action on ordinance amending Chapter 54-121 of theCode of Ordinances, re-adopting the lnternational Fire Code 2015 Edition
Agenda Dates: August 10, 2021
Originating Department: Administration Department
Background lnformation: Olson & Olson asked that we fix one of the ordinances that waspassed in 2015 as it affects the Earth Energy project. Two ordinances were passed Ord 1085 &1086 back in 2015. Ordinance 1086 negated the fire code 2015 edition in Ordrnance 1085 sothis ordinance will reestablish the fire code edition.
Discussion and Action: The fire chief has been using this fire code since this time so this isjust a formality to be passed,
Recommendation : Approve ordinance
Attachment(s) List: Ordinance
Final Disposition:
FItem No. J
ORDINANCE NO,
AN ORDINANCE OF THE CITY OF CLEVELAND, TEXAS AMENDING CHAPTER 54 OF
THE CODE OF ORDINANCES; ADOPTING THE INTERNATIONAL FIRE CODE, 201sEDITION; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY AS PROVIDED BY
SECTION 1-10 OF THE CODE OF ORDINANCES AND REPEALING ALL OTHER
ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TEXAS:
Section 1. Section 54-121 of the Code of Ordinances of the City of Cleveland, Texas is
amended to provide as follows:
"Sec. 54-121. Code Adopted.
There is hereby adopted for the city for the purpose of providing regulations consistentwith nationally recognized practices for the reasonable protection of life and propertyfrom the hazards of fire and explosion due to the storage, use or handling of hazardousmaterials, substances and devices, and to minimize hazards to life and property due tofire and panic, there is hereby adopted that certain document, a copy of which is on filein the office of the city secretary, known as the lnternational Fire Code, 2015 edition,published by the lnternational Code Council, lnc., and appendices B, C, D, E and F thereto,and such code is hereby made a part of this arttcle to the same extent as if set out atlength in this section, except as is specifically amended in this article."
Section 2. ln the event any section, paragraph, subdivision, clause, phrase, provision,
sentence, or part of this Ordinance or the application of the same to any person or
circumstance shall for any reason be adjudged invalid or held unconstitutiona I by a court
of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a
whole or any part or provision hereof other than the part declared to be invalid or
unconstitutiona l; and the City Council of the City of Cleveland, Texas declares that it would have
passed each and every part of the same notwithstanding the omission of any such part thus
declared to be invalid or unconstitutional, or whether there be one or more parts.
1
Section 3. All other ordinances or parts of ordinances in conflict or inconsistent herewith
are, to the extent of such conflict or inconsistency, hereby repealed.
Section 4. Any person who shall violate any provision of the Ordinance shall be deemed guilty of
a misdemeanor and, upon conviction, shall be punished as provided by Section 1-10 of this code.
PASSED, APPROVED AND ADOPTED this day of 202L.
Richard Boyett, Mayor
ATTEST:
Angela 5mith, TRMC, City Secretary
2
@ITY OFTEYELAND
Council Memorandum
Item No. bTo: Mayor and Council
Via: City Manager Pennington
Cc: City Secretary
Agenda ltem: Consideration and possible action on agreement for general civilengineering consulting services with Brooks & Sparks lnc. - Project No. 258-0003 andauthorize City Manager to sign agreement
Agenda Date: August 10,2021
Originating Department: City Manager
Background lnformation: Previously we had HR Green handle our general consultingneeds under a Professional Service Agreement that agreement expires at the end ofJuly. An amendment to extend the contract for HR Green from August to Decemberwas pulled from the July city council meeting.
Discussion & Conclusion: Brooks & Sparks is also handling the rehab of the elevatedwater tanks. His company can provide general civil engineering needs under theprofessional services exemption. From his agreement: scope of work is to assist theCity in planning, advising, reviewing development plans, plat, and preparing costestimates for various current and future projects.
There are already two projects for his firm to work on 1) Cleveland ISD baseball andsoftball field project and 2) Drainage study request for driveway off US 59S. CityAttorney Olson has already reviewed the agreement and has now issues with it.
Financial: Paid at hourly rate as listed on form
Recommendation : Approval
Attachment(s) List:
Final Disposition:
ll Bnoorcs a Setars, lttc.II CoNs uLrtNa EN6 t N EER| NG
July 23,2021
Mr. Bobby Pennington - City ManagerCity of Cleveland, Texas907 E. Houston StreetCleveland, Texas 77327
Re: Proposal for Engineering Services - General Civil Engineering Servicesfor the City ofcleveland, Texas - Project No. 258-0003
Dear Mr.Pennington:
Thank you for the opportunity to present this proposal to provide General Civil EngineeringServices for the City of Cleveland, Texas. Below is a description of the services to beprovided and the limitations to this agreement.
Scooe of ServicesThese services are intended to assist the City in planning, advising, reviewing developmentplans, plats, and preparing cost estimates for various current and future projects.
Brooks & Sparks, Inc., will attend meetings between the City and developers and citizens atthe City's request. Brooks & Sparks, Inc. will perform other engineering tasks in which, inthe City's view would be ofbenefit to the City and citizens of Cleveland, Texas.
LimitationsThe above Scope of Services does not include complex engineering design projects or multi-disciplined projects which can be performed under a separate contract. Also the above ScopeofServices does not include State or Federal permit applications, amendments or renewals.
Should you be in agreement with the above scope ofservices, please execute the attachedagrcement and retum one copy to us for our files. We appreciate the opportunity to presentthis proposal and assist the City ofCleveland.
Ifyou should have any questions or require additional information, please call.
Sincerely,'/r t d-4Frank E. Brooks, P.EPrincipal
FEB/feb
2/O2O PARK Row DR. . KAry fEXAs 774492A l-574-9595 . FAX. 2A / -57A-9686
REGtsrRAr/oN No. F-88O
I
AGREEMENT FOR CONSUTTING SERVICES
This Agreement is made effective this _ day of ,2021, by and between Brooks & Sparks,lnc. (hereinafter called the "Consultant"), and the City of Cleveland, Texas (hereinafter called the "CIient")
General Civil Engineering Services for the City of Cleveland, Texasln Accordance with the Proposal Letter Dated July 23, 2021
(Herelnafter called the "Project").
Therefore, the Client and Consultant agree as follows
After execution copy of this Agreement, the Consultant will provide the Client with services as defined in thisagreement and proceed with the work as expeditiously as practical, inform the Client of any schedule changes andprovide the Client with copies ofthe final product.
The Client will place at the Consultant's disposal all available information pertinent to the Project includingprevious drawings, reports and any other relative data and will arrange for and provide access to the Consultant,without liability of any nature to the Consultant except for Consultant's own negligence.
Payments for services of the Consultant will be based on an hourly rate in accordance with the attached Exhibit A,
Hourly Rate Schedule. lnvoices will be submitted monthly. Payments for services provided and reimbursableexpenses shall be made by the Client within thirty {30) days after receipt of Consultant's invoice. Reimbursableexpenses shall mean the Consultant's cost of reproduction of reports, drawings and similar Project related items.
Consultant will maintain insurance to protect both Consultant and the Client from claims under Workmen'sCompensation, negligent asts of Consultant's employees, and claims due to errors, omissions or negligence in theperformance of professional services for the Project.
Termination of this Agreement prior to completion must be made in writing and may be made by either party. lfthis agreement is terminated by the Client, the Consultant will be paid for services performed to the date oftermination. lf this agreement !s terminated by the Consultant, the Consultant will be paid for services performedon the completed ponions ofthe project which are usable to the Client.
This Agreement contains the entire agreement of the parties and there are no other promises or conditions in anyother agreement whether oral or written. This Agreement may be modified or amended if the amendment is madein writing and is executed by both parties. This Agreement shall be governed by the laws of the State ofTexas.
CLIENT:City of Cleveland, Texas
CONSULTANT:Brooks & sparks, lnc.
?-lt z-n 7-zt-zrName Date Frank E. Brooks, P.E
PrincipalDate
REG/5TRA1oN No, F-88O
Bnooxs aSezRKs, /Nc.
The Client has requested services of the Consultant in relation to:
aa BRooKs aSeaaxs, /NC.lr CoP s u.ttNc CNG taE. ^t@
EXHIBIT A
HOURLY RATE SCHEDULE
lanuary 1 ,2021
CLASSIFICATION
Principal
Associate Principal
Sr. Associate
Sr. Project Manager
Project Menager
Associate
Design Engineer
Assistant Project Manager/Sr. Project Coordinator
Project Coordinator
Engineering Techniciar/Construction Inspector
CADD Technician
Clerical
HOURLY RATE
s 195.00
$175.00
$r4s.00
$165.00
$145.00
$135.00
$125.00
$110.00
$ 9s.00
$ 90.00
$ 80.00
$ 55.00
REG/S rRArloN No. F-AgO
@ITY OFLEYELAND
Item No.
Agenda ltem: Consideration and possible action calling for a joint public hearing with the CityCouncil and Zoning Commission for August 31, 2021 (or otheruise noted date) on a proposal toamend the City's Comprehensive Zoning Ordinance and Map for proposed zone changerequest from Public to Mixed Use (or otherwise noted)
Agenda Dates: August 10, 2021
Originating Department: Administration Department
Background lnformation: ln the course of reviewing a citizen's request to build a home, it wasdiscovered that the area he wants to build is zoned Public which prohibits the city from allowingnew homes in that area. This joint public hearing will be to amend the zone from Public to azone that is more appropriate for the area. The prior joint hearing was cancelled due to lack ofquorum by the zoning commission.
Discussion and Action: The item tonight is just to approve the ordinance calling andpublishing of a notice to hold a joint public hearing at previously scheduled budget workshopdate City Council meeting, Aug 31, 2021. fhd public hearing will cover the required city counciland zoning commission public hearing on this topic and action can be taken at that meeting.The only action required tonight is to approve the ordinance to call the public hearing.Publication of the notice is required to be placed in the newspaper 15 days prior to the hearingdate.
Attachment(s) List: Ordinance
Final Disposition:
Council Memorandum
,7To: Mayor and Council
From: City Manager, Bobby Pennington
Cc: City Secretary
Recommendation: Approve ordinance calling a joint public hearing for Aug 31 , 2021
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CLEVELANO, TEXAS CALLING FOR A JOINT
PUBLIC HEARING WITH THE CITY COUNCIL AND THE ZONING COMMISSION ON A
PROPOSAL TO AMEND THE CITY'S COMPREHENSIVE ZONING ORDINANCE AND
MAP.
WHEREAS, it has been proposed to make amendments to the city's comprehensive zoning
ordinance and mapl
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND,
TEXAS:
Section '1. That the City Council and the Zoning Commission of the City of Cleveland will
conduct a joint public hearing on proposed amendment to the City's Comprehensive Zoning Ordinance
and Map on Aug 31, 2021 at 6:00 p.m. in the City Council Chambers at City Hall, 907 East Houston,
Cleveland, lexas 77327 .
Section 2. That the City Secretary is hereby directed to provide notice of the joint public
hearing by publishing notice of the time and place of the joint public hearing in the official newspaper of
the City, or a newspaper of general circulation in the City as well as posting the notice on the City's
website, before the 15th day before the date of the joint public hearing. The City Secretary is also directed
to provide written notice of the joint public hearing to each school district in which property is located that
is subject to a proposed change in zoning classification affecting residential or multifamily zoning. Notice
toaschool districtshall be provided by regular United States mail. ln accordance with Section 21 1 .007(d)
of the Texas Local Government Code, the notice prescribed by this Ordinance was approved by a two-
thirds vote of the City Council.
PASSED, APPROVED, AND ADOPTED this 1Oth day of August 2021
ATTEST:
Angela Smith, TRMC, City Secretary
Richard Boyett, Mayor
@ITY OFLEYELAND
Council [Vlemorandum
Item No.
To: Mayor and Council
Via: City Manager
Cc: City Secretary
Agenda ltem: Capital Projects Update
Agenda Date: August 10,2021
Originating Department: City Manager
Background lnformation: Council had requested an update on the capitalimprovement projects. Staff has been working on compiling an update and will bepresenting that to council at the Tuesday meeting.
g
@TTY OFLEVELAND
Council [Vlemorandum
Item No.
To: Mayor and Council
Via City Manager, Bobby Penningtonlnterim Finance Director, Leslie Herrera
Cc: City Secretary
Agenda ltem: Fiscal Year 2022 Budget Workshop #1
Agenda Dates: Augusl 10,2021
Originating Department: Administration Department
Background lnformation: The City is scheduled to adopt lhe 2022 fiscal year budget bySeptember 14, 2021, pursuant to State law and prior to beginning the fiscal year on October 1 ,
2021. The budget must contain a complete financial statement of the City and City must hold apublic hearing on the budget and follow truth-rn{axation requirements. The budget processbegins by reviewing the proposed annual budget for fiscal year 2021-2022 through a series ofbudget workshops. Tonight is the first workshop which provides opportunity for initialpresentation and questions for staff to follow-up.
Financial: The budget serves as the financial plan (revenues and expenditures) and providesfor the annual program of services for the City in fiscal year 2022.
Discussion & Conclusion: The General Fund total expenditures of $8,760,981 a $1,134,226decrease from the 2021 projected. Non-operating expenditures total $0; the proposed budget isbalance with $3,078,843 in excess cash over the reserve requlrement. Any use of reserves aspart of the final adopted should consider all risks associated with anticipating a strong fiscal year2022 oullook.
The Debt Service lt is proposed to maintain a balanced or positive reserve budget for fiscalyears ending through at least 2026 with some additional debt capacity.
Water & Sewer expenses are $3,497,533, with operational expenses al $2,654,472. Availablecash ending balance at 913012022 expected to be greater than $2.2 million with cash reserves at$1,342,330 above policy requirement. , the fund would allow for >$250,000 in new or expandedprograms for future budget years (FY23-26).
The Hotel/Motel Occupancy Tax fund supports personnel cost, professional services and annualadvertising. The proposed includes recurring supplemental totaling to support merit increaseand salary adjustments. Non-recurring expenditures include for additional advertising and
capital programs. This budget includes a total of $34,160 in supplemental items with a balancebudget.
The proposed budget includes the following highlights:o Cost of living increase for all employees including salary adjustments on selected
positions that are below organization comparables.. lmprovements for the Police Department include additional funding for evidence room,
electronic ticket writing system, an additional patrol officer position, corporal officerposition and (2) police SUV vehicle replacements.
. Public Works includes additional funding for street resurfacing.
. Water/Sewer includes additional cost on both existing elevated storage tanks, metersreplacements, mini excavator, replacement of a dump truck, replacement of light dutypickup trucks and $122,219 on system replacements.
. Funding supplement for completion of Stancil pavilion project.
The City's budget also includes many other funds and the budget can be found in its entirety asfiled with the City Secretary's office.
Recommendation: Review and discuss the proposed budget for fiscal year 2021-2022. This isthe first budget workshop for FY 2021-2022.
Attachment(s) List: Proposed FY 2021-22 Budget
Final Disposition:
@TTY OFLEYELAND
Council [\Iemorandum
Item No. loTo: Mayor and Council
Via: City Manager, Bobby Penningtonlnterim Finance Director, Leslie Herrera
Cc: City Secretary
Agenda ltem: Designated Officer or Employee Must Submit the No-New-Revenue and Voter-Approved Tax Rates to the City Council.
Agenda Dates: August 10,2021
Originating Department: Finance Department
Background lnformation: The budget development process for 2021-22 requires thedesignated officer or employee to submit the "No-New-Revenue" and "Voter-Approved" TaxRates to the City Council. This Truth-in-Taxation calculation is performed and verified by theLiberty County Tax Office who is the City's designated Tax Assessor/Collector. We haverequested this information and will provide at the scheduled meeting.
Discussion & Conclusion: Staff does not anticipate an increase in the tax rate; however,additional value and new construction value will provide more revenue. Staff will evaluate theoptions for actually lowering the tax rate.
Financial: Annual Tax Rate Calculation
Recommendation: Receive the No-New-Revenue and Voter-Approved Tax Rates
Attachment(s) List: Staff is scheduled to submit calculations at the Council Workshop.
@Council [/emorandum
Item No. llTo: Mayor and Council
Via: City Manager
Cc: City Secretary
Agenda ltem: Consider calling for Public Hearing on Proposed Budget for FY21-22for September 14,2021 at 6:00 pm and publish notice as required by law
Agenda Date: August 10,2021
Originating Department: Finance
Background lnformation: Pursuant to truth-intaxation laws, taxing units must hold
one public hearing on the proposed budget, this date has already been approved bycouncil on the adopted budget calendar, but council is also required to approve the item
separately.
Discussion & Conclusion: This meeting notice will be published in the newspaper notearlier than the 30th day before the hearing. This item is to formally approve the date ofthe public hearing for the proposed budget. lt is scheduled for September 14th at 6:00pm
Financial: Cost of newspaper publication
Recommendation : Approval
Attachment(s) List: N/A
ITY OFLEVELAND
@ITY OFLEYELAND
Council Memorandum
Item No, /1To: Mayor and Council
Via City Manager
City SecretaryCc
Agenda ltem: Consider calling for Public Hearing on Proposed Tax Rate for FY21-22 for September 14,2021 at 6:00 pm and publish notice as required by law
Agenda Date: August 10,2021
Originating Department: Finance
Discussion & Conclusion: The public hearing may not be held before the fifth dayafter the date the notice of the public hearing is given). The notice may be delivered bymail to each property owner, or may be published in a newspaper. TEX. TAX CODE S26.06(c). lf the notice is published in the newspaper, the city must also post the noticeprominently on the home page of the city's website from the date the notice is firstpublished until the public hearing is concluded. ld. The notice must be in the formprescribed by Tax Code Section 26.06 or 26.061, and must include the table describedin Tax Code Section 26.062.
This item ls to formally approve the date of the public hearing for the proposed tax rateIt is scheduled for September 14th at 6:00 pm.
Financial: Cost of newspaper publication
Recommendation: Approval
Attachment(s) List: N/A
Background lnformation: Pursuant to truth-intaxation laws, taxing units must holdone public hearing on the proposed tax rate, this date has already been approved bycouncil on the adopted budget calendar, but council is also required to approve the itemseparately. This meeting must occur prior to the proposed budget hearing.