HomeMy WebLinkAbout2022.10.11_Worksession AgendaThis meeting is a work session for Council/Trustee discussion only.
There is no opportunity for public comments at work session.
PUBLIC NOTICE OF THE JOINT MEETING OF THE RECEIVED
OWASSO CITY COUNCIL OCT 01 2022
OWASSO PUBLIC WORKS AUTHORITY (OPWA)
OWASSO PUBLIC GOLF AUTHORITY (OPGA) City Clerk's Office
Council Chambers Old Central Building 109 North Birch, Owasso, OK
Tuesday, October 11, 2022 - 6:00 PM
AGENDA
1. Call to Order - Mayor /Chair Kelly Lewis
2. Presentation and discussion relating to the Economic Development Strategic Plan (EDSP)
Annual Report
Chelsea Levo Feary, President and CEO, Owasso Chamber of Commerce
3. Discussion relating to the City Manager's evaluation process
Mayor Lewis
4. Discussion relating to proposed FY 2021 -2022 Carryover Funds - General Fund and OPWA Fund
Carly Novozinsky
5. Discussion relating to Community Development items
Alexa Beemer /Karl Fritschen
A. Request for annexation (OA 22 -02) and rezoning (OZ 22 -08) of approximately 4.99
acres located at 12924 East 76th Street North from Agriculture (AG) to Residential Multi -
Family (RM)
B. Request for a ten -foot utility easement closure - Graceland Acres, located at the
northeast corner of East 76th Street North and North 129th East Avenue
C. Request for final plat - 5th Avenue Business Park, approximately 10.48 acres located at
the southwest corner of the intersection of East 5th Avenue and North Owasso
Expressway
6. Discussion relating to the architectural and engineering design of the new Public Works and
Vehicle Maintenance Facilities
Rogers Stevens
7. Discussion relating to City /Authority Manager items
Warren Lehr
A. 2023 City Council Election for Ward 3 and Ward 4
B. Monthly sales tax report and revenue outlook
C. City Manager report
8. City Councilor /Trustee comments and inquiries
9. Adjournment
Notice of Public Meeting filed in the office of the City Clerk on Friday, December 10, 2021, and
the Agenda posted at City Hall, 200 South Main Street, at 12:00 pm on Friday, October 7, 2022.
The City of Owasso encourages citizen participation. To request aniccommodation due to a disability, contact the City
Clerk at least 48 hours prior to the scheduled meeting by phone 918 - 376 -1502 or by email to istevens@cftyofowasso.com
TO: The Honorable Mayor and City Council
FROM: Carly Novozinsky, Assistant Finance Director
SUBJECT: Supplemental Appropriation - Carryover Budgets
DATE: October 7, 2022
BACKGROUND:
Every year, at the June 30" fiscal year end, there are unspent budgets. While appropriations were
included in the FY 2022 Budget, the actual expenditure for all or part of open items will occur
during FY 2023.
Because the FY 2023 Budget was prepared prior to year -end, and before it was known whether
funds would be expended or not, the fund balances used to develop the budget were projected
as though all non -salary budgets would be expended by year -end. Therefore, approval of
carryover non -salary budgets does not reduce the estimated June 30, 2022, fund balances.
In order to keep from having purchase orders open for multiple years, past practice of the City is
to close prior year purchase orders at the end of September and re- appropriate the funds in the
subsequent year, along with authorizing the City to re -issue the purchase orders in the new fiscal
year. Since Generally Accepted Accounting Principles (GAAP) do not recognize encumbrances,
closing out old encumbrances where goods and services have not been received will enable
budgetary financial statements to more closely align with audited GAAP statements.
PROPOSED CARRYOVER:
An item has been included on the October 11, 2022, Worksession agenda for additional discussion.
Staff anticipates a request for consideration and action relating to the carryover on the October
18, 2022, City Council agenda.
FY 2023
Requested
Fund
Expenditure
Expenditure
Revised FY 2023
Budget
Carryover
Expenditure
Revenue
Budget
Carryover
General Fund
63,501,405.00
$ 2,352,218.76
65,853,623.76
$ 83,282.70
Half -Penny Sales Tax
Fire
8,170,832.00
57,318.00
8,228,150.00
Half -Penny Sales Tax
Police
10,226,238,00
374,910.96
10,601,148.96
Half -Penny Sales Tax
Streets
3,492,329.00
1,177,461.38
4,669,790.38
Ambulance Service
1,933,993.00
180,087.00
2,114,080.00
E -911
1,625,580.00
77,262.00
1,702,842.00
Emeraencv Siren
1,010,000.00
10,000.00
1,020,000.00
Hotel Tax
316,528.00
1,899.00
318,427.00
Stormwater
Management
1,858,564.00
2,190,188.00
4,048,752.00
City Garage
769,942.00
15,557.00
785,499.00
An item has been included on the October 11, 2022, Worksession agenda for additional discussion.
Staff anticipates a request for consideration and action relating to the carryover on the October
18, 2022, City Council agenda.
TO: The Honorable Chair and Trustees
Owasso Public Works Authority (OPWA)
FROM: Carly Novozinsky, Assistant Finance Director
SUBJECT: Supplemental Appropriation - Carryover Budgets
DATE: October 7, 2022
BACKGROUND:
Every year, at the June 301" fiscal year end, there are unspent budgets. While appropriations were
included in the FY 2022 Budget, the actual expenditure for all or part of open items will occur
during FY 2023.
Because the FY 2023 Budget was prepared prior to year -end, and before it was known whether
funds would be expended or not, the fund balances used to develop the budget were projected
as though all non -salary budgets would be expended by year -end. Therefore, approval of
carryover non -salary budgets does not reduce the estimated June 30, 2022, fund balances.
In order to keep from having purchase orders open for multiple years, past practice of the
Authority is to close prior year purchase orders at the end of September, and re- appropriate the
funds in the subsequent year, along with authorizing the Authority to re -issue the purchase orders
in the new fiscal year.
Since Generally Accepted Accounting Principles (GAAP) do not recognize encumbrances,
closing out old encumbrances where goods and services have not been received, will enable the
Authority's budgetary financial statements to more closely align with audited GAAP statements.
PROPOSED CARRYOVER:
Previously authorized loan proceeds are expected to be transferred from the OPWA Fund to the
Capital Improvements Fund in FY 2023, as invoices are due. The FY 2022 Budget for loan proceeds
is recommended to be carried over and re- aoorooriated in FY 2023.
FY 2023
Expenditure
Requested Revised
Revenue
OPWA Department
Expenditure
Carryover
2023 Expenditure
Carryover
Budget
Budget
Budget
OPWA Debt
Proceeds
$ 3,000,000.00
$ 3,000,000.00
$ 11,346,447.70
OPWA
Administration
1,224,764.00
11000,000.00
2,224,764.00
Utility Billing
519,783.00
3,770.00
523,553.00
Water
5,200,243.00
59,880.00
5,260,123.00
1,667,730.00
8,223,825.81
9,891,555.81
Treatment
Treatment
Wastewater
Collections
7,928,594.00
1,568,746.25
9,497,340.25
Refuse
1,360,730.00
80,907.00
1,441,637.00
Recycle
265,172.00
558,346.00
823,518.00
Transfer to CIP
Debt Proceeds
3,996,116.78
3,996,116,78
Total
21,167,016.00
15,491,591.84
36,658,607.84
11,346,447.70
Carryover Budgets
Page 2
An item has been included on the October 11, 2022, Worksession agenda for additional
discussion. Staff anticipates a request for consideration and action relating to the carryover
on the October 18, 2022, OPWA agenda.
TO: The Honorable Mayor and City Council
FROM: Alexa Beemer, AICP
City Planner
SUBJECT: Annexation (OA 22 -02) & Rezoning (OZ 22 -08) - 12924 East 761h Street North
DATE: October 7. 2022
BACKGROUND:
The Community Development Department received a request for the annexation and rezoning
of property located at 12924 East 761h Street North. The subject property is approximately 4.99
acres in size and is currently zoned Agriculture (AG) within Tulsa County. If annexed, the
applicant is requesting the property be brought into Owasso City Limits as Residential Multi -
Family (RM) via accompanying rezoning request (OZ 22 -08).
SUBJECT PROPERTY /PROJECT DATA:
Property Size
4.99 acres +/-
Current Zoning
Agriculture (AG) In Tulsa County
Proposed Zoning Upon
Annexation
Residential Multifamily (RM)
Land Use Master Plan
Transitional
Within PUD?
No
Within Overlay District?
No
Water Provider
Roger's County Rural Water District # 3
Applicable Paybacks
Assessed at Platting)
Storm Siren Fee ($50.00 per acre)
ANALYSIS:
• The subject property is contiguous with City limits on the northern, eastern, and western
boundaries of the property.
• Typically, property is assigned a zoning of Agriculture (AG) by default upon annexation.
The applicant can also request the property retain the County's corresponding zoning
designation under the Owasso Zoning Code, or seek a concurrent rezoning based on
what the GrOwasso 2035 Land Use Master Plan prescribes.
o In this case, the applicant is requesting that the subject property be annexed and
assigned a zoning of RM, via an accompanying rezoning request.
• The GrOwasso 2035 Land Use Master Plan identifies the subject property for future
"Transitional" uses.
As such, assigning a zoning of RM to the subject property upon annexation
consistent with the long -range vision for the property laid out in the Master Plan.
• The subject property is currently unplatted; the applicant does intend to the develop the
property as the second phase of the Villas at Stonebridge.
Page 2
OA 22 -02 /OZ 22 -08
The first phase of the development is located immediately to the east of the
subject property, and is comprised of a number of quadplexes.
• The City of Owasso will provide police, fire, ambulance, and sanitary sewer services to the
property upon annexation. Rogers County Rural Water District #3 will provide water services
to the subject property.
• Any future development that occurs on the subject property must adhere to all Owasso
subdivision, zoning, and engineering requirements.
SURROUNDING LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
Residential Estate (RE)
Residential
Transitional
Tulsa County
South
Residential Estate (RE)
Residential
Residential
Tulsa County
East
Residential Multifamily
Quadplexes
Transitional
City of Owasso
West
Commercial Shopping
Self- Storage
Commercial
City of Owasso
PLANNING COMMISSION:
The Owasso Planning Commission will consider this item at their regular meeting on October 10,
2022.
ATTACHMENTS:
Aerial Map
Zoning Map
GrOwasso 2035 Land Use Master Plan Map
not precisely align with physical Subject 22-021 0 100 200 400
features on the ground Tract OZ 22-02
Aerial Photo Date: 2020/2021 Feet
1.01.A
ACRES
AG
OKLAHOMA
bARTIST ACRES
Surrounding Zoning
OA 22 -02 /OZ 22 -08
Land Use Master Plan
OA 22 -02 /OZ 22 -08
Subject
Property
Commercial
Industrial
Lake
Neighborhood mx
Parks /Recreation
Public/ Institutional
Residential
Transitional
Subject
Property
TO: The Honorable Mayor and City Council
FROM: Alexa Beemer, AICP
City Planner
SUBJECT: Utility Easement Closure Request - Lots 8 and 7, Block 4, Graceland Acres
DATE: October 7 2022
BACKGROUND:
The Community Development Department received a request from Wallace Design Collective for
the closing of a ten -foot (10') utility easement. The location of the easement lies on Lots 7 and 8,
Block 4, Graceland Acres (northeast corner of East 76 +h Street North and North 129th East Avenue).
The property is currently undeveloped.
The easement essentially bisects the property, which could pose an issue with future development.
The easement is active, having an overhead electrical line running within it. Closure of the easement
will likely result in rerouting the electric line, at the expense of the property owner.
Required notice was sent to all franchise holders and utility companies. The City of Owasso Public
Works Department was also contacted regarding the closing of the portion of the easement and
indicated there should be no impacts to future utilities. No other utilities appear to be affected by
the closing of this portion of the easement. No utility companies had an issue with the proposed
closing of the easement, so long as new easements, if needed, are dedicated per the individual
needs of each utility company. The applicant has indicated that they intend to replat the property,
and would dedicate any needed new utility easements at that point.
If City Council were to approve this easement closure request, the applicant is advised to take this
item to District Court and file for vacation of the easement, which will completely remove it from the
books.
TECHNICAL ADVISORY COMMITTEE:
The Technical Advisory Committee reviewed the request at their September 21, 2022, meeting. The
committee provided the following comments:
• Coordinate with PSO and other Utility Companies regarding the relocation of
any utilities in the easement
• Provide a conceptual plan of how the new the utilities be running /where will
new easements be dedicated
ATTACHMENTS:
Aerial Map
Legal Exhibits
Aerial Map
Easement Closure- Graceland Acres
Plat of Survey
of Pod of
Lot 8, Lot 7, Graceland Acres Subdivision, Sec 28, T -21 -N, R -14 -E
Tulsa County, State of Oklahoma
Le end
P.O.B.
POINT OF BEGINNING
P.O.C.
POINT OF COMMENCEMENT
NORTH
EAST
SOUTH
WEST
SET SURVEY MONUMENT
+/- PLUS OR MINUS
Notes
1. ABSTRACT OF TITLE OR ATTORNEY'S TITLE OPINION NOT AVAILABLE TO SURVEYOR AT DATE
OF SURVEY.
2. THIS FIRM WAS NOT CONTRACTED TO RESEARCH EASEMENTS OR ENCUMBRANCES OF
RECORD. NO ATTEMPT TO RESEARCH THE COUNTY RECORDS OR OTHER RECORD OFFICES
WAS PERFORMED BY THIS FIRM, THEREFORE EASEMENTS MAY AFFECT THE SUBJECT TRACT
THAT ARE NOT REFLECTED BY THIS PLAT.
3. ALL UNDERGROUND UTILITIES MAY NOT BE SHOWN. (CALL "OKIE' BEFORE DIGGINGII)
4. THE BASIS OF SEINING FOR THIS SURVEY IS BASED ON THE WEST LINE OF SECTION 28,
T -21 -N, R -14 -E BEING N01'25'19'W.
Tract 1 Legal Description
COMMENCING AT THE SWTHWE9r CORNER OF SECTION 2B, T -21 -N, R -14 -E, TULSA COUNTY,
OKWIOM4; THENCE N01'25'19V ALONG THE WEST SECTION LINE FOR A DISTANCE OF 656.35 FEET;
THENCE 48634'31'E TOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, BUNG THE
NORTHWEST CORNER OF LOT 8. BLOCK 4 OF GRACELAND ACRES; THENCE 18634'31'E FOR A DISTANCE
OF 11681 FEET THENCE SO1'59'43'E FOR A DISTANCE OF 605.37 FEED THENCE 5B5'35'OBW MR A
DISTANCE OF 97.70 FEET THENCE 44625'06W FOR A DISTANCE OF 35.36 FEED THENCE 01'25'19W
FOR A DISTANCE OF 561.35 FELT BACK TO THE POINT OF BEGINNING. ME% CONTAINING 1.66 ACRES,
MORE OR LESS.
LEM DESCRIPTDON WAS PREPARED ON APRIL 22, 2020 BY CUFF SENNETT. PUS #1815.
Tract 2 Legal Description
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 28, T -21 -N, R -16-E, TULSA COUNTY.
OKLAHOMA: THENCE NO1'25'19V ALONG THE WEST SECTION LINE FOR A DISTANCE OF 656.35 FEET;
THENCE NBW3V31 "E FOR A DISTANCE OF 50.00 FEET; THENCE N8634'31'E FOR A DISTANCE OF 116.81
FEET TO THE POINT OF BEGINNING; THENCE 501'58'43'E FOR A DISTANCE OF 606.37 FEET THENCE
NB635'08'E FOR A DISTANCE OF 165.00 FEE. THENCE N01'59'43W FOR A DISTANCE OF 606,43 FEET;
THENCE 58634'31 V FOR A DISTANCE OF 165.00 FEET TO THE POINT OF BEGINNING. AREA CONTAINING
230 ACRES, MORE OR LESS.
Total Legal Description
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 28, T -21 -14, R -14 -E, TULSA COUNTY,
OKLWOMA THENCE NOi'2WISW ALONG THE WEST SECTION UNE FOR A DISTANCE OF 656.35 FEET;
THENCE 488'34'31'E MR A DISTANCE OF SOAD FEET TO THE POINT OF BEGINNING; THENCE
NBW34'31'E FOR A DISTANCE OF 281.81 FEET; THENCE 501'58'43'E FOR A DISTANCE OF 605,43 FEET;
THENCE WW35 -MV FOR A DISTANCE OF 282.70 FEET; THENCE N4625'06V FOR A DISTANCE OF
35.36 FEET; THENCE NOVM'19W FOR A DISTANCE OF 581,35 FEET TO THE POINT OF BEGINNING;
AREA CONTAINING 3.96 ACREMORE OR
Statement
7M MW CUFF BENNETT HEREBY CERTIFY THAT THE ABOVE REPRESENTS A SURVEY PERFORMED UNDER
MY DIRECT SUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF AR OF THIS DATE. THIS PLAT OF SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS,
AS ADOPTED BY THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND
SURVEYORS FOR THE STATE OF OKLAHOMA.
WITNESS MY HAND AND SEAL THIS 23RD DAY OF APRIL, 2020.
BENNETT
NA URVEYING, INC.
EASEMENT CLOSURE ENHIBIT "A"
LEGAL DESCRIPTION
A TRACT OF LAND LYING LOTS SEVEN (7), AND EIGHT (8), BLOCK FOUR (4), GRACELAND
ACRES, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT
THEREOF; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT EIGHT (8), THENCE S01°25'19"E
FOR A DISTANCE OF 351.35 FEET TO THE POINT OF BEGINNING; THENCE N88°35'08 "E FOR
A DISTANCE OF 285.22 FEET TO A POINT ON THE EAST LINE OF SAID LOT SEVEN (7);
THENCE S01°58'43 "E AND ALONG THE EAST LINE OF SAID LOT SEVEN (7) FOR A
DISTANCE OF 10.00 FEET; THENCE S88°35'08 "W FOR A DISTANCE OF 285.32 FEET TO A
POINT ON THE WEST LINE OF SAID LOT EIGHT (8); THENCE N01°25'06 "W FOR A DISTANCE
OF 10.00 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 2,852 SQUARE
FEET OR 0.07 ACRES MORE OR LESS.
LEGAL DESCRIPTION WAS PREPARED ON AUGUST 10, 2022 BY CLIFF BENNETT, PLS #1815
WITH THE BEARINGS BASED ON THE WEST LINE OF SAID LOT EIGHT (8), BLOCK FOUR (4),
GRACELAND ACRES, AS BEING SOI- 25'19 "E.
SURVEYOR'S CERTIFICATE
I, CLIFF BENNETT OF BENNETT SURVEYING, INC., CERTIFY THAT THE LEGAL
DESCRIPTION HEREON CLOSES IN ACCORDANCE WITH CURRENT TOLERANCES AND IS A
TRUE REPRESENTATION OF THE REAL PROPERTY DESCRIBED, AND THAT THE SURVEY
OF THE REAL PROPERTY MEETS THE MINIMUM TECHNICAL STANDARDS AS ADOPTED
BY THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND
SURVEYORS FOR THE STATE OF OKLAHOMA.
WITNESS MY HAND AND SEAL THIS 10TH DAY OF AUGUST, 2022.
CLIFF BENNETT, PLS
BENNETT
OKLAHOMA NO. 1815
CERT. OF AUTH. NO, 4502
EXP. DATE JUNE 30, 2024
FILE 201241 LG -IA PAGE 1 OF
EASEMENT CLOSURE EXHIBIT "A"
Page 2 of 2
NORTHWEST CORNER OF
LOT EIGHT (8), BLOCK FOUR (4),
GRACELAND ACRES
(POINT OF COMMENCEMENT)
EASEMENT CLOSURE EXHIBIT "A"
LEGAL DESCRIPTION
CLOSURE REPORT
POINT OF BEGINNING: North: 467572.3693' East: 2608185.8624'
Segment 41 : Line
Course: N88 °35'08 "E Length: 285.22'
North: 467579.4098' East: 2608470.9955'
Segment #2 : Line
Course: S01 °58'43 "E Length: 10.00'
North: 467569.4157' East: 2608471.3408'
Segment #3 : Line
Course: S88 °35'08 "W Length: 285.32'
North: 467562.3728' East: 2608186.1077'
Segment #4 : Line
COurse:NOI °25'06 "W Length: 10.00'
North: 467572.3698' East: 2608185.8602'
Perimeter: 590.54' Area:0.07acres
Error Closure: 0.0023 Course: N79 °04'06 "W
Error North: 0.00043 East: - 0.00223
Precision 1:256756.52
TO: The Honorable Mayor and City Council
FROM: Karl A. Fritschen RLA, AICP
Current Zoning
Planning Manager
SUBJECT: Final Plat -5th Avenue Business Park
DATE: October 7, 2022
BACKGROUND:
The Community Development Department received an application for review and approval of
a Final Plat for 5th Avenue Business Park, a proposed industrial flex space development. The
subject property is located at the southwest corner of the intersection of East 5th Avenue and
North Owasso Expressway. The property is approximately 10.48 acres in size and is zoned
Industrial Light (IL).
SUBJECT PROPERTY /PROJECT DATA:
Property Size
10.48 acres +/-
Land Use Master Plan
Industrial/Regional Employment
Current Zoning
IL
Proposed Use
Industrial Flex Space
Proposed Lots /Blocks
2 Lots, 1 Blocks
Within a PUD?
No
Within an Overlay District?
No
Water Provider
City of Owasso
Streets
N/A
Applicable Paybacks /Fees
assessed at platting)
Storm Siren Fee ($50.00 per acre)
ANALYSIS:
• The proposed Final Plat for 51h Avenue Business Park consists of two (2) Lots on one (1)
Block. All of the proposed lots as depicted on this Plat meet the lot size and frontage
requirements outlined in the Owasso Zoning Code for the IL District.
• There will be three (3) 50- foot -wide points of access for this subdivision. One (1) from
South East 5th Avenue and two (2) from the Owasso Expressway Service Road.
o The plat also references a blanket internal Mutual Access Easement (MAE) that
allows cross access between Lots 1 and 2.
• Detention will not be required, due to the close proximity to the floodplain.
• A large amount of floodplain lies in the western portion of the property and is identified
on the plat. The applicant is working towards securing a Letter of Map Revision (LOMB)
through the Federal Emergency Management Agency which would alter the floodplain
boundary.
o The Final Plat indicates the limits of both the proposed FEMA boundary as well as
the current boundary. For the purpose of this plat, the location of the current
Final Plat- 5th Avenue Business Park
Page 2
flood plain shall remain as shown on the plat. When the LOMR is approved, it
shall be filed with this plat at the County.
• Perimeter and interior utility easements are shown on the Plat, allowing utility companies
adequate access to service the subdivision.
• The City of Owasso will provide police, fire, ambulance, water, and sanitary sewer
services to the property.
• Any development that occurs on the subject property shall adhere to all development,
zoning, and engineering requirements of the City of Owasso.
SURROUNDING ZONING AND LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
Industrial Light IL
Retail Nursery
Commercial
City of Owasso
South
Industrial Light (IL)/
Agriculture (AG)
Vacant
Commercial
City of Owasso/
Tulsa County
East
Agriculture AG
Right-of-Way
N/A
City of Owasso
West
Industrial Light (IL)
Industrial
Industrial /Regional
Employment
City of Owasso
PLANNING COMMISSION:
The Owasso Planning Commission will consider this item at their regular meeting on October 10,
2022.
ATTACHMENTS:
Aerial Map
Preliminary Plat - 5th Avenue Business Park
Aerial Map
Final Plat- 5th Ave Business Park
TO: The Honorable Chair and Trustees
Owasso Public Works Authority
From: Roger Stevens
Public Works Director
Subject: Architecture and Engineering Design Agreement — Public Works and Vehicle
Maintenance Facilities
Date: October 7, 2022
BACKGROUND:
In March 2020, the City of Owasso purchased a 62.55 -acre tract of land located at East 116
Street North and Mingo Road. The land was purchased to accommodate a new Public Works
Facility, Vehicle Maintenance Facility and onsite and regional stormwater detention.
The Public Works facility will include approximately 16,000 square feet of Public Works office
space and approximately 14,000 square feet for the field operations personnel. In addition,
approximately 20,000 square feet of covered or enclosed storage for salt, sand, gravel and
equipment. The Vehicle Maintenance Facility will have approximately 18,000 square feet of
space for administration and fleet maintenance. Lastly, the regional and onsite detention design
will be performed by others.
In April 2022, staff requested qualifications from seven architect firms. In May 2022, staff reviewed
and scored the qualifications of the seven firms and narrowed the list to the top three firms
based on experience and credentials. In June 2022, the three firms were interviewed, with Beck
Design, of Tulsa, Oklahoma being selected by the selection committee.
ARCHITECTURE AND ENGINEERING AGREEMENT /SCOPE OF WORK:
City staff and Beck Design developed a scope of work for the design project. Design plan
submittals will be required at the 50% and 95% completion stages and then final plans for bid
advertisement. The following components are included in the agreement:
• Architectural Design, Structural, Mechanical, Electrical, Plumbing, Fire Protection
Engineering
• Landscape Architecture
• Site Survey
• Geotechnical Services
• Civil Engineering — Water, Sanitary Sewer, Stormwater and Roadway Improvements
• Fixtures, Furniture and Equipment Selection
• Construction Administration Services
In October 2022, City staff and Beck Design came to an agreement relating to the design
service fee. If approved by Owasso Public Works Authority, the cost of architecture /engineering
services will be a lump sum amount of $811,550.00.
FUNDING:
The funding for the proposed design fee is available in the Owasso Public Works Authority Fund.
OPWA
Page 2
PROPOSED ACTION:
This item has been placed on the October 11, 2022, City Council Worksession agenda for
discussion.
ATTACHMENTS:
Site Map
Proposed Agreement
116TH NORTH
OWASSO PUBLIC WORKS
NORTH
AIA Document B133' - 2019
Standard Form of Agreement Between Owner and Architect, Construction Manager as
Constructor Edition
AGREEMENT made as of the Eighteenth day of October in the year Two Thousand Twenty
This document has Important legal
Two.
ADDITIONS AND DELETIONS:
(In words, indicate day, month and year.)
The author of This document has
Tulsa OK 74119
added Information needed for its
BETWEEN the Architect's client identified as the Owner:
completion. The author may also
(Name, legal states, address, and other information)
have revised the text of the original
AIA standard form. An Additions and
City of Owasso
Deletions Report that notes added
P.O. Box 180 (preferred)
information as well as revisions to the
301 W. 2n4 Avenue (Only if a physical address to our building is needed)
standard form text Is available from
Owasso, OK 74055
the author and should be reviewed. A
ATTN: Roger Stevens, Owasso Public Works
vertical line in the left margin of this
access and circulation will be provided. A portion of the civil engineering and
document indicates where the author
and the Architect:
has added necessary Information
(Name, legal stains, address, and other h formation)
and where the author has added to or
deleted from the original AIA text.
The Owner and Architect agree as follows.
Init. AIA Document B133' - 2019. Copydght® 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects;
"AIA," the AIA Logo, end'AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA
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i be used In accordance with the AIA Contract DocumentsoTerms of Service. To report copyright violations, a -mall copydght@aia.org.
Us or Notes; (1332507179)
This document has Important legal
Beck Associates Architects, PLLC
consequences. Consultation with an
110 West 711, Suite 710
attorney is encouraged with respect
Tulsa OK 74119
to Its completion or modification.
for the following Project:
This document Is Intended to be used
(Waite, location, and detailed description)
in conjunction with AIA Documents
A201- 20177m, General Conditions of
Owasso Public Works Office and Maintenance Facility to be located at the property
the Contract for Construction;
A133- 2019TMl Standard Form of
bounded by 11611 St. N along the north, N 971h E Ave(Mingo Rd) along the west. The
Agreement Between Owner and
railroad track along the east and the housing properties to the south. The land area is
Construction Manager as
approximately 63 acres. A new office building, fleet maintenance facility, field offices and
Constructor where the basis of
storage buildings will be designed on the existing greenfield site. Site paving, vehicular
payment Is the Cost of the Work Plus
access and circulation will be provided. A portion of the civil engineering and
a Fee with a Guaranteed Maximum
environmental study scope will be provided by the owner under a separate contract
Price; and A134- 2019'^' Standard
Form of Agreement Between Owner
and Construction Manager as
Constructor where the basis of
The Construction Manager (if known):
payment is the Cost of the Work Plus
(Name, legal status, address, and other information)
a Fee without a Guaranteed
Maximum Price. AIA Document
A2011s- 20171s adopted in this
To be determined
document by reference. Do not use
with other general conditions unless
this document Is modified,
The Owner and Architect agree as follows.
Init. AIA Document B133' - 2019. Copydght® 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects;
"AIA," the AIA Logo, end'AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA
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i be used In accordance with the AIA Contract DocumentsoTerms of Service. To report copyright violations, a -mall copydght@aia.org.
Us or Notes; (1332507179)
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 COSTOFTHEWORK
7 COPYRIGHTS AND LICENSES
9 CLAIMS AND DISPUTES
9 TERMINATION OR SUSPENSION
10 MISCELLANEOUS PROVISIONS
11 COMPENSATION
12 SPECIAL TERMS AND CONDITIONS
13 SCOPE OF THE AGREEMENT
ARTICLE 1 INITIAL INFORMATION
§ 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1.
(Fat-each iteot in this section, insert the information a' a statement sach as "not applicable" or• "unknolvn at lime of
execution.')
§ 1.1.1 The Owner's program for the Project:
(Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which
the program hill be developed)
Broad -based programming established as described in Exhibit A
§ 1.1.2 The Project's physical characteristics:
(Identify a describe pertinent information about the Project's physical characteristics, such as size; location;
dimensions; geotechnical reports; site boundaries; topographic stoveys; traffic and trtilitystudies; availabilify ofpablic
and private utilities and services; legal description of the site, etc.)
The land to be developed at the southeast corner N. 97th E. Avenue and 116th St. N is an
approximately 63 acre site. The Beck team along with the City of Owasso representatives will design
approximately 16,000 SF Public Works office space, approximately 18,000 SF of fleet maintenance
and field offices, And an approximately 14,000 SF Field Operations Building. In additions around
20,000SF of unconditioned, covered or enclosed storage for salt, sand, gravel and equipmentwill be
provided. The surrounding site will be lay area for materials and equipment. Parking for staff and
visitors will be provided and access drives planned for ease of equipment circulation. Access roads
from Mingo and 116th ST N will be included in the design.
§ 1.1.3 The Owner's budget for the Cost of the Work, as defned in Section 6.1:
Init. AIA Document B733'— 2o1a. Copyright® 2014, and 2019 by The American Institute of Architects. All rights reserved.The'American lnsiltuteofArchitects,'
'AIA; the AIA Logo. end -AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA
software at 10:43:41 CT an 10105/2022 under Order No.2114280969 which expires on 01/2312023, Is not for resale, is licensed for one -lime use only, and may only
I be used in accordance with the AIA Contract Documents ®Terms of service. To report copyrightuioiations, e-mail enpyrigb(@aiaorg.
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(Provide total and, ifknouvr, a line ifem breakdmrn.)
Total Project budget: $11,000,000
§ 1.1.4 The Owner's anticipated design and construction milestone dates:
.1 Design phase milestone dales, if any:
N/A
.2 Construction commencement date:
N/A
.3 Substantial Completion date or dates:
N/A
.4 Other milestone dates:
N/A
§ 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement:
(Indicate agreement type.)
[ ] AIA Document A133 -2019, Standard Form of Agreement Between Owner and Construction Manager
as Constructor where the basis of payment is the Cost of the Work Plus aFee with a Guaranteed
Maximum Price.
(Paragraph deleted)
§ 1.1.6 The Owner's requirements for accelerated or fast -track design and construction, or phased construction are set
forth below:
(List nionber and type of bid/procurement packages.)
N/A
§ 1.1.7 The Owner's anticipated Sustainable Objective for the Project:
(identify and describe the Owner's Sustainable Objective for, the Project, if any)
N/A
§ 1.1.7.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AiA
Document E234TA1 -2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, into this
Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. If E234 -2019 is
incorporated into this Agreement, the Owner and Architect shall incorporate the completed E234 -2019 into the
agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable
Objective.
§ 1,1.6 The Owner identifies the following representative in accordance with Section 5.4:
(List name, address, and other contact information.)
Roger Stevens
Owasso Public Works
P.O. Box 180 (preferred)
301 W. 2nd Avenue (Only if a physical address to our building is needed)
Owasso, OK 74055
Init. AIA Document B133' -2019. Copyright02014, and 2019 by The American Institute of Architects. All rights mewed. The *American Institute of Architects;
-AIA,'Ihe AIA Logo. and *AIA Contract Documents' are registered trademarks and may not be used withoutpermisslon . This document was produced by AIA 3
software at 10:43:41 CT on 10/0512022 under Order No.2114260969 which expires on 01123(2023, Is not for resale, Is Iloensed for one -lime use only, and may only
/ be used In accordance with the AIA Contract Documents- Terms of Service. To report copyright violations, email mpydght@ala,org.
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§ 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's
submittals to the Owner are as follows:
(List name, address, and other contact information)
§ 1.1.10 The Owner shall retain the following consultants and contractors:
(List name, legal status, address, and other contact information.)
1 Construction Manager:
(The Construction Manager is identified on the caner page. If a Construction Manager has not been
retained as ofthe date of this Agreement, state the anticipated dale ofrelenflon. If the Architect is to assist
the Orvne• in selecting the Construction Manager, complete Section 4.1.1.1)
TBD
.2 Land Surveyor:
N/A
.3 Geotechnical Engineer:
N/A
.4 Civil Engineer:
Freese and Nichols
3600 NW 138", Street, Suite 202
Oklahoma City, Oklahoma
73134
,5 Other consultants and contractors:
(List any other consultants and contractors retained by the Owner)
Eagle Consultants
P.O. Box 335
Vinita, Oklahoma 74301
§ 1.1.11 The Architect identifies the following representative in accordance with Section 2.4:
(List none, address, and other contact information)
Wesley Rutledge, RA, LEED AP, Project Manager
110 West 7th, Suite 710
Init. AIA Dacument B133- - 2o1a. Copyright® 2014, and 2019 by The American Institute of Amhitects. All rights reserved. The "American Institute of Architects;
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/ be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.arg.
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Tulsa, Oklahoma 74119
918.583.5300
§ 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2:
(List name, legal status, address, and other contact Information)
§ 1.1.12.1 Consultants retained under Basic Services:
.1 Structural Engineer:
360 Engineering
1201 E. 3rd St
Tulsa, Oklahoma 74120
.2 Mechanical Engineer:
Alvine Engineering
1001 W. Wilshire Blvd #102
Oklahoma City, OK 73116
.3 Electrical Engineer:
Alvine Engineering
1001 W. Wilshire Blvd #102
Oklahoma City, OK 73116
§ 1.1.12.2 Consultants retained under Supplemental Services:
Civil Engineering and Landscape Architecture:
Wallace Engineering
123 N M.L.K 7r. Blvd
Tulsa, OK 74103
Land Surveying:
Geodeca Land Surveying Company
6028 S. 661h Ave.
Tulsa OK 74145
Geotechnical Engineer:
Terracon
9522 E 471h Pl.
Tulsa, OK 74145
§ 1.1.13 Other Initial Information on which the Agreement is based:
N/A
§ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial
Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the
Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the
Init. AIA Document 6133' — 2019. Copyright ® 2014, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects;
"AIA; the AIA Logo, and "AIA Contract Dowments' are registered trademarks and may not be used without permission. This document was produced by AIA $
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/ be used In accordance with the AIA Contract Documents® Terms of Servlce. To report copyright violations, e-mail copyrightaraia.org.
Deer Notes: (1332507179)
Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to
accommodate material changes in the Initial Information.
§ 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other
information or documentation in digital form. The parties will use AIA Document E203"L -2013, Building Information
Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of
digital data.
§ 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols
governing the use of, and reliance on, the information contained in the model andwithout having those protocols set forth
in AIA Document E203Tm -2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA
Document 15202T^ 2013, . Project Building Information Modeling Protocol Form, shall be at the using or relying patty's
sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the
building information model, and each of their agents and employees.
ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
§ 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is
properly licensed in the jurisdiction 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.
§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform
its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.
§ 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in
the agreement identified in Section 1.1.5, The Architect shall not be responsible for actions taken by the Construction
Manager.
§ 2A The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project.
§ 2.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment
with respect to this Project,
§ 2.6 Insurance. The Architect shall maintain the following insurance until termination of this Agreement. If any of the
requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay
the Architect as set forth in Section 11.9.
§ 2.6.1 Commercial General Liability with policy limits of not less than One Million Dollars ($ 1,000,000 ) for each
occurrence and Two Million Dollars ($2,000,000 ) in the aggregate for bodily injury and property damage.
§ 2.6.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits
of not less than One Million Dollars ($ 1,000,000 ) per accident for bodily injury, death of any person, and property
damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily
required automobile coverage.
§ 2.6,3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile
Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess
or umbrella liability insurance policies result in the same or greater coverage as the coverages required under
Sections 2.6.1 and 2.6.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than
the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual
payment by the underlying insurers.
§ 2.6.4 Workers' Compensation at statutory limits.
§ 2.6.5 Employers' Liability with policy limits not less than One Million Dollars ($ 1,000,000 ) each accident, One
Million Dollars ($ 1,000,000 ) each employee, and One Million Dollars ($ 1,000,000 ) policy limit.
Init. AIA Document B133' -gate. Cepyrghl® 2014, and 2019 by The American Institute of Architects. All fights reserved. The 'Amerlcan Institute of Architects;
'AIA; the AIA Logo, and "AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 6
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§ 2.6.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services,
with policy limits of not less than Two Million Dollars ($ 2,000,000 ) per claim and Two Million Dollars ($
$2,000,000 ) in the aggregate.
§ 2.6.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and
excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an
additional insured for claims caused in whole or in partby the Architect's negligent acts or omissions. The additional
insured coverage shall be primary and non - contributory to any of the Owner's insurance policies and shall apply to both
ongoing and completed operations.
§ 2.6.6 The Architect shall provide certificates of insurance to the Ownerthat evidence compliance with the requirements
in this Section 2.6.
ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES
§ 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary
structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or
Additional Services.
§ 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project meetings,
communicate with members of the Project team, and report progress to the Owner.
§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager,
and the Owner's consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy,
completeness, and timeliness of, services and information furnished by the Owner, the Construction Manager, and the
Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of
any error, omission, or inconsistency in such services or information.
§ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit, for the Construction Manager's
review and the Owner's approval, a schedule for the performance of the Architect's services. The schedule shall include
design phase milestone dates, as well as the anticipated dates for the commencement of construction and for Substantial
Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time
required for the Owner's review, for the Construction Manager's review, for the performance of the Construction
Manager's Preconstruction Phase services, for the performance of the Owner's consultants, and for approval of
submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by
the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval,
the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction.
§ 3,1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the
Project schedule as it relates to the Architect's services. The Architect shall review and approve, or take other appropriate
action upon, the portion of the Project schedule relating to the performance of the Architect's services.
§ 3.1.5 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of
non - conforming work, made or given without the Architect's written approval.
§ 3.1.6 The Architect shall, in coordination with the Construction Manager, contact governmental authorities required to
approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to
applicable design requirements imposed by those authorities and entities.
§ 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for
filing documents required for the approval of governmental authorities having jurisdiction over the Project.
§ 3.1.8 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, or the
Owner's approval of the Construction Manager's Control Estimate, as applicable, the Architect shall consider the
Construction Manager's requests for substitutions and, upon written request of the Construction Manager, provide
clarification or interpretations pertaining to the Drawings, Specifications, and other documents submitted by the
Init. AIA Docu nont a133` - eola. Copyright® 2014, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects;
'AIA; the AIA Logo, and 'AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 7
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Architect. The Architect and Construction Manager shall include the Owner in communications related to substitution
requests, clarifications, and interpretations.
§ 3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate
§ 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager shall
prepare, for review by the Owner and Architect, and for the Owner's acceptance or approval, a Guaranteed Maximum
Price proposal or Control Estimate. The Architect shall assist the Owner in reviewing the Construction Manager's
proposal or estimate. The Architect's review is not for the purpose of discovering errors, omissions, or inconsistencies; for
the assumption of any responsibility for the Construction Manager's proposed means, methods, sequences, techniques, or
procedures; or for the verification of any estimates of cost or estimated cost proposals. In the event that the Architect
discovers any inconsistencies or inaccuracies in the information presented, the Architect shall promptly notify the Owner
and Construction Manager.
§ 3.2.2 Upon authorization by the Owner, and subject to Section 4.2.1.14, the Architect shall update the Drawings,
Specifications, and other documents to incorporate the agreed upon assumptions and clarifications contained in the
Guaranteed Maximum Price Amendment or Control Estimate.
§ 3.3 Schematic Design Phase Services
§ 3.3.1 The Architect shall review the program, and other information furnished by the Owner and Construction Manager,
and shall review laws, codes, and regulations applicable to the Architect's services.
§ 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the
Work, Project site, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project.
The Architect shall notify the Owner of(1) any inconsistencies discovered in the information, and (2) other information or
consulting services that may be reasonably needed for the Project.
§ 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss
with the Owner and Construction Manager alternative approaches to design and construction of the Project. The Architect
shall reach an understanding with the Owner regarding the requirements of the Project.
§ 3.3.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, to the
Owner and Construction Manager, for the Owner's approval, a preliminary design illustrating the scale and relationship of
the Project components.
§ 3.3.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design
Documents for Construction Manager's review and the Owner's approval. The Schematic Design Documents shall
consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and
elevations; and may include some combination of study models, perspective sketches, or digital representations.
Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in
writing.
§ 3.3.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation,
together with other considerations based on program and aesthetics, in developing a design that is consistent with the
Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable
design services as a Supplemental Service under Section 4.1.
§ 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials,
building systems and equipment, together with other considerations based on program and aesthetics, in developing a
design for the Project that is consistent with the Owner's program, schedule, and budget for the Cost of the Work.
§ 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The
Architect shall meet with the Construction Manager to review the Schematic Design Documents.
§ 3.3.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the
Schematic Design Phase, the Architect shall take action as required under Section 6.4, and request the Owner's approval
of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the
Init. AIA Document 8133• - 2019. Copydght ® 2014, and 2019 by The American Institute of Architects. All rights reserved. The'Amedcan Institute of Architects;
'AIA; the AIALago, and 'AIAConlract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 8
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Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate
the required revisions in the Design Development Phase.
§ 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the
Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work, which are to be provided by the
Construction Manager under the Construction Manager's agreement with the Owner.
§ 3.4 Design Development Phase Services
§ 3.4.1 Based on the Owner's approval of the Schematic Design Documents, . and on the Owner's authorization of any
adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design
Development Documents for the Construction Manager's review and the Owner's approval. The Design Development
Documents shall be based upon information provided, and estimates prepared by, the Construction Manager and shall
illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and
other documents including plans, sections, elevations, typical Construction details, and diagrammatic layouts of building
systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical
systems, and other appropriate elements. The Design Development Documents shall also include outline specifications
that identify major materials and systems and establish in general their quality levels.
§ 3.4.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development
Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to
review the Design Development Documents.
§ 3.4.3 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design
Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's
approval of the Design Development Documents.
§ 3.5 Construction Documents Phase Services
§ 3.5.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any
adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction
Documents for the Construction Manager's review and the Owner's approval. The Construction Documents shall
illustrate and describe the further development of the approved Design Development Documents and shall consist of
Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and
other requirements for the construction of the Work The Owner and Architect acknowledge that, in order to perform the
Work, the Construction Manager will provide additional information, including Shop Drawings, Product Data, Samples
and other similar submittals, which the Architect shall review in accordance with Section 3.6.4.
§ 3.5.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the
Project into the Construction Documents.
§ 3.5.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist the
Owner and Construction Manager in the development and preparation of (1) the Conditions of the Contract for
Construction (General, Supplementary and other Conditions) and (2) a project manual that includes the Conditions of the
Contract for Construction and Specifications, and may include sample forms.
§ 3.5.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction
Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to
review the Construction Documents.
§ 3.5.5 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction
Documents Phase, the Architect shall take action as required under Section 6.7, and request the Owner's approval of the
Construction Documents.
§ 3.6 Construction Phase Services
§ 3.6.1 General
§ 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Construction Manager as
set forth below and in AIA Document A201Tm -2017, General Conditions of the Contract for Construction. If the Owner
and Construction Manager modify AIA Document A201 -2017, those modifications shat l not affect the Architect's
hill. AIA Document B133' -xe la. Copyright02014, and 2019 by The American Institute of Architects. All rights reserved. The 'American lns0ute or Architects;
'AIA,' the AIA Logo, and 'AIA Contract Documents' are registered hademarks and may not be used without permission. This document was produced by AIA 9
software at 10:43A1 CT on 10/05/2022 under Order No-2114260969 which expires on 01123/2023, Is not for resale, is licensed for one -lime use only, and may only
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services under this Agreement unless the Owner and the Architect amend this Agreement. The term "Contractor" as used
in A201 -2017 shall mean the Construction Manager.
§ 3.6.1.2 Subject to Section 4.2, the Architect's responsibility to provide Construction Phase Services commences upon
the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, the Owner's approval of
the Construction Manager's Control Estimate, or by a written agreement between the Owner and Construction Manager
which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or
approval. Subject to Section 4.2, and except as provided in Section 3.6.6.5, the Architect's responsibility to provide
Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment.
§ 3,6.1.3 The Architect shall advise and consultwith the Owner and Construction Manager during the Construction Phase
Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.
The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be
responsible for the Construction Manager's failure to perform the Work in accordance with the requirements of the
Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have
control over or charge of, and shall not be responsible for, acts or omissions of the Construction Manager or of any other
persons or entities performing portions of the Work.
§ 3.6.2 Evaluations of the Work
§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in
Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to
determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully
completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make
exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the sitevisits, the
Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,
and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the
most recent construction schedule submitted by the Construction Manager, and (3) defects and deficiencies observed in
the Work.
§ 3,6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the
Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or
completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to
exercise such authority shall give rise to a duty or responsibility of the Architect to the Construction Manager,
Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work.
§ 3.6.2,3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request of either the Owner or Construction Manager. The Architect's response to such
requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
§ 3.6.2,4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable
from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and
decisions, the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager, shall not
show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The
Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
Contract Documents.
§ 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker, as
that term is defined in AIA Document A201 -2017, the Architect shall render initial decisions on Claims between the
Owner and Construction Manager as provided in the Contract Documents.
§ 3.6.3 Certificates for Payment to Construction Manager
§ 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in
such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the
Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager's
Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed
[nit AIA Document B133' - outs. Copyright® 2014, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects;
'AIA; the AIA Logo, and 'AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 10
software 8110:43:41 CT on 10/05/2022 under Order No,2114280969 which expires on 01/23/2023, Is not for resale, Is licensed for one -lime use only, and may only
/ be used In accordance with the AIA Contract Documents' Terms of service. To report copyright violations, e-mail copyrighl@ala.org.
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to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Construction
Manager is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of
the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequenttests and
inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific
qualifications expressed by the Architect.
§ 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive
or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods,
techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and
other data requested by the Owner to substantiate the Construction Manager's right to payment, or (4) ascertained how or
for what purpose the Construction Manager has used money previously paid on account of the Contract Sum.
§ 3,6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.
§ 3.6.4 Submittals
§ 3.6.4.1 The Architect shall review the Construction Manager's submittal schedule and shall not unreasonably delay or
withhold approval of the schedule. The Architect's action in reviewing submittals shall be taken in accordance with the
approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while
allowing sufficient time, in the Architect's professional judgment, to permit adequate review.
§ 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Construction Manager's
submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for
conformance with information given and the design concept expressed in the Contract Documents. Review of such
submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions,
quantities, and installation or performance of equipment or systems, which are the Construction Manager's responsibility.
The Architect's review shall not constitute approval of safety precautions or construction means, methods, techniques,
sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which
the item is a component.
§ 3.6.4.3 If the Contract Documents specificaHy require the Construction Manager to provide professional design services
or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the
appropriate performance and design criteria that such services must satisfy. The Architect shall review and take
appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Construction
Manager's design professional, provided the submittals bear such professional's seal and signature when submitted to the
Architect. The Architect's review shall be for the limited purpose of checking for conformance with information given
and the desiga concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be
responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such
design professionals.
§ 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract
Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information.
Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or
Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such
requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If
appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests
for information.
§ 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction
Manager in accordance with the requirements of the Contract Documents.
§ 3.6.5 Changes In the Work
§ 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract
Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section
4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and
execution in accordance with the Contract Documents.
§ 3.6.5.2 The Architect shall maintain records relative to changes in the Work-
Ini
t. AIA Document B133' - Isis. Copyright® 2014, and 2019 by The American Insillule of Architects. All rights reserved. The 'American Institute of Archilects;
'AIA; ma AIA Logo, and 'AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 11
software at 10:43:41 CT on 10/05/2022 under Order No.2114280969 which expires on 01/2312023, is not for resale, Is licensed for one -time use only, and may only
1 be used In accordance with the AIA Contract Documents• Terms of Service. To report copyright violations, e-mall copydghl @ale.nrg.
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§ 3.6.6 Project Completion
§ 3.6.6.1 The Architect shall:
.1 conduct inspections to determine the date or dates of Substantial Completion and the date of final
completion;
.2 issue Certificates of Substantial Completion;
.3 forward to the Owner, for the Owner's review and records, written warranties and related documents
required by the Contract Documents and received from the Construction Manager; and
.4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the
Architect's knowledge, information, and belief, the Work complies with the requirements of the Contract
Documents.
§ 3.6.6.2 The Architect's inspections shall be conducted with the Owner to (1) check conformance of the Work with the
requirements of the Contract Documents and (2) verify the accuracy and completeness of the list submitted by the
Construction Manager of Work to be completed or corrected.
§ 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the
Contract Sum remaining to be paid the Construction Manager, including the amount to be retained from the Contract Sum,
if any, for final completion or correction of the Work.
§ 3.6.6.4 The Architect shall forward to the Owner the following information received fi-om the Construction Manager:(])
consent of surety or sureties, if any, to reduction in or partial release of retainage orthe making of final payment; (2)
affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other
documentation required of the Construction Manager under the Contract Documents.
§ 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the
Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and
performance.
ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES
§ 4.1 Supplemental Services
§ 4.1.1 The services listed below are not included in Basic Set-vices but may be required for the Project. The Architect
shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's
responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically
addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed
Supplemental Service is not being provided for the Project.
(Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by
indicating whether the Architect or Owner shall be responsiblefor providing the identified Supple)?tental Service. Insert a
description of five Supplemental Services in Section 4.1.2 belmv or attach the description of services as an exhibit to this
Agreement.)
)alt. AIA Document B133- -zo 19. CopydghtO 2014, and 2019 by The American Institute of Architects. All rights reserved. The *American Institute orArchilects,'
'AIA; the AIA Logo,end'AIA Contract Documents are registered trademarks and may not be used without permission. This dominant was produced by AIA 12
software at 10 :43:41 CT on 10/05/2022 under Order Nu.2114280969 which wplres on 0112312023, is not for resale, Is licensed for one -time use only, and may only
I be used In accordance with the AIA Contract Documents* Terms or Service. To report copyright violations, a,mall wpyrlght@ala.org.
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Supplemental Services
Responsibility
Architect, Owner, or not provided)
4.1.1.1
Assistance with Selection of Construction Manager
Owner
4.1.1.2
Programming
ArchitectlOwner
4.1.1.3
Multiple Preliminary Designs
Architect
4.1.1.4
Measured drawings
Architect
4.1.1.5
Existing facilities surveys
Architect
4.1.1.6
Site evaluation and planning
Architect
4.1.1.7
Building Information Model management responsibilities
NIA
§ 4.1.1.8
Development of Building Information Models for post
construction use
NIA
4.1.1.9
Civil engineering
Architect) Owner
4.1.1.10 Landscape design
Architect
4.1.1.11
Architectural interior design
Architect
4.1.1.12 Value analysis
N/A
4.1.1.13
Cost estimating
NIA
4.1.1.14
On -site project representation
NIA
4.1.1.15
Conformed documents for construction
Architect
4.1.1.16
As-designed record drawings
N/A
4.1.1.17
As- constructed record drawings
N/A
4.1.1.18
Post -occu noy evaluation
N/A
4.1.1.19
Facility support services
N/A
4.1,1.20
Tenant - related services
N/A
4.1,1.21
Architect's coordination of the Owner's consultants
Architect I Owner
4.1.1.22
Telecommunications /data design
Architect (building infrastructure only)
4.1.1.23
Security evaluation and planning
Architect (building infrastructure only)
4.1.1.24 Commissioning
NIA
4.1.1.25
Sustainable Project Services pursuant to Section 4.1.3
NIA
4.1.1,26 Historic preservation
NIA
4.1,1.27
Furniture, furnishings, and equipment desi n
NIA
4.1.1.28
Other services provided by specialty Consultants
Survey, geotechnical engineering
4.1.1.29
Other Supplemental Services
§ 4.1.2 Description of Supplemental Services
§ 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is
provided below.
(Describe in detail the Architect's Supplemental Services identified in Section 4.1.1 or, ifset forth in an exhibit, identify
the exhibit. The ALA publishes a nunfber of Standard Forst ofArchilect's Services documents that can be included as an
exhibit to describe the Architect's Supplemental Services)
Beck Design will provide consulting professionals to provide land survey, geotechnical engineering landscape
architecture and civil engineering to supplement the Owner's civil engineering provided under a separate contract. The
services include platting and rezoning, paved areas and drives internal to the site, extension of utilities from right of ways
grading and stormwater runoff design to detention areas. Required environmental studies, special approvals and permits
from entities other than the City of Owasso are not included (for example the United States Army Corps of Engineers,
Federal Emergency Management Agency, etc).
Inn. AIA Document 8133' - zo19. Copydghl® 2014, and 2019 by The American Institute or Architects. All fights reserved. The 'American Institute of Architects.'
'AIA; the AIA Logo, and WA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 13
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§ 4.1.2.2 A description of each Supplemental Service identified in Section 4.13 as the Owner's responsibility is provided
below.
(Describe in detail the Owner's Supplemental Services identified in Section 4.1.1 or, ifset forth in an exhibit, identify the
exhibit.)
The owner will provide civil engineering to include regional detention, on -site detention design, upstream drainage and
a Letter of Map Revision (LOMB) from FEMA and modification of the floodplain. Owner will provide design of
regioinal, and on -site detention and obtain all required permits fi onr all other authorites having jurisdiction.
§ 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service,
the Sustainabilily Services required in AIA Document E234Tm -2019, Sustainable Projects Exhibit, Construction Manager
as Constructor Edition, attached to this Agreement. The Owner shall compensate the Architect as provided in Section
11.2.
§ 4.2 Architect's Additional Services
The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement.
Except for services required due to the fault of the Architect, any Additional Set-vices provided in accordance with this
Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and.an appropriate adjustment in the
Architect's schedule.
§ 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with
reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to
provide the following Additional Services until the Architect receives the Owner's written authorization:
.1 Services necessitated by a change in the Initial Information, previous instructions or recommendations
given by the Construction Manager or the Owner, approvals given by the Owner, or a material change in
the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or bid
packages in addition to those listed in Section 1.1.6;
.2 Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section 6.7),
when such revisions are required because the Construction Manager's estimate of the Cost of the Work,
Guaranteed Maximum Price proposal, or Control Estimate exceeds the Owner's budget, except where such
excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and
quality of materials, finishes, or equipment;
.3 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or
editing previously prepared Instruments of Service;
.4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of
applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable
authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to
requirements of the Instruments of Service when those Instruments of Service were prepared in accordance
with the applicable standard of care,
.5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner
or any other failure of performance on the part of the Owner or the Owner's consultants or contractors;
.6 Preparing digital models or other design documentation for transmission to the Owner's consultants and
contractors, or to other Owner- authorized recipients;
.7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or
Construction Manager;
.8 Preparation for, and attendance at, a public presentation, meeting or hearing;
.9 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the
Architect is party thereto;
.10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or
.11 Assistance to the Initial Decision Maker, if other than the Architect;
.12 Services necessitated by replacement of the Construction Manager or conversion of the Construction
Manager as constructor project delivery method to an alternative project delivery method;
.13 Services necessitated by the Owner's delay in engaging the Construction Manager;
.14 Making revisions to the Drawings, Specifications, and other documents resulting from agreed -upon
assumptions and clarifications included in the Guaranteed Maximum Price Amendment or Control
Estimate; and
Init. AIA Document 8133 " -2o1a. Copyright® 2014, and 2019 by The Amedran Institute of Architects.All rights reserved. The 'American Institute of Architects;
"AIA; the AIA Logo, and 'AIA Contract DocumanIs' am registered trademarks and may not be used without pennission. This document was produced by AIA 14
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.15 Making revisions to the Drawings, Specifications, and other documents resulting from substitutions
included in the Guaranteed Maximum Price Amendment or Control Estimate.
§ 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the
Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the
Architect's notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt
written notice to the Architect of the Owner's determination. The Owner shall compensate the Architect for the services
provided prior to the Architect's receipt of the Owner's notice:
.1 Reviewing a Construction Manager's submittal out of sequence from the submittal schedule approved by
the Architect;
.2 Responding to the Construction Manager's requests for information that are not prepared in accordance
with the Contract Documents or where such information is available to the Construction Manager from a
careful study and comparison of the Contract Documents, field conditions, other Owner - provided
information, Construction Manager - prepared coordination drawings, or prior Project correspondence or
documentation;
.3 Preparing Change Orders, and Construction Change Directives that require evaluation of the Construction
Manager's proposals and supporting data, or the preparation or revision of instruments of Service;
.4 Evaluating an extensive number of Claims as the Initial Decision Maker; or
.5 Evaluating substitutions proposed by the Owner or Construction Manager and making subsequent
revisions to Instruments of Service resulting therefrom.
§ 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional
Services. When the limits below are reached, the Architect shall notify the Owner:
.1 ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the
Construction Manager
.2 ( Bi- weekly ) visits to the site by the Architect during construction
.3 (1 ) inspections for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents
,4 (1 ) inspections for any portion of the 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 in
Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the
Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor,
whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in
providing those Construction Phase Services.
§ 4.2.5 If the services covered by this Agreement have not been completed within ( I ) months of the date of this
Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated
as Additional Services.
ARTICLES OWNER'S RESPONSIBILITIES
§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner
regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's
objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability;
special equipment; systems; and site requirements.
§ 5.2 The Owner shall retain a Construction Manager to provide services, duties, and responsibilities as described in the
agreement selected in Section 1.1.5.
§ 5.3 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost of the Work as
defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. The
Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final
completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner
shall notify the Architect and Construction Manager. The Owner and the Architect, in consultation with the Construction
Manager, shall thereafter agree to a corresponding change in the Project's scope and quality.
Init. AIA Document8133' -2oig. Copyright® 2014, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects;
'AIA; the AIA Logo. and 'AIA Contract Documenle am registered trademarks and may net be used without permission. This document was produced by AIA 15
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§ 5.3.1 The Owner acknowledges that accelerated, phased or fast -track scheduling provides a benefit, but also carries with
it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of
the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction
Documents, and costs for the Construction Manager to remove and replace previously installed Work. If the Owner
selects accelerated, phased or fast -track scheduling, the Owner agrees to include in the budget for the Project sufficient
contingencies to cover such costs.
§ 5.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The
Owner shall render decisions and approve the Architect's submittals in a. timely manner in order to avoid unreasonable
delay in the orderly and sequential progress of the Architect's services.
§ 5.5 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the
site of the Project, and a written legal description of the site. The surveys and legal information shall include, as
applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands;
adjacent drainage; rights -of- -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other
improvements and trees; and information concerning available utility services and lines, both public and private, above
and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project
benchmark.
§ 5.6 The Owner shall furnish services ofgeotechnical engineers, which may include test borings, test pits, determinations
of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and
resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate
recommendations.
§ 5.7 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1.
§ 5.8 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in
AIA Document E234Tm-2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to
this Agreement.
§ 5.9 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon
the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the
Owner's consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility
of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect
requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall
require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to
the services or work provided.
§ 5.10 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as
structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
§ 5.11 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.
§ 5,12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes
aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of
Service.
§ 5.13 The Owner shall include the Architect in all communications with the Construction Manager that relate to or affect
the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of
any direct communications between the Owner and the Construction Manager otherwise relating to the Project,
Communications by and with the Architect's consultants shall be through the Architect.
§ 5.14 The Owner shall coordinate the Architect's duties and responsibilities set forth in the Agreement between the
Owner and the Construction Manager with the Architect's services set forth in this Agreement. The Owner shall provide
Init. AIA Document B133' - 2ote. Copyright02014, and 2019 by The American Institute of Architects. All rights reserved. The'Americen Institute of Architects;
'AIA; the AIA Logo, and 'AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 16
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the Architect a copy of the executed agreement between the Owner and Construction Manager, including the General
Conditions of the Contract for Construction.
§ 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall
obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress
§ 5.16 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested
information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights.
ARTICLE 6 COST OF THE WORK
§ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of
the Project designed or specified by the Architect and shall include the Construction Manager's general conditions costs,
overhead, and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated
to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the
compensation of the Construction Manager for Preconstruction Phase services; the costs of the land, rights -of -way,
financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.
§ 6.2 The Owner's budget for the Cost ofthe Work is provided in the Initial Information, and shal I be adjusted throughout
the Project as required under Sections 5.3 and 6.4. Evaluations of the Owner's budget for the Cost of the Work represent
the Architect's judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or
negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to
rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the
Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the
Drawings, Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness
in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may
review the Construction Manager's estimates solely for the Architect's guidance in completion of its services, however,
the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between
the Construction Manager's cost estimates and the Architect's cost estimates, the Architect and the Construction Manager
shall work together to reconcile the cost estimates.
§ 6.4 If, prior to the conclusion ofthe Design Development Phase, the Construction Manager's estimate of the Cost of the
Work exceeds the Owner's budget for the Cost of the Work, the Architect, in consultation with the Construction Manager,
shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for tine Cost of the
Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.5 If the Construction Manager's estimate of the Cost of the Work attire conclusion of the Design Development Phase
exceeds the Owner's budget for the Cost of the Work, the Owner shall
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 terminate in accordance with Section 9.5;
,3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality
as required to reduce the Cost of the Work; or
.4 implement any other mutually acceptable alternative.
§ 6.6 If the Owner chooses to proceed under Section 6.5.3, the Architect, without additional compensation, shall
incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner's budget for the
Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section
6.5.1. The Architect's revisions in the Construction Documents Phase shall be the limit of the Architect's responsibility
under this Article 6.
§ 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any
required revisions to the Drawings, Specifications or other documents necessitated by the Construction Manager's
subsequent cost estimates, the Guaranteed Maximum Price proposal, or Control Estimate that exceed the Owner's budget
[nit. AIA Document 8133- - sale. Copyightm2014, and 2019 by The American Institute ofAmhilects.All rights reserved. The 'American Institute of Architects.*
'AIA," the ALA Logo, and 'AIA Contract Documente are registered trademarks and may not be used without permission. This Document was produced by AIA 17
software at I OA3:41 CT on 10/0512022 under Order No.2114280969 which expires on 0112312023, Is not for resale, Is licensed for one -ume use only, and may only
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for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the
kinds and quality of materials, finishes or equipment.
ARTICLE 7 COPYRIGHTS AND LICENSES
§ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the
transmitting party is the copyright owner ofsuch information or has permission from the copyright owner to transmit such
information for its use on the Project.
§ 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners oftheirrespective Instruments
of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved
rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements
or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved
rights of the Architect and the Architect's consultants.
§ 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and
exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner
substantially performs its obligations under this Agreement, including prompt payment of all sums due, pursuant to
Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants
consistent with this Agreement. The license granted under this section permits the Owner to authorize the Construction
Manager, Subcontractors, Sub - subcontractors, and suppliers, as well as the Owner's consultants and separate contractors,
to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section
1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully
terminates thJs Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate.
§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors ofthe Instruments of Service,
the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses.
The Owner, to the extentpermitted by law, further agrees to indemnify and hold harmless the Architect and its consultants
from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third
person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this
Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause
under Section 9.4.
§ 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under
this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein
to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service
shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants.
§ 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this
Agreement.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.1 General
§ 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or
related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding
dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case
not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims
and causes of action not commenced in accordance with this Section 5.1.1.
§ 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each
other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they
may have to the proceeds of such insurance as set forth in AIA Document A201 -2017, General Conditions of the Contract
for Construction. The Owner or the Architect, as appropriate, shall require of the Contraction Manager, contractors,
consultants, agents and employees of any of them, similar waivers in favor of the other parties enumerated herein.
§ 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and
against damages, losses and judgments arising fi-om claims by third parties, including reasonable attorneys' fees and
expenses recoverable underapplicable law, but only to the extent they are caused by the negligent acts or omissions of the
InIL AIA Document B133- — 2atg. Copydght ®2014, and 2019 by The American Institute of Architects. All rights reserved. The `American Institute of Architects;
'AIA.' the AIA Logo, and *AIA Contra ct Documents' are registered trademarks and may not be used without permission. This documenlwas produced by AIA 18
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1 be used In accordance with the AIA Contract Documents -Terms of Service. To report cepyrighl ylolallons, e-mall cepyright@ala.org.
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Architect, its employees and its consultants in the performance of professional services under this Agreement. The
Architect's obligation to indemnify and hold the Owner and the Owner's officers and employees barmless does not
include a duty to defend. The Architect's duty to indemnify the Owner under this Section 8.1.3 shall be limited to the
available proceeds of the insurance coverage required by this Agreement.
§ 8.1.4 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question arising
out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages
due to either party's termination of this Agreement, except as specifically provided in Section 9.7.
§ 8.2 Mediation
§ 8.2.1 Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be subject to
mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising
out of the Architect's services, the Architect may proceed in accordance with applicable lawto comply with the lien notice
or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.
§ 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by
mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration
Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement, A
request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or
entity administering the mediation. The request may be made concurrently with the filing of a complaint or other
appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding
dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing,
unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant
to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later
proceedings.
§ 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
§ 8.2.4Ifthe parties do not resolve a dispute through mediation pulsuantto this Section 8.2, the method of binding dispute
resolution shall be the following:
(Check the appropriate box.)
[ ] Arbitration pursuant to Section 8.3 of this Agreement
[ ] Litigation in a court of competent jurisdiction
[ X ] Other: (Specify)
Mediation
Ifthe Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to
a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.
§ 83 Arbitration
§ 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim,
dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation
shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American
Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this
Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed
with the person or entity administering the arbitration.
§ 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but
in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute
or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes,
Intt. AIA Document a133- -2al9. Copyright02014, and 2019 by The American Institute of Architects. All rights reserved . The "American Institute of Architects;
'AIA; the AIA Logo, and 'AIA Contract Documents' are registered trademarks and may not be used without permission. This documanlwas produced by AIA 19
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receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the
institution of legal or equitable proceedings based on the claim, dispute or other matter in question.
§ 8.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly
consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any court
having jurisdiction thereof.
§ 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
§ 8.3.4 Consolidation or Joinder
§ 8.3,4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other
arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits
consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the
arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
§ 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common
question of law or fact whose presence is required ifcomplete relief is to be accorded in arbitration, provided that the party
sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall
not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent.
§ 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this
Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect
under this Agreement.
§ 8.4 The provisions of this Article 8 shall survive the termination of this Agreement.
ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be
considered substantial nonperfomlance and cause for termination or, at the Architect's option, cause for suspension of
performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven
days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall
have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before
resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the
interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time
schedules shall be equitably adjusted.
§ 92 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such
suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and
resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be
equitably adjusted.
§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect,
the Architect may terminate this Agreement by giving not less than seven days' written notice.
§ 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail
substantially to perform in accordance with the terns of this Agreement through no fault of the patty initiating the
termination.
§ 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the
Owner's convenience and without cause.
§ 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this
Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination,
Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect's
termination of consultant agreements.
toll AIA Document 8133' -2o 19. Copyright02014, and 2019 by The American Institute of Architects. Al rightsreserved. The 'American Institute of Architects;
'AIA; the AIA Logo. and 'AIA Contract Documents' are registered trademarks and may not be used vdthoulpermlssion. This document was produced by AIA 20
software at 10:43:41 CT on 10/05/2022 under Order No.2114280969 which expires on 01/23/21123. Is not for resale, Is licensed for one -time use only, and may only
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§ 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience
pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the
Architect the following fees:
(Set fa9h heron, the amount of any termination or, licensingfee, or the nlelhodfor determining any rernlinallon or
licensingfee.)
.1 Termination Fee:
TBD
.2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service:
TBD
§ 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year firm the date of Substantial
Completion.
§ 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are
set forth in Article 7 and Section 9.7.
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction's
choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal
Arbitration Act shall govern Section 83.
§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017, General Conditions
of the Contract for Construction, except as modified in this Agreement. The term "Contractor" as used in A201 -2017 shall
mean the Construction Manager.
§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives
to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the
other, except thattlie Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees
to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the
Owner prior to the assignment.
§ 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be
submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the
Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such
consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at
least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require
knowledge, services, or responsibilities beyond the scope of this Agreement.
§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a
third party against either the Owner or Architect.
§ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence,
handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the
Project site.
§ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project
among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the
completed Project to make such representations. However, the Architect's materials shall not include the Owner's
confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific
information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the
Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this
Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4.
InIt. AIA Document x133- - zol s. Copyrightm 2014, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects;
'AIA; the ALA Logo. and 'AIAContracl Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 21
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§ 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary,"
the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as
set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement.
§ 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the
other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory
legal process issued by a court or governmental entity, or to Ore extent such information is reasonably necessary for the
receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees,
consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those
employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set
forth in this Section 10.8.
§ 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If
it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that
provision shall be revised to the extent necessary to make tllatprovisiorl legal and enforceable. In such case the Agreement
shall be construed, to the fullest extent permitted by law, to give effect to the patties' intentions and purposes in executing
the Agreement.
ARTICLE 11 COMPENSATION
§ 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows:
Stipulated Sum
(Inser•l amount)
See Payment Schedule in "Exhibit A"
.2 Percentage Basis
(Inser4 percentage value)
See Payment Schedule in "Exhibit A ( ) % of the Owner's budget for the Cost of the Work, as calculated
in accordance with Section 11.6.
.3 Other
(Describe the method ofcon pensalion)
§ 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required
pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows:
(Insert amount of or basis for, compensation. Ifnecessaiy, list speck services to which particular nlelhods of
compensation apply.)
See Payment Schedule in "Exhibit A
§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the
Owner shall compensate the Architect as follows:
(Insert amount of or basis for, compensation.)
See Payment Schedule in "Exhibit A
§ 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in
Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus percent( %), or as follows:
(Insert amount of or basisfor conrpuling, Architect's consultants' cornpelsationfor• Supplemental or Additional
Services)
See Payment Schedule in "Exhibit A
IOIt. AIA Document B133- - zols. Copyright® 2014, and 2019 by The American Institute of Architects. All rights msrerved. The "American Institute of Architects;
'AIA.'the AIA Logo, and -AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 22
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i be used In accordance with the AIA Contract Documents °Terms of service. To report copyright violations, e-mail copyright@aia,arg.
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§ 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of
compensation for each phase of services shall be as follows:
See Payment Schedule in "Exhibit A
Schematic Design Phase
percent (%)
Design Development Phase
percent (%)
Construction Documents Phase
percent (%)
Construction Phase
percent (%)
Total Basic Compensation
one hundred percent (100 %)
The Owner acknowledges that with an accelerated Project delivery, multiple bid package process, or Construction
Manager as constructor project delivery method, the Architect may be providing its services in multiple Phases
simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed in each
Phase of Services, as appropriate.
§ 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic
Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget
for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent
updates to the Owner's budget for the Cost of the Work.
§ 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not
constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those
portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed
whether or not the Construction Phase is commenced.
§ 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below, The rates
shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices.
(Ifapplicable, attach an exhibit ofhom-ly billing rales or insert there below.)
Employee or Category
Rate ($0.00)
Architect — Principal $195 /hr
Architect — Senior Project manager 145/hr
Architect— Project staff $135/hr
Architect — Staff $170 /hr
Landscape Architect — Principal $150 1hr
Landscape Architect— $220 /hr
Engineer— Principal $1651hr
Engineer— Project Manager $140 /hr
Engineer - Staff
§ 11.8 Compensation for Reimbursable Expenses
§ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and
include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows:
.1 Transportation and authorized out -of -town travel and subsistence;
.2 Long distance services, dedicated data and communication services, teleconferences, Project web sites,
and extranets;
.3 Permitting and other fees required by authorities having jurisdiction over the Project;
.4 Printing, reproductions, plots, and standard form documents;
,5 Postage, handling, and delivery;
.6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner;
.7 Renderings, physical models, mock -ups, professional photography, and presentation materials requested
by the Owner or required for the Project;
Init. AIA Document B133- - 2o19. Copyright ® 2014, and 2019 by The American InsUft le of Architects. All nights reserved. The "American Institute of Architects,"
'AIA; the AIA Logo, and "AIA Contract Oowments' ere registered trademarks and may not be used without permission. This document was produced by AIA 23
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.8 If required by the Owner, and with the Owner's prior written approval, the Architect's consultants'
expenses of professional liability insurance dedicated exclusively to this Project, or the expense of
additional insurance coverage or limits in excess of that normally maintained by the Architect's
consultants;
.9 All taxes levied on professional services and on reimbursable expenses;
.10 Site office expenses;
.11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to
achieve the Sustainable Objective; and
.12 Other similar Project-related expenditures.
§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's
consultants plus Ten percent( 10 %) of the expenses incurred.
§ 11.9 Architect's Insurance. If tile types and limits of coverage required in Section 2.6 are in addition to the 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 set forth below:
(Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements sef forth in Section
2.6, andfor which the Owner shall reinrbmse the Architect.)
§ 11.10 Payments to the Architect
§ 11.10.1 Initial Payments
§ 11.10.1.1 An initial payment of N/A ($ N/A ) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the Owner's account in the final invoice.
§ 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of N/A
($ N/A ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying
Authority and necessary to achieve the Sustainability, Certification. The Architect's payments to the Certifying Authority
shall be credited to the Owner's account at the time the expense is incurred.
§ 11.10.2 Progress Payments
§ 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid (30 ) days after the
invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to
time at the principal place of business of the Architect.
(Insert rate of monthly or annual interest agreed upon.)
§ 11.10.2,2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated
damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless
the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.
§ 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and
services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times.
ARTICLE 12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:
(Include other terms and conditions applicable to this Agreement.)
ARTICLE 13 SCOPE OF THE AGREEMENT
§ 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both the Owner and Architect.
Init. AIA Document 13133' -2019. Copyright® 2014, and 2019 by The American Institute of Architects. All righlsreserved. The 'American Institute or Architects,'
.AIA,' the AIA Logo, and 'AIA Cantrect Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 24
software at 10:43:41 CT on 10/0512022 under Order No.2114280969 which expires on 0112312023, Is not far resale, Is licensed for one -the use only, and may only
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§ 13.2 This Agreement is comprised of the following documents identified below:
.1 AIA Document B133T61 2019, Standard Form Agreement Between Owner and Architect, Construction
Manager as Constructor Edition
.2 AIA Document E203IM -2013, Building Information Modeling and Digital Data Exhibit, dated as
indicated below, if completed, or the following:
(Insert the date of the E203 -2013 incorporated into this agreement.)
.3 Exhibits:
(Check the appropriate hoxfor any exhibits incorporated into thisAgreenrent.)
[ ] AIA Document E234Tm-2019, Sustainable Projects Exhibit, Construction Manager as
Constructor Edition dated as indicated below.
(Insert the date of the E234 -2019 incorporated into this agreement.)
[ X ] Other Exhibits incorporated into this Agreement:
(Clearly identify any other exhibits incorporated into this Agreement, including any exhibits
and scopes ofser ,ices identified as exhibits in Section 4.1.2)
Exhibit "A" attached
.4 Other documents:
(List other documents, if any, forming -part oftheAgreement.)
This Agreement entered into as of the day and year first written above.
OWNER (Signatur-e)
(Prinled name and title)
ARCHITECT (Signature)
name, tide, and license number, ifrequired)
InIt. AIA Document 8133' -ao 19. Copyright ® 2014, and 2019 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects;
'AIA,' the AIA Logo, and *AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 25
software at 10:43:41 CT on 10/0512022 under Order No.2114280969 which expires on 0112312023, Is not for resale, Is licensed for one -lime use only, and may only
be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail mpyright@aia.org.
User Notes: (1332507179)
Additions and Deletions Report for
AIA0 Document B 133" — 2019
This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added
to the standard form AIA document In order to complete it, as well as any text the author may have added to or deleted from the original
AIA text. Added text is shown underlined. Deleted text is Indicated wilh a horizontal line through the original AIA text.
Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated Into or constitute any pan
of the associated AIA document. This Addillons and Deletions Report and Its associated document were generated simultaneously by
AIA software at 10:43:41 CT on 1010512022.
PAGE
AGREEMENT made as of the Eighteenth day of October in the year Two Thousand Twenty Two-
City of Owasso
P.O. Box ISO (preferred)
301 W Zed Avenue (Only if a physical address to our building is needed)
Owasso. OK 74055
ATTN• Roger Stevens. Owasso Public Works
Beck Associates Architects, PLLC
110 West 7h, Suite 710
Tulsa OK 74119
Owasso Public Works Office and N
north, N 97'h E Ave(Kngo Rd) alon
south The land area is approximate
storage buildings will be designed or
provided A portion of the civil engi
separate contract
To be determined
PAGE
Broad -based programming established as described in Exhibit A
The land to be developed at the southeast corner N 97th E. Avenue and 1161h St N is an
Additions and Deletions Report for AIA Document 13133' — 2019. Copyright® 2014, and 201g by The American Institute of Architects. All rights reserved. The
'American Institute of Archllects; 'AIA; the AIA Logo, and 'AIA Conlracl Documents' are registered lmdemarxs and may not be used without permission. This 1
document was produced by AIA software at 10:43 :41 CT on 10105/2022 under Order No.2114280969 which explres on 01/23/2023, Is not for resale, is licensed for
one -lime use only, and may only be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail
copydghlQala.org.
User Notes: (1332507179)
equipment circulation Access roads from Mingo and 116th ST N will be included in the design.
PAGE
Total Proiect budget: $11.000.000
N/A
Roger Stevens
Owasso Public Works
P.O Box 180 (pfeferred)
301 W Zed Avenue (Only if a physical address to our building is needed)
Owasso. OK 74055
PAGE
TBD
Additions and Deletions Report for AIA Document 9133' — 2o1 g. Copyright ® 2014, and 2019 by The American Institute of Architects. All rights reserved. The
'American Institute of Architects; ' AIA: the AIA Logo, and "AIA Contract Documents' are registered trademarks and may not be used without permission. This .j
document was produced by AIA software at 10:43:41 CT on 10/05/1022 under Order Ne.2114290999 which expires on 01/23/2023. Is not for resale, is Ilcensed for
one4lme use only, and may only be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mall
copyrlght@ala.org.
User Notes: (1332507179)
Freese and Nichols
3600 NW 1381h Street, Suite 202
Oklahoma City, Oklahoma
73134
Eagle Consultants
P.O. Box 335
Vinita, Oklahoma 74301
Wesley Rutledge, RA, LEED AP, Project Manager
110 West 70', Suite 710
Tulsa, Oklahoma 74119
918.583.5300
PAGE
360 Engineering
1201 E. 31d St
Tulsa, Oklahoma 74120
Alyine Engineering
1001 W. Wilshire Blvd #102
Oklahoma City. OK 73116
Alvin Engineering
1001 W. Wilshire Blvd #102
Oklahoma City, OK 73116
Civil Engineering and Landscape Architecture:
Wallace Engineering
123 N M.L.K Jr. Blvd
Tulsa. OK 74103
Land Surveying:
Geodeca Land Surveying Company
6028 S. 6611, Ave.
Tulsa OK 74145
Geoteclmical Engineer:
Termcon
9522 E 4711, A
Tulsa, 01C 74145
N/A
PAGE
Additions and Deletions Report for AIA Document B133' - zais. Copyright ® 2014, and 2019 by The American Institute of Architects. All rights reserved. The
'American Institute of Architects; 'AIA; the AIA Logo, and WA Contract Documents' are registered trademarks and may not be used without permission. This 3
document was produced by AIA software at 10:43:41 CT on 10/0512022 under Order No.2114280969 which expires an 01/23/2D23, Is not for resale, Is licensed for
one -time use only, and may only be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail
copyright @ala.org.
User Notes: (1332507179)
§ 2.6.1 Commercial General Liability with policy limits of not less than One Million Dollars ($ 1.000.000 ) for each
occurrence and Two Million Dollars ($2,000,000 ) in the aggregate for bodily injury and property damage.
§ 2.6.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy
limits of not less than One Million Dollars ($ 1.000 -000 ) per accident for bodily injury, death of any person, and
property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other
statutorily required automobile coverage.
§ 2.6,5 Employers' Liability with policy limits not less than One Million Dollars ($ 1.000.000 ) each accident, One
Million Dollars ($ 1.000.000 ) each employee, and One Million Dollars ($ 1.000.000 1 policy limit.
§ 2.6.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional
services, with policy limits of not less than Two Million Dollars ($ 2.000.000 ) per claim and Two Million Dollars
($ $2.000.000 in the aggregate.
PAGE 13
4.1.1.1 Assistance with Selection of Construction Manager
Owner
4.1.1.2 Programming
Architectl0wner
4.1.1.3 Multiple PreliminarDesigns
Architect
4.1.1.4 Measured drawings
Architect
4.1.1.5 Existing facilities surveys
Architect
4.1.1.6 Site evaluation and planning
Architect
4.1.1.7 Building Information Model management responsibilities
NIA
§ 4.1.1.8 Development of Building Information Models for post
NIA
construction use
4.1.1.9 Civil engineering
Architect I Owner
4,1.1.10 Landscape design
Architect
4,1.1.11 Architectural interior design
Architec
4.1,1.12 Value analysis
NIA
4.1.1.13 Cost estimating
NIA
4.1.1.14 On -site project representation
NIA
4.1.1.15 Conformed documents for construction
Architect
4.1.1.16 As-designed record drawings
NIA
4.1.1.17 As- constructed record drawings
N/A
4.1.1.18 Post-occupancy evaluation
NIA
4.1.1.19 Facility support services
NIA
4.1.1.20 Tenant - related services
NIA
4.1.1.21 Architect's coordination of the Owner's consultants
Architect/ Owner
4.1.1.22 Telecommunications/data design
Architect (building infrastructure onlyl
4.1.1.23 Security evaluation and planning
Architect (building infrastructure only
VAN CommissioningNIA
4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3
NIA
4.1,1.26 Historic preservation
L/A
4.1.1,27 Furniture furnishings, and equipment desi n
NIA
4,1.1,28 Other services provided by specialty Consultants
Survey, geotechnical engineering
Additions and Deletions Report for AIA Document 9133' - 2oi 9. Copyright ® 2014, and 2019 by The American Institute of Architects. All rights reserved. The
- American Institute of Archltects; 'AIA; the AIA Logo, and 'ALA Contract Documents' are registered trademarks and may not be used without permission. This 4
document was produced by AIA software at 10:43:41 CT an 1010512022 under Order No.2114260969 which expires on 01/23/2023, Is not for resale, is licensed for
one -ume use only, and may only be used In accordance with the AIA Contract Documents ®Terms of Service. To report copyright vlolauons, e-mail
copyright@ala.org.
User Notes: (1332507179)
Beck Design will provide consulting professionals to provide land survey, geotechnical engineering landscape
PAGE 14
PAGE15
.1 ( L) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the
Construction Manager
.2 ( Bi -week! y visits to the site by the Architect during construction
.3 ( -) inspections for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents
.4 (,1) inspections for any portion of the Work to determine final completion
§ 4.2.5 If the services covered by this Agreement have not been completed within ( 1) months of the date of this
Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be
compensated as Additional Services.
PAGE19
Other: (Spec)
Mediation
PAGE 21
TBD
TBD
PAGE 22
See Payment Schedule in "Exhibit A"
See Payment Schedule in "Exhibit A ( ) % of the Owner's budget for the Cost of the Work, as
calculated in accordance with Section 11.6,
See Payment Schedule in "Exhibit A
See Payment Schedule in "Exhibit A
Additions and Deletions Report for AIA Document B133- - 2o/ s. Copydghl ® 2014, and 2019 by The American Institute of Architects. All rights reserved. The
'Amefican Institute of Architects,"'AIA,' the AIA Loge, and'AIA Contract Documents' are registered trademarks and may not be used without permission. This 5
document was produced by AIA software at 10:43:41 CT on 10/05/2022 under Order No.2114280969 which expires on 01123(2023, Is not for msale, is licensed for
one -Ilme use only, and may only be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail
copyrighQale.org.
User Notes: (1332507179)
See Payment. Schedule in "Exhibit A
PAGE 23
See Payment Schedule in "Exhibit A
Architect— Principal 1951hr
Architect— SeniorProiectmanager 145 /hr
Architect —Project staff $135/h
Architect — Staff 170/hr
Landscape Architect — Principal 50/hr
Landscape Architect — 220 /hr
Engineer — Principal 1651hr
Engineer— Pmiect Manager 140/hr
Engineer - Staff
PAGE 24
§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect's consultants plus Ten percent ( 10 %) of the expenses incurred.
§ 11.10.1.1 An initial payment of N/A ($ N/A ) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the Owner's account in the final invoice.
§ 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of
N/A ($ VA ) shall be made upon execution of this Agreement for registration fees and other fees payable to the
Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments to the
Certifying Authority shall be credited to the Owner's account at the time the expense is incurred.
§ 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services
performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid (330) days
after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing
from time to time at the principal place of business of the Architect.
PAGE 26
[ XI Other Exhibits incorporated into this Agreement:
Exhibit "A" attached
Additions and Deletions Report for AIA Document ]3133' - 2o1 s. Copydghl® 2014, and 2019 by The American Institute of Architects. All rights reserved, The
'American Institute of Archlrects, 'AIA; the AIA Logo, and "AIA Contract Documents' are registered trademarks and may not be used without permission. This 6
document was produced by AIA softwam at 10:43:41 CT on 10/0512022 under Order No.2114280969 which expires on 0112312023, is not for resale, Is licensed for
one -lime use only, and may only be used In accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail
copyrlghl ®ala,org.
User Notes: (1332507179)
Certification of Document's Authenticity
AIA® Document
I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document
simultaneously with its associated Additions and Deletions Repoli and this certification at 10:43:41 CTon 10/05/2022
under Order No. 2114280969 from AIA Contract Documents software and that in preparing the attached final
document I made no changes to the original text of AIA® Document B I33TA/ -2019, Standard Form of Agreement
Between Owner and Architect, Construction Manager as Constructor Edition, as published by the AIA in its software,
other than those additions and deletions shown in the associated Additions and Deletions Report.
(Signed)
AIA Document D401- - 2aa3. Copyrights) 1992 and 2903 by The American Institute at Architects. All rights reserved. The'American Institute of Amhltecls;
'AIA; the ALA Logo, and "AIA Contract Dacuments' are registered trademarks and may not be used without permission. This document was produced by AIA
software at 10:43:41 CT on 10105/2022 under Order No.2114280969 which expires on 01123/2023, Is not for resale, is licensed for one -time use only, and may only
be used In accordance with the AIA Contract Documents* Terms of service. To report copyright violations, a -mall copydghl@ala.org.
User Notes: (1332507179)
beck
D E 5 1 G N
NEW YORK
304 Pa kAvenue South. 7° Floor
New Yma, New Y.M 10010
917.522.1703
OKLAHOMA CITY
131 Dean A. McGee, Suite 135
Oklahoma City, Oklahoma 73102
405.232.7007
TULSA
110 West Ah Sued , Suite 710
Tulsa, Oklahoma 74119
919.583.5300
EXHIBIT "A"
October 18, 2022
Roger Stevens, Public Works Director, City of Owasso
301 West 2nd Avenue
Owasso, Oklahoma 74055
RE: Proposal to provide architectural services for new Public Works Maintenance Facility.
PROJECT UNDERSTANDING
Beck will work with the City of Owasso and the assigned Construction Manager to
develop portions of the land at the southeast corner N. 97th E. Avenue and 116th St. N,
an approximately 63 acre site. The Beck team along with the City of Owasso
representatives will design approximately 16,000 SF Public Works office space,
approximately 18,000 SF of fleet maintenance and field offices, And an approximately
14,000 SF Field Operations Building. In additions around 20,000SF of unconditioned,
covered or enclosed storage for salt, sand, gravel and equipment will be provided. The
surrounding site will be lay area for materials and equipment. Parking for staff and
visitors will be provided and access drives planned for ease of equipment circulation.
Access roads from Mingo and 116th ST N will be included in the design
Beck Design will obtain the property survey and geotechnical report; the costs of each
are included within this proposal.
Services performed will be consistent with AIA Contract B101 -2017
SCOPE OF SERVICES
• Basic Services: Architectural Services, Structural Engineering, Mechanical,
Electrical, Plumbing, Fire Protection Engineering
• Landscape Architecture
• Site Survey
• Geotechnical Services
• Civil Engineering
• Fixtures, Furniture and Equipment selection
Programming and Site Master Planning (2 weeks)
Beck will have an initial meeting with the City to define the project program and
parameters, develop schematic floor plan, site plan, and exterior renderings for the
Public Works and Maintenance Facility for review and approval. Beck will work with the
Design Team, CMAR and the City representatives to develop a preliminary design
strategy for the entire property, including general building locations, vehicular circulation,
street access, utilities and drainage.
Schematic Design (7 weeks)
Beck will have an initial meeting with the City to define the project program and
parameters, develop schematic floor plan, site plan, and exterior renderings for the
Public Works Maintenance Facility for review and approval
beck
D E S I G N
NEW YORK
304 Park Aven.o SmAh, r How
New Y.,K New Yank 10010
917.522,1703
OKLAHOMACRY
131 coon A. M.Oe., Suit. 135
Oklahoma City, Oklahoma 73102
405.232.7007
TULSA
110 W..t7th S9eel, Sufi. 718
Tulsa, Oklahoma 74119
918.583.5388
EXHIBIT "Aif
Design Development (9 weeks)
Beck will work to refine the schematic design and finalize the building floor plan, site plan
interior and exterior design, material selections. Beck will meet with the City at the 50%
completion mark of this phase and at the 95% mark to present the design and finishes.
Beck will confirm final design decisions with the City prior to beginning the Construction
Document Phase.
Construction Documents (20 weeks)
With the final design approval from the City, Architect will generate construction
documents for bidding.
Construction Documents will include the following:
• Civil Engineering drawings
• Architectural drawings
• Structural drawings
• Mechanical, Electrical, Plumbing Drawings
• Fire Protection Drawings for general scoping only. Final Fire Protection Design
is delegated to the successful bidder
• IT /COMM /Data /Security infrastructure drawings. Locations for devices will be
indicated as coordinated with the City. All end -use
• Building Sections
• Miscellaneous Details
The Architect will facilitate a 50% and 95% Construction Document review with the
Owner and CMAR and make adjustments to the documents accordingly.
Bidding I Permitting (3 weeks)
The Architect shall assist the Owner with submitting drawings to governmental
authorities having jurisdiction over the Project. Architect will answer requests for
clarification from bidders and issue addenda as required. Additional Bidding or
Permitting Services will be available as required and requested by the Owner at current
hourly rates.
Construction Administration (14 months assumed)
Architect will attend Owner /ArchitectlContractor meetings every two weeks. Architect
will review contractor submittals, answer requests for information and review pay
applications for the owner's approval. Fourteen (14) month construction duration
expected
ASSUMPTIONS
The Owner will provide the following information:
• Project Budget
• Contact information for the Public Works design team
• Test for hazardous materials as required. The Architect shall have no
responsibility for the discovery, presence, handling, removal or disposal of, or
exposure of persons to, hazardous material or toxic substances in any form at
the Project site.
beck
NEW YORK
304 Park Avenuo South. 7- Float
New Yo k. Now York 10010
917.522.1703
OKLAHOMACITY
131002" A. McGee, S.R. 135
Oklahoma City, Oklahoma 73102
405.232.7007
TULSA
110 West 7th Street, Suite 710
Tulsa. OMaloma 74119
918.593.5399
EXHIBIT 11 if
EXCLUSIONS
• Procurement Services
• LEED Documentation
• Commissioning of Systems
• Value Engineering
• Bidding I Permitting and Construction Administration Services other than those
listed above
DELIVERABLES
Contract Documents (Drawings and Specifications)
(1) pdf signed and sealed set
A hard copy set is available upon request for any deliverable.
SCHEDULE AND COMPENSATION
Basic Services:
$632,000
Architectural, Structural, Mechanical, Electrical Plumbing, IT
2 weeks
Infrastructure, Fire Protection Engineering
2%
Additional Services:
$143,550
Civil Engineering, Geotechnical Report, Landscape Architecture,
15%
Survey
9 weeks
Reimbursable Expenses. (Estimated) Travel, lodging, printing, etc
$12,000
Fixtures Furniture and Equipment Selection Services
$24,000
TOTAL
$811,550.00
Programming
2 weeks
$14,590.00
2%
Schematic Design
Includes Geotech and survey)
7 weeks
$154,975.00
15%
Design Development
9 weeks
$145,900.00
20%
Construction Documents
20 weeks
$277,210.00
38%
Bidding
3 weeks
$36,475.00
5%
Construction Administration
14 months
$169,900.00
20%
(includes FFE)
Reimbursable Expenses.
(Estimated) Travel, lodging,
printing, etc
As required
$12,000
TOTAL
$811,050.00
beck
D E S I G N
NEW YORK
304 Park Avenue South, 7" Floor
Now York, New York 10010
917.522.1703
OKLAHOMACITY
131 Dean A McGee, Suite 135
Oklahoma City, Oklahoma 73102
405.232.7007
TULSA
110 West 7th Street, Suite 710
Tuise,ONahoma74119
918.583.5300
EXHIBIT "Air
Additional Services
If Additional Services beyond the stated scope become necessary and a scope of work
can be clearly defined, a fixed fee will be submitted for approval. In the event a scope of
work is undefined, following Owner approval, the work will be invoiced on an hourly
basis,
Reimbursable Expenses
Reimbursable expenses incurred by Beck Design and our consultants will be billed at a
multiple of 1.10 times the expense and will include the following:
• Transportation to the project site and authorized out -of -town travel in connection
with the Project.
• Expense of reproductions, plots, courier and shipping fees, handling and delivery
of Instruments of Service.
• Models, mock -ups, professional photography, and presentation materials
prepared for and requested by the Owner.
• Fees paid for securing approval of Authorities Having Jurisdiction over the
Project.
Completed services will be billed monthly and are due and payable within 30 days of
invoice date.
If the above is acceptable please sign and date below for commencement of services.
We look forward to working with the City of Owasso on this project. Thank you for the
opportunity.
If you have any questions, please contact me.
Sincerely,
Wesley Rutledge, RA, LEED AP I Beck Design.
TO: The Honorable Mayor and City Council
FROM: Juliann M. Stevens
City Clerk
SUBJECT: Ward 3 and Ward 4 City Council Election
DATE: October 7, 2022
BACKGROUND:
Pursuant to the provisions of the Owasso City Charter, governing the election of City Council
members, "the City Council shall take action by Resolution to call any necessary Ward
Elections." In 2023, such election is required for Ward 3 and Ward 4 for a three -year term.
In 2015, statutory requirements for elections conducted by the County Election Boards were
amended. The City of Owasso utilizes the Tulsa County Election Board to facilitate City elections;
therefore, City elections are affected by those changes and create conflict with provisions
contained in the City's Charter regarding election dates. Resolutions not conforming to the
statutory requirements will not be accepted, nor will the election be conducted by the County
Election Board.
A resolution calling the Ward 3 and Ward 4 election must be submitted to the Election Board by
November 18, 2022. All registered voters residing within the Owasso City limits may vote in the
election, regardless of the Council Ward in which they reside.
ELECTION DETAILS:
• The primary election will be held on Tuesday, February 14, 2023.
• Should one of the candidates not receive the majority of all votes cast for the particular
word, a general election will be held.
• The general election, if necessary; will be held on Tuesday, April 4, 2023.
FILING PERIOD FOR INTERESTED CANDIDATES:
The filing period for interested candidates will be December 5, 6, and 7, 2022, between
the hours of 8:00 a.m. and 5:00 p.m.
• Registered voters who reside within the ward shall be qualified to hold the office of City
Council Member for that ward.
Interested candidates must file a notarized Declaration of Candidacy form with the Tulsa
County Election Board.
FUTURE ACTION:
Staff has placed an item on the October 11, 2022, City Council Worksession agenda for
discussion.