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RES NO 07-04-2024 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.Q - 2024 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT TO UPDATE THE PARKS AND RECREATION MASTER PLAN. WHEREAS, the City of Van Buren, Arkansas desires to update the parks and recreation master plan, and in order to commence the project the City is in need of professional services for the development of plans and designs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Mayor is authorized to enter into a contract (Exhibit "A") with MAHG Architecture, to provide professional planning and architecture services for the planning and design of an updated parks and recreation master plan. Payment for such services and reimbursable expenses shall not exceed$53,780.00. IN WITNESS WHEREOF, the City pf Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 15-for and against,the foregoing Resolution at its regular meeting held on the 22"d day of July 2024. G�erk Trod C� 00— City of Van Buren Josep L Hu st Mayor n a� ATTESTED: d ��ryCounty. APPROVED AS TO FORM: Cl� Shawnna Reynolds cob Ho Y City Clerk/Treasurer City Attorney JJ Jam'J�s v sly``tLj�IrO` i 1 i I`'I��1i1111111'�1l\1�S W. ..Al A JL-tl Document 81020 - 2017 re rh Standard Form of Agreement Between Owner and Architect without a P de I ed Scope ofArchited's.Services AGREEMENT made as of the .1 Iday of JulyArttheyear2am. ar-�.lndj&�e da%,?# -iindyOgt& o ADDITION$AND DELETIONS: BETWEEN the.AtchfteeVs.effent idehti&d.q§the Civnier.- Thef-author of this:docurrient has added.infbrrnatf6n needed for its :{,Name;1egntstdlta;addies�!44 6iheir&'f'or'A'iafio i) cornpidtion.The author may alsa have revised the.texterifthe original City of Van Buren AlA,standard form.An Additicris,,and. -1.665 Bro9dWdyS##, Deletion;Report that notes added Van:Buren.Arkansg 72950 informailon,as well,as reVisionsto the standard forrR text is available from theau Ithor I and s.hquld.lie:revieWe d..A vertical line in'the.left hiar§11h ofthis, and theArcliRect: docurnentindicates where the,author WaOle,,Iegat status,dddressa7idother-iifon7jatioti) has added necessar-y information and where the-author hdia.1cided to or Aeleteldfrorn the original AIA text. 6400"Ril 6y. *Park,16iiV-e This dbcvment;has Important legal FortSmith,Arkansas 719.16, -COnseVOnCes.Cdn§ultation With an attomeyisre.n.couragedwith respect to!it cohiplefibr.,or rhodi8ca.0on. tozg$liffic Projece-)- 1J)PCs qfseryt,�qs,JocaHo)1Xfdtj7j'jjcs,orotherdescriptive ir1f077nWibn'6j appropilate) Van,Buren. Parks.-Master;PlanUpdate as f6.11oWs. AL�qo4pipdntBI02-20,17.,C6pydgbtCl9l7,1926,,1948,�1951,1953,1958,.lsi3t,1*963.1866,1967,100,1D74,1911,4987,1997,kWand2017, Init. reserved.,:T.h.a American Institute ol"Architects,7Ame0caalr%tilut�i 11fil e0ts e'AIA'Logo.-And'AIACdiitriictDc-cuments are trademarks of Ameh6afi Jnstituto:bf Arc ifiicis.This-d6cument was produced at 16:29:37 ETen.0.7717,12624 under Order Nb.21:14,420' 539 which explres)arf 08/02/2024;is'not for resale,is,tildensiWfor.'b�ni�flrriei use r.o�[,a*n*d-inay..jonly,'beu!�ii�dinaccbr6rice.W6itherAlA Contract DocumeRtszTerrns.of Service.j—oTepprt.copyrightviolations, e-mail dacin1Q@alaqontraC(s:com. User.Wdtbs, (1061194680) TABLE OF ARTICLES 1 ARCHITECT'S RESPONSIBILITIES 2 OWNER'S RESPONSIBILITIES 3 COPYRIGHTS AND LICENSES . E 4 CLAIMS AND DISPUTES 5 TERMINATION OR SUSPENSION 6 COMPENSATION f 7 MISCELLANEOUS PROVISIONS 8 SPECIAL TERMS AND CONDITIONS 9 SCOPE OF THE AGREEMENT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES r § 1.1 The Architect shall provide the following professional services: (Describe the scope.of the Architect's services or identify an exhibit or scope ofservices document setting forth the Architect's services and incorporated into this document in Section 9.2.) SeeAttached Fee Worksheet—Exhibit"A" § 1.1.1 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. § 1.27he 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. § 1.3 The Architect identifies the following representative authorized to act on behalf of the.Architect with respect to the.Projecf. (List name,address,and other contact information) Galen Hunter,AIA MAHG Architecture,Inc. 6400 Riley Park'Drive Fort Smith,AR 72916 § 1 A 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. § 1.5 The Architect shall maintain the following insurance until termination of this Agreement.If any of the requimments.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 6.2.3. I § 1.5.1 Commercial General Liability with policy limits of not less than One Million Dollars ($1,000,000 )for each occurrence and Two Million Dollars ($2,000,000)in the aggregate for bodily injury and property damage. unit. AIA Document B102—2017.Copyright 01917,1926,1948,1951.1953,1958,1961,1963,19BO,1967,1970,1974,1977.1987,1997,2007 and 2017.All rights reserved.'The American Institute of Architects,""American Institute of Architects;"AIA,"the AIA Logo,and"AIA Contract Documents!are trademarks of The 2 American Institute of Architects.This document was produced at 16:29:37 ET on 07117/2024 under Order No.2114420539 which expires on 0810212024,Is not for t resale,Is goensed for one-time use only,and may only be used In accordance with the AIA Contract Documentsm Terms of Service.To report copyright violations, e-mail docinfo@alacontracts.com. User Notes: (1953194580) § 1.5.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy Iimits of not less than One Million Dollars ($ 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 sfatittorily,required automobile coverage. § 1.53 The Architect may achieve the required limits and coverage for Commercial General Liability andAutomobile 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 1.5.1 and 1.5.2,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. § 1.5.4 Workers'Compensation at statutory limits. l § 1.5.SEmployers'Liability with policy limits not less than One Million Dollars ($1,000,000 )each accident, One II Million Dollars ($1,000;000 )each employee,and One Million Dollars ($ I,000,000 )policy limit. § 1.5.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services with policy limits of not less than Two Million Dollars ($2,000,000 )per claim and Four Million Dollars ($ 4,000,000 )in the aggregate. § 1.5.7 Addltlonal Insured ObIlgatlans.if requested by the Owner,to the fullest extent permitted bylaw,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 parf by 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.shali apply to both ongoing and completed operations. § 1.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 1.5. ARTICLE 2 OWNER'S RESPONSIBILITIES § 2.1 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. § 2.2 The Owner identifies the-following representative authorized to act on the Owner's behalfwith 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. (List name,address,and other contact information.) Joe Hurst,Mayor City of Van Buren 1003 Broadway Street,0103 Van Buren,AR 72956 § 2.3 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. § 2.4 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. ln[t. AIA Document B102-2017.Copyright©1917,1926.1948,1951,1953,1958,1961,1963.1966,1967,1970,1974,1977,19a7.1997.2007 and 2017.All rights reserved.-Me American Institute orArchitects,'American Institute of Architects"AlA'the AIA Logo,and'AIA Contract Dacumenw are trademarks cf The a American Institute of Architects.This document was produced at 16:29.37 ET on 07117I2024 under Order No.2114420539 which expires on 08/0212024,is not for t resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violailons, a-mall docinfo@aiacontracts.com. User Notes: (1953184580) § 2.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. § 2.6 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 3 COPYRIGHTS AND LICENSES § 11'The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit 1 such information for its use on the.Project. § 3.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved rights,including copyrights.Submission or distribution of Instruments of Service to meet official regdlatory 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. §.3.3 The Architect grants.to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and ; exclusively for the purposes of evaluating,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 5 and Article 6.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement.The license granted under this section permits the Owner to authorize the Contractor,Subcontractors,Sub-subcontractors,and suppliers,as well as the Owner's consultants and separate contractors,to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project.If the Architect rightfully terminates this Agreement for cause as provided in Section•5.4,the license granted in this Section 3.3 shall terminate. § 3.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service,the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising from such uses.The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 3.3.1.The terms of this Section 3.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 5.4. § 3AExcept for-the licenses.granted in this Article 3,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 anotherparty without the prior written agreement of the Architect.Any unauthorized use of the Instruments of Service shall he at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 3.5 Except as otherwise stated in Section 3.3,the provisions of this Article 3 shall survive the termination of this Agreement. ARTICLE 4 CLAIMS AND DISPUTES § 4.1 General § 4.1.1 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 21I claims and causes of action not commenced in accordance with this Section 4.1.1. §,4.1:2 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 contractors,consultants, agents,and employees of any of them,similar waivers in favor of the other parties enumerated herein. Init. AIA Document 8102-2017.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977,1987,1997,2007 and 2017.AD rights reserved."The American Institute of Architects;American Institute of Architects;AIA,'the AIA Logo,and WA Contract Documents'are irademarks of The � American Institute of Architects.This document was produced at 16:29.37 ET on 07/1712024 under Order No2114420539 which expires on 08/02/2024.Is not for 1 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-mail docEnfo@alacontracIs.com. User Notes: (1953194580) l § 4.1.3 The Architect and Owner waive consequential damages for claims,disputes,or other matters in question, arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages.due to either party's termination of this Agreement,except as specifically provided in Section 5.7. § 4.2 Medlatlon § 4.2.1 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 ofthe Architect's services,the Architect mayproceed in accordance with applicable law to complywith the Lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 4.2.2 The Owner anti 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 ofthis 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 b0 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) *arid agree upon a schedule for later proceedings. ,§ 4.2.3 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-Iocated,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 4.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 4.2,the method of binding dispute resolution shall be the following; (Check the approprfatw ox). [ ] Arbitration pursuant to Section 4.3 of this Agreement [X ] Litigation in a court of.competent jurisdiction [ ] Other(Spec) If the,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. § 4.3 Arbitration §,4.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement,any claim,dispute or othermatter 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. § 4.3.1.1 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(imitations.For statute of limitations purposes,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. Intt. AIA Document B102—2017.Copyright 01917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974.1977.1987.1997,2007 and 2017.All rights reserved.`The American Institute of Architects,'"American Institute of Architeds,'AIA,'the AIA Logo,and"AIA Contract Documents`are trademarks of The 5 American Institute of Architects.This document was produced at 16:29:37 ET an 07/1712024 under order No.2114420539 which expires on 0810212024,Is not for I 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 copyrightvlolatlons, e-mail eocinfo@aiacontracts.com. User Notes: (1953194580) § 4.3.2 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. § 4.3.3 The award rendered by the arbitrator(s)shall be final,and judgment maybe entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 4.3.4 Consolidation or Joinder § 4.3.4.1 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). § 4.3.4.2 Either party,at its sole discretion,may include by joinder persons or entities substantially involved in a common question of law or.fact whose presence is required if complete relief is to be accorded in arbitration,provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an additional person or entity shall norconstitute consent to arbitration of any claim,dispute or other matter in question not described in the written consent. § 4.3A.3 The Owner-and Architect grant to any person or entity made a party to an arbitration conducted under this Section 4.3,whether by joinder or consolidation,the same rights of joinder and consolidation as the Owner and Architect under this Agreement. § 4.4 The provisions of this Article 4 shall survive the termination of this Agreement. ARTICLE 5 TERMINATION OR SUSPENSION § 5.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no.liability to the Owner for delay or damage caused 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. § 5.2-If the Owner.suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 53 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. § 5.4 Either party may terminate this Agreement upon not less than seven days'written notice should the other party ,fail substantially to perform in accordance with the terms of this Agreement through no fault ofthe party initiating the termination. § 5.5 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. § 5.6 If the Owner terminates this Agreement for its convenience pursuant to Section 5.5,or the Architect terminates this Agreement pursuant to Section 5.3,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. WitALA Document B102--2017.Copyright®1917,1926,1948,1951,1953,1958,1961.1983,1966,1967,1970,1974,197T,1987,1997.2007 and 2017.Ali rights reserved.'the American Institute of Architects;'American Institute of Archilects,•'AIV the AIA Logo,and'AlA Contract Documents'are trademarks of The 6 American Institute of Architects.This documentwas produced at 1619:37 ET on 0711712024 under order No.2114420539 which expires on 0810212024,is not for 1 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 rmpyrightviolations, email docirtfo@alacontracts.com. User Notes: (1953194580) § 5.7 In addition to any amounts paid under Section 5.6,if the Owner terminates this Agreement for its convenience pursuant to Section 5.5,or the Architect terminates this Agreement pursuant to Section 5.3,the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensingfee,or the method for determining any termination or licensingfee.) .I Termination Fee: To be negotiated,if required .2 Licensing Fee,if the Owner intends to continue using the Architect's Instruments of Service: I To be negotiated,if required § 5.8 Except as otherwise expressly provided herein,this Agreement shall terminate (Check the appropriate box) I [X ] One.ycar from the date of commencement of the Architect's services [ ] One year from the date of Substantial Completion [ ] Other (Insert another termination date or refer to a termination provision in an attached document or scope Of service.) If the Owner and Architect do not select a termination date,this Agreement shall terminate one year from the date of commencement of the Architect's services. § 5.9 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 3 and Section 5.7. ARTICLE 6 COMPENSATION § 6.1 The Owner shall compensate the Architect as set forth below for services described in Section 1.1,or in the attached exhibit or scope document incorporated into this Agreement in Section 9.2. (Insert amount of,or basis for,compensation or indicate the exhibit or scope document in which compensation is provided for.) A•stipulated sum of$53,780.00 to be billed monthly,base on completion of tasks outlined in Exhibit'W. § 6.2 Compensation for Reimbursable Expenses § 6.2.1 Reimbursable Expenses are in addition to compensation set forth in Section 6.1 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 extrancts; .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; .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; lntt. AIA Document B102-2017.Copyright 01917,1926,1948,1951,1953,1958.1961,1963,1966,1967,1970.1974,1977,1987,1997.2007 and 2017.Ali rights reserved.'The American Institute of Architects.American Institute of Architects;"AIA,"the AM Logo,and ATA Contmct Documents'are trademarks of The 7 American institute of Architects.This document was produced at 16;29:37 ET on 07/1712024 under Order No.2114420539 which expires on 0810212024,3s not for !• resale,is licensed for one-time use only,and may orgy be used in accordance with the ATA Contract Documentsm Terms of service.To report copyright violations, e-malt docinfo@aiacontracts.com. (1953194580) User Notes: .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. § 6.2.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus zero percent(0 %)of the expenses incurred. i ' § 6.2.3 ArchlteeVs Insurance.If the types and limits ofcoverage required in Section 1.5 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.forthe additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements setforth in Section 7.5,and for which the Owner shall reimburse the Architect.) i -N/A § 6.3 Payments to the Architect § 6.3.1 Initial Payments j § 6.11.1 An initial payment of Zero ($0 )shall be made upon execution of this Agreement and is the minimum I payment-under this Agreement.It shall be credited to the Owner's account in the final invoice. § 6;3,2 Progress Payments §;6.3.2.1 Unless otherMse 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 ninety (90 )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.) § 6.3.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated i 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. § 6.3.2.3 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 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 4.3. § 7.2 Except as separately defined herein,terms in this Agreement shall have the same meaning as those in AIA Doeument:AMIT --2017,General Conditions of the Contract for Construction. § 7.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.Neither the Owner nor the Archtect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement,including any payments due to the Architect by the Owner prior to the assignment. § 7A The parties shall agree upon protocols governing the transmission and use ofInstruments of Service or any other information or documentation in digital form.The parties will use AIA Document E203Tm--2013,Building Information Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and exchange of digital data. Init, AtA Document B102—2017.Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977,1987,1997,2007 and 2017.Ali rights reserved."The American Institute of Archltects,'American Institute of Architects;AIA,`the AIA Logo,and`AIA Contract Documents'are trademarks of The 8 American Institute of Architects.This document was produced at 16:29:37 ET on 07117/2024 under order No.2114420539 which expires on 0810212024,is not for 1 resale,Is licensed for one-tine use only,and may only be used In accordance with the AIA Contract Documents®Terms of Service.To report copyright vlotadons, e-mail docinfo@aiacontracts.com. User Notes: (1953194580) § 7A.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 and without having those protocols set forth in ALA Document E2031*"L20I3,Building Information Modeling and Digital Data Exhibit,and the requisite AIA-Document G202TM 2013,Project Building Information Modeling Protocol Form,shall be at the using or relying party'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 employees.a ents and g § 7.5 If the Owner requests the Architect to execute certificates,the proposed lamguaga of such certificates ficates 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. § 7.6 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. § 7.7 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. § 7.8 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 7.8 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 5A. § 72 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 asset forth in Section 7.9.1.This Section 7.9 shall survive the termination of this Agreement. § 7.9.1 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 the 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 7.9. § 7A0 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 that provision legal and enforceable.In such case the Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties'intentions andpurposes in exeeuting'the Agreement. ARTICLE 8 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 9 SCOPE OF THE AGREEMENT § 9.1 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 B102-2017.Copyright©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977,1987,1997,2007 and 2017.All rights reserved."the American Institute of Architects,'"American Institute of Architects;AIA.'the AIA Logo,and AIA Contract Documents'are trademarks of The 9 American Institute of Architects.This document was produced at 16:29:37 Er on 07/17/2024 under Order No.2114420539 which expires on 08/0212024,Is not for ! resale,is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documents°Term of Service.To report copyright violations, e-mail docinfo@alaoontracts.com. User Notes: (1953194580) §9.2 This Agreementi'.comprised of the felfowing documents identified berctw`. {{ 1 AI TA.Documei t`BI:Q??4-20i 7;5tandard''Fotm Agreement Between Owner and Architect, I, (Paragrapfs deleted) 2: Other dcci4 nents; (Listolherdou ents.inclrzdlrzgthrchitgcisscea, v u ryincorp�rated into r l tlse greementj This Agreement entered into,as ofthe day nndygar Argt written above. OWNER-CITY OF VAIN BUI .W AROHITEC -MAR G TECTURE,INC. ?1NN lSi hire) ARQHrT iglzature) he:Hutst;Mayor. Oaten hunter President O'Knted-�ama and title) (Printed name;.title,and license number,if required) AtA t3octsment M02—.20.17.Copyright01917.1926.1M� 195't,1951.tn58,titiBT,t$ii3,185& 1987,t870.1974.T977,t98T.1997,2007 and-2017.All rights r2se�Ved.. to American Institute of Archdacm,'"American tnS KfftaafRictiN iis, 1t1A;the Logo,end"ACA Contract DouirpanEs ar trademarks`of The Amedcart Institute arArchhects.This document was.ptcauced at'16:29:37 EY i;t.1711712024 tattler Order Na2114420539 which expires on,081OZt2024,is not for F, resate,}sl3ceaisei3loione•Haire:asaoniy,andtnayontytseu'sedin�cmrdence-viirilh AlkGaniraat.Daciyments 7etYtssafServimTompdrtcopyn`ghtviolatfons. e-mal doanfo@atacanVaets.com. riser Motes: {4953194580k VAN BUREN PARKS EXHI BIT 'A" MASTER PLAN UPDATE Fee Worksheet .DULY'15,2024 VAN BUREN PARKS MASTER PLAN UPDATE-FEE WORKSHEET BASIC. %�vg— I rE j �r , ` ' R0M N I "61a I QRY11 , Fw' A T !1� T ESTIMATED HOURS Task:t;Kick Off Meeting#1 Task I.A. Review.201.5 Master Planwi(l),Committee W&57,75 Task 1 2 What has been accomplished 2015-2024 WE& UXafi � Task DiscussAesibed,outcome of Master Plan update Task A-4, Review Proposed Process` ............. Task 1.5 Assign Inventory Update Responsibilities WMAOIN Task I:At Meeting Prep -0 w rLHI 0W W,X SV�%�a W.Sj wmw r.0,20GArKWO Q I Task.2. Existing Inventory Analysis Task Z,,-j Corn te e pile Upda d I,hv ntoty Q- .0"v rn,,,,-, Task Z2. Update inventory Matrix df,Ekistihg Park$, Task 23 Update individual park analysis- WNWWRIA -10,11L W11191 00`141 Task 2.4. Develop Matrix o Non-City-!Owned Recreation Facilities MARA 0,f Come 0 yo, RIM', Task 2.6 Analysis of Non-City:Owned Recreation Facilities Ell,WMARV-0190MIK 0=110 Task 3: Inventory Analysis Meeting#2 o -0V Task'3J Review Inventory and Analysis of,City�Olwhed Facilities gy la a ms, ig A- 1;,i, m"'o,"iq --T 'N e �mm V4 1 u m coaL Tasklk Review Inventory and Analysis of Non City-Owned Facilities % T6bk 3.3 Meeting,Prep 1 VIVXVXIIN�11.4 Task 4: Desired Recreation Programs and Activities Meeting#3 Ez N0 Task 4A Develop Survey for Public Input -7t 101�n Tk f, �11��il - 1zTask,4.2 PostSurvey to City Website/Facebook I- f 2 Make survey available at other locations such as schools, 0? Task jibrarles.,qtc, Task 4.4 Desired,Programs and Activities Meeting#3 Task 4.5 comoiioiist of Requested Programs and Ajc�lvltier,,- 011 NA"i'S"NAYN, 1 a^a 75,4,�9 z Task 5:,Program Ranking and Facility Requirements Meeting 94 ON Task 5.1 Rank requested,progtarns/activifi6s ......... zg TOS%,�5.2 Match requested Pfogeams/Activiflos to,Existing Facilities if t X N W Ne 1� IN, I V T,a§k,*5.3 Determine locations for now facilities tV 1,14,ON WIRE;ro AM 0"I-WIN, n 'com Task.5.4 Discuss.Scope of proposed newfacillfies VAN BUREN PARKS MASTER PLAN UPDATE Fee Worksheet JULY 15,2024 VAN BUREN PARKS MASTER PLAN UPDATE-FEE WORKSHEET BASIC SERVICES TIVE", V C 4 'N"""'WWX ESTIMATED HOURS Task 6: Concept Developmentfor Preferred Projects Meeting#6 'i N Task Q.I Develop conceptual Plans for Preferred Projects "V Task 6.2 Develop,Conceptual cost,Estimates: W___OIINAGTI� 3012"'R-MVII Task6.'3 Review Conceptual Plans/Estimates with Task 7: Final Document Prepartion and Presentation Task'!.I Finalize Conceptual Drawings z' e Task 7., Finali Conceptual,Cost,Estimates Task,7.3 Finalize Text and graphics Present Final Document to combined meeting of Committee and pg ,,va x'.p k"I Task 7.4 Board Nk 63.5 117.5 17-9, _ 12, Hourly Rate Principal '.$ Architect 160,00 Project Designer 1,25.00 Administrative Assistant WOO, Total Cost 2;Z,375,.00 g I All Total 53,7,80.00