PA9702-CS 961114LEISURE SERVICES DEPARTMENT
DATE:
November 14, 1996
FROM:
Clay phillips, Deputy City Manager
Ken Griffin, City Engin~r
Jennifer Armstrong, Finance
1im Ragsdill, Purchasing
Gary Sims, Director of Leisure Services
SUBJECT:
Contract with Brinkley Sargent Architects, Inc.
Attached is the ~nalized contract between Bfinldey Sargent Architects, Inc. and the Coppell
Recreation Development Corporation (formerly Economic Development Corporation) for your
records.
If you have any questions or wish additional information, please let me know.
GDS/bav
Attachment
Standard Form of Agreement
Between Owner and Architect
AIA Document B141 - Electronic Format
AGREEMENT
made as of the Fifteenth day of October in the year of Nineteen Hundred and Ninety-six
BETWEEN the Owner:
t!Vame and addrexs)
City of Conyell
255 Parkway Blvd.
Cormell, Texas 75019
and the Architect:
(Name and address)
BrinkIcy Sargent Architects
5000 Quorum Drive, Suite 123
Dallas, Texas 75240
For the following Project:
tlnclude detaded d~scrtption o]'Pro]ect. location, addriB8 and scope.)
The nroiect includes develonment of an AQuatic and Recreation Center with a construction budget of $6,000,000.
Location of the facility is to be determined. Scone of work includes all site work, building. and masterulanning.
The Owner and Architect agree as set forth below.
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401.
Copyright 1917, 1926, t948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 by The American lnstitut= of Architects,
1735 New York Avenue, N.W., Washington, D.C., 20006-5292. Reproduction of the material herein or substantial quotation of its
provisions without written permission of the AIA violates the copyright laws of the United States and will bc subject to legal prosecution.
Electronic Document Service B141-1987 I
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services
performed by the Architect, Architect's employees and
Architect's consultants as enumerated in Articles 2 and
3 of this Agreement and any other services included in
Article 12.
1.1.2 The Architect's services shall be performed as
expeditiously as is consistent with professional skill and
care and the orderly progress of the Work. Upon request
of the Owner, the Architect shall submit for the Owner's
approval a schedule for the performance of the
Architect's services which may be adjusted as the
Project proceeds, and shall include allowances for
periods of time required for the Owner's review and for
approval of submissions by authorities having
jurisdiction over the Project. Time limits established by
this schedule approved by the Owner shall not, except
for reasonable cause. be exceeded by the Architect or
Owner.
1.1.3 The services covered by this Agreement are
subject to the time limitations contained in
Subparagraph 11.5. I.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those
described in Paragraphs 2.2 through 2.6 and any other
services identified in Article 12 as part of Basic
Services. and include normal structural, mechanical and
electrical engineering services.
2,2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished
by the Owner to ascertain the requirements of the
Project and shall arrive at a mutual understanding of
such requirements with the Owner.
2.2.2 The Architect shall provide a preliminary
evaluation of the Owner's program, schedule and
construction budget requirements, each in terms of the
other, subject to the limitations set forth in
Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner
alternative approaches to design and construction of the
Project.
2.2.4 Based on the mutually agreed-upon program,
schedule and construction budget requirements, the
Architect shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings
and other documents illustrating the scale and
relationship of Project components,
2.2.5 The Architect shall submit to the Owner a
preliminary estimate of Construotion Cost based on
current area, volume or other unit costs.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design
Documents and any adjustments authorized by the
Owner in the program, schedule or construction budget,
the Architect shall prepare. for approval by the Owner,
Design Development Documents consisting of drawings
and other documents to fix and describe the size and
character of the Project as to architectural, structural,
mechanical and electrical systems, materials and such
other elements as may be appropriate.
2.3.2 The Architect shall advise the Owner of any
adjustments to the preliminary estimate of Construction
Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development
Documents and any further adjustments in the scope or
quality of the Project or in the construction budget
authorized by the Owner, the Architect shall prepare, for
approval by the Owner, Construction Documents
consisting of Drawings and Specifications setting forth
in detail the requirements for the construction of the
Project.
2.4.2 The Architect shall assist the Owner in the
preparation of the necessary bidding information,
bidding forms, the Conditions of the Contract, and the
form of Agreement between the Owner and Contractor.
INSERT A The architect shall assist the owner through
the oreparation of bid specifications, drawings,
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evaluation of bids, distributinR plans and sVecifications
to selected metrovlex plan runs, distribution of plans to
Drosvective bidders, submission of recommendations of
bidders, recommendations reRardinR the return of bid
bonds, etc. This section will also cover other related
items such as DreDaration of construction contracts and
administration of the construction nroiect, etc.
2.4.3 The Architect shall advise the Owner of any
adjustments to previous preliminary estimates of
Construction Cost indicated by changes in requirements
or general market conditions.
2.4.a The Architect shall assist the Owner in connection
with the Owner's responsibility for filing documents
required for the approval of governmental authorities
having jurisdiction over the Project.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of
the Construction Documents and of the latest
preliminary estimate of Construction Cost, shall assist
the Owner in obtaining bids or negotiated proposals and
assist in awarding and preparing contracts for
construction.
2.6 CONSTRUCTION PHASE--ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide Basic
Services for the Construction Phase under this
Agreement commences with the award of the Contract
for Construction and terminates at the earlier of the
issuance to the Owner of the final Certificate for
Payment or 6~ 90 days after the date of Substantial
Completion of the Work.
2.6.2 The Architect shall provide administration of the
Contract for Construction as set forth below and in the
edition of AIA Document A201, General Conditions of
the Contract for Construction, current as of the date of
this Agreement, unless otherwise provided in this
Agreement.
2.6.3 Duties, responsibilities and limitations of
authority of the Architect shall not be restricted,
modified or extended without written agreement of the
Owner and Architect with consent of the Contractor,
which consent shall not be unreasonably withheld.
2.6.4 The Architect shall be a representative of and
shall advise and consult with the Owner (1) during
construction until final payment to the Contractor is due,
and (2) as an Additional Service at the Owner's
direction from time to time during the correction period
described in the Contract for Construction. The
Architect shall have authority to act on behalf of the
Owner only to the extent provided in this Agreement
unless otherwise modified by written instrument.
2.6.5 The Architect shall visit the site at intervals
appropriate to the stage of construction or as otherwise
agreed by the Owner and Architect in writing to become
generally familiar with the progress and quality of the
Work completed and to determine in general if the Work
is being performed in a manner indicating that the Work
when 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 cheek the quality or quantity of the Work.
On the basis of on-site observations as an architect, the
Architect shall keep the Owner informed of the progress
and quality of the Work, and shall endeavor to guard the
Owner against defects and deficiencies in the Work.
Architect will develon field renort doeumentinR each
trio to site. Trivs to site shall be an averaRe of two trivs
per month. (More extensive site representation may be
agreed to as an Additional Service, as described in
Paragraph 3.2.)
2.8.6 The Architect shall not have control over or
charge of and shall not be responsible for construction
means, methods, techniques, sequences or procedures,
or for safety precautions and programs in connection
with the Work, since these are solely the Contractor's
responsibility under the Contract for Construction. The
Architect shall not be responsible for the Contractor's
schedules or failure to carry out the Work in accordance
with the Contract Documents, The Architect shall not
have control over or charge of acts or omissions of the
Contractor, Subcontractors, or their agents or employees,
or of any other persons performing portions of the Work.
2.5.7 The Architect shall at all times have access to the
Work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the
Contract Documents or when direct communications
have been specially authorized, the Owner and
Contractor shall communicate through the Architect.
Communications by and with the Architect's consultants
shall be through the Architect.
2.6.9 Based on the Arehitect's observations and
evaluations of the Contraetor's Applications for Payment,
the Architect shall review and certify the amounts due
the Contractor.
2.5.10 The Arehiteet's certification for payment shall
constitute a representation to the Owner, based on the
Arehiteet's observations at the site as provided in
Subparagraph 2.6.5 and on the data comprising the
Contractor's Application for Payment, that the Work has
progressed to the point indicated and that, to the best of
the Arehiteet's knowledge, information and belief,
quality of the Work is in accordance with the Contract
Documents. The foregoing representations are subject
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to an evaluation of the Work for conformanee with the
Contract Documents upon Substantial Completion, to
results of subsequent tests and inspections, to minor
deviations from the Contract Documents correctable
prior to completion and to specific qualifications
expressed by the Architect. The issuance of a
Certificate for Payment shall further constitute a
representation that the Contractor is entitled to payment
in the amount certified. However, 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
cop~es of requisitions received from Subcontractors and
material suppliers and other data requested by the
Owner to substantiate the Contractor's right to payment
or (4) ascertained how or for what purpose the
Contractor has used money previously paid on account
of the Contract Sum.
2.6.11 The Architect shall have authority to reject Work
which does not conform to the Contract Documents.
Whenever the Architect considers it necessary or
advisable for implementation of the intent of the
Contract Documents, the Architect will have authority to
require additional inspection or testing of the Work in
accordance with the provisions of the Contract
Documents, whether or not such Work is fabricated,
installed or completed. However, neither this authority
of the Architect nor a decision made in good faith either
to exercise or not to exercise such authority shall give
rise to a duty or responsibility of the Architect to the
Contractor, Subcontractors, materiaI and equipment
suppliers, their agents or employees or other persons
performing portions of the Work.
2.6.12 The Architect shall review and approve or take
other appropriate action upon Contractor's submittals
such as Shop Drawings, Product Data and Samples, but
only for the limited purpose of checking for
conformanee with information given and the design
concept expressed in the Contract Documents. The
Architect's action shall be taken with such reasonable
promptness as to cause no delay in the Work or in the
construction of the Owner or of separate contractors,
while allowing sufficient time in the Arehitect's
professional judgment to permit adequate review.
Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness
of other details such as dimensions and quantities or for
substantiating instructions for installation or
performance of equipment or systems designed by the
Contractor, all of which remain the responsibility of the
Contractor to the extent required by the Contract
Documents. The Arehiteet's review shall not constitute
approval of safety precautions or, unless otherwise
specifically stated by the Architect, of 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. When professional certification of
performance characteristics of materials, systems or
equipment is required by the Contract Documents, the
Architect shall be entitled to rely upon such certification
to establish that the materials, systems or equipment will
meet the performance criteria required by the Contract
Documents.
2,8.13 The Architect shall prepare Change Orders and
Construction Change Directires, with supporting
documentation and data if deemed necessary by the
Architect as provided in Subparagraphs 3.1.1 and 3.3.3,
for the Owner's approval and execution in accordance
with the Contract Documents, and may authorize minor
changes in the Work not involving an adjustment in the
Contract Sum or an extension of the Contract Time
which are not inconsistent with the intent of the
Contract Documents.
L6,14 The Architect shall conduct inspections to
determine the date or dates of Substantial Completion
and the date of final completion, shall receive and
forward to the Owner for the Owner's review and
records written warranties and related documents
required by the Contract Documents and assembled by
the Contractor, and shall issue a final Certificate for
Payment upon compliance with the requirements of the
Contract Documents,
2.6.15 The Architect shall interpret and decide matters
concerning performance of the O~vner and Contractor
under the requirements of the Contract Documents on
written request of either the Owner or Contractor. The
Architect's response to such requests shall be made with
reasonable promptness and within any time limits agreed
upon.
9.6.16 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 initial decisions, the Architect shall
endeavor to secure faithful performance by both Owner
and Contractor, shall not show partiality to either, and
shall not be liable for results of interpretations or
decisions so rendered in good faith.
2.8.17 The Architect's decisions on matters relating to
aesthetic effect shall be final if consistent with the
intent expressed in the orevious]¥ aDDroved
_Contract Documents.
2.8.18 The Architect shah render written decisions
within a reasonable time on all claims, disputes or other
matters in question between the Owner and Contractor
relating to the execution or progress of the Work as
provided in the Contract Documents.
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2.6.19 The Architect's decisions on claims, disputes or
other matters, including those in question between the
Owner and Contractor, except for those relating to
aesthetic effect as provided in Subparagraph 2.6.17,
shall bc subjcct to arbitration as provided in this
Agrccmcnt and in the Contract Documcnts.
ARTICLE 3
ADDITIONAL SERVICES
3,1 GENERAL
3.1.1 The services described in this Article 3 are not
included in Basic Services unless so identified in
Article 12, and they shall be paid for by the Owner as
provided in this Agreement, in addition to the
compensation for Basic Services. The services described
under Paragraphs 3.2 and 3.4 shall only be provided if
authorized or confirmed in writing by the Owner. If
services described under Contingent Additional Services
in Paragraph 3.3 are required due to circumstances
beyond the Architect's control, the Architect shall notify
the Owner prior to commencing such services. If the
Owner deems that such services described under
Paragraph 3.3 are not required, the Owner shall give
prompt written notice to the Architect. If the Owner
indicates in writing that all or part of such Contingent
Additional Services are not required, the Architect shall
have no obligation to provide those services.
3.2 PROJECT REPRESENTATION BEYOND
BASIC SERVICES
3.2.1 It shall be the resnonsibilitv of BSAI to negotiate
~vith the EDC through their official representative, Gary
Sims, Director of Leisure Services, for any and all
additional services rec~uiring additional fees. If
cxtcnaivc rcprcscntation at thc sitc than is dcscribcd in
Subparagraph- 2.6.5 is rcquircd, the Architect shall
providc onc or more Project Rcprcacntativcs to assist in
carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected,
employed and directed by the Architect, and the
Architect shall be compensated therefor as agreed by the
Owner and Architect. The duties, responsibilities and
limitations of authority of Project Representatives shall
be as described in the edition of AIA Document B352
current as of the date of this Agreement, unless
otherwise agreed.
3.2.3 Through the observations by such Project
Representatives, the Architect shall endeavor to provide
further protection for the Owner against defects and
deficiencies in the Work, but the furnishing of such
project representation shall not modify the rights,
responsibilities or obligations of the Architect as
described elsewhere in this Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings, Specifications or
other documents when such revisions are:
.1 inconsistent with approvals or instructions
previously given by the Owner, including
revisions made necessary by adjustments in the
Owner's program or Project budget;
.2 required by the enactment or revision of
codes, laws or regulations subsequent to the
preparation of such documents; or
.3 due to changes required as a result of the
Owner's failure to render decisions in a timely
3.3.2 Providing services required because of significant
changes in the Project including, but not limited to, size,
quality, complexity, the Owner's schedule, or the method
of bidding or negotiating and contracting for
construction, except for services required under
Subparagraph 5.2.5.
3.3.3 Preparing Drawings, Specifications and other
documentation and supporting data, evaluating
Contractor's proposals, and providing other services in
connection with Change Orders and Construction
Change Directives.
3.3.4 Providing services in connection with evaluating
substitutions proposed by the Contractor and making
subsequent revisions to Drawings, Specifications and
other documentation resulting therefrom.
3.3.5 Providing consultation concerning replacement of
Work damaged by fire or other cause during
construction, and furnishing services required In
connection with the replacement of such Work.
3.3.6 Providing services made necessary by the default
of the Contractor, by major defects or deficiencies in the
Work of the Contractor, or by failure of performance of
either the Owner or Contractor under the Contract for
Construction.
3.3.7 Providing scrviccs in evaluating an extensive
numbcr of claims submitted by thc Contractor or othcrs
in connection with thc Work.
3.3.8 Providing services in connection with a public
hearing, arbitration proceeding or legal proceeding
except where the Architect is party thereto.
requested Council presentations will be considered
Basic Services.
3.3.9 Preparing documents for alternate, separate or
sequential bids or providing services in connection with
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bidding, negotiation or construction prior to the
completion of the Construction Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of thc Owncr's nccds and
programming the rcquircmcnts of the Project.
INSERT B See 12.1.3
3.4.2 Providing financial feasibility or other special
studies.
3.4.3 Providing planning 3urvcys, site evaluations or
comparative studic3 of prospcctivc sites,
INSERT C See 12.2.2
3.4.4 Providing special surveys, environmental studies
and submissions required for approvals of governmental
authorities or others having jurisdiction over the
Project.
3.4.5 Providing services relative to future facilities,
systems and equipment.
3.4.6 Providing services to investigate existing
conditions or facilities or to make measured drawings
thereof.
3.4.7 Providing services to verify the accuracy of
drawings or other information furnished by the Owner.
3.4.8 Providing coordination of construction performed
by separate contractors or by the Owner's own forces and
coordination of services required in connection with
construction performed and equipment supplied by the
3.4.9 Providing services in connection with the work of
by the Owner.
3.4,10 Providing detailed estimates of Construction
INSERT D See 12.1.2
3.4.11 Providing detailed quantity surveys or
inventories of material, equipment and labor.
3.4.12 Providing analyses of owning and operating
3.4.13 Providing interior design and othcr similar
scrviccs required for or in connection with the selection,
procurcmcnt or installation of fui~,iturc, furnishings and
related equipment.
3.4.14 Providing services for planning tenant or rental
3.4.15 Making investigations, inventories of materials
or equipment, or valuations and detailed appraisals of
existing facilities.
3.4.16 Preparing a set of reproducible record drawings
showing significant changes in the Work made during
construction based on marked-up prints, drawings and
other data furnished by the Contractor to the Architect.
3.4.17 Providing assistance in the utilization of
equipment or systems such as testing, adjusting and
balancing, preparation of operation and maintenance
manuals, training personnel for operation and
maintenance, and consultation during operation.
3.4.18 Providing services after issuance to the Owner of
the final Certificate for Payment, or in the absence era
final Certificate for Payment, more than 60 days after
the date of Substantial Completion of the Work.
3.4.19 Providing services of consultants for other than
architectural, structural, mechanical and electrical
engineering portions of the Project provided as a part of
Basic Services.
INSERT E See 12.1.1
3.4.20 Providing any other services not otherwise
included in this Agreement or not customarily furnished
in accordance with generally accepted architectural
practice.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding
requirements for the Project, including a 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.
4.2 The Owner shall establish and update an overall
budget for the Project, including the Construction Cost,
the Owner's other costs and reasonable contingencies
related to all of these costs.
4.3 If requested by the Architect, the Owner shall
furnish evidence that financial arrangements have been
made to fulfill the Owner's obligations under this
Agreement.
4.4 The Owner shall designate a representative
authorized to act on the Owner's behalf with respect to
the Project. The Owner or such authorized
representative shall render decisions in a timely manner
pertaining to documents submitted by the Architect in
order to avoid unreasonable delay in the orderly and
sequential progress of the Architect's services.
4.5 The Owner 3hall fu,.ish surveys describing physical
characteristics, Icgal limitations and utility locations for
the site of the Project, and a writtcn legal description of
the site. The surveys and legal information shaH-inehideT,
aa applicable, grades and lines of st-reefs,
pavcmcnts and adjoining property and-structures;
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adjacent drainage; rights of-way, rcstrictions, cascmcnts,
cncroachmcnts, zoning, dccd rcstrictions, boundstics
and contours of the sitc; locations, dimensions and
ncccssary data pertaining to existing buildings, othcr
improvements and trees; and information concerning
available utility services and lines, both public and
private, above and below gradc, including inverts and
depths. All the information on the survey shall bc
rcfcrcnccd to a project benchmark.
INSERT F See 12.2.'1.
4.6 The Owner shall furnish the services of geotechnical
engineers when such services are requested by the
Architect. Such services may include but are not limited
to test borings, test pits, determinations of soil bearing
values, percolation tests, evaluations of hazardous
materials, ground corrosion and rcsistivity tests,
including necessary operations for anticipating subsoil
conditions, with reports and appropriate professional
recommendations.
4.6.1 The Owner shall furnish the services of other
consultants when such services arc reasonably required
by the scope of the Project and are requested by the
Architect.
4.7 The O~vncr shall furnish structural, mechanical,
chemical, air and watcr pollution tests, tests for
hazardous matcrisis, and othcr laboratory and
environmcntal regis. inspcctions and rcporta rcquircd by
law or the ConThese items shall be provided by
contractor and copies provided to EDC. tract
4.8 The Owner shall furnish all legal, accounting and
insurance counseling services as may be necessary at any
time/'or the Project, including auditing services the
Owner may require to verify the Contractor's
Applications for Payment or to ascertain how or for what
purposes the Contractor has used the money paid by or
on behalf of the Owner.
4.9 The services, information, surveys and reports
required by Paragraphs 4.5 through 4.8 shall be
furnished at the Owner's expense, and the Architect
shall be entitled to rely upon the accuracy and
completeness thereof.
4.10 Prompt written notice shall be given by the Owner
to the Architect if the Owner becomes aware of any fault
or defect in the Project or nonconformance with the
Contract Documents.
4.1'1 The proposed language of certificates or
certifications requested of the Architect or Architect's
consultants shall be submitted to the Architect for
review and approval at least 14 days prior to execution.
The Owner shall not request certifications that would
require knowledge or services beyond the scope of this
Agreement.
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or
estimated cost to the Owner of all elements of the
Project designed or specified by the Architect.
5.1.2 The Construction Cost shall include the cost at
current market rates of labor and materials furnished by
the Owner and equipment designed, specified, selected
or specially provided for by the Architect, plus a
reasonable allowance for the Contractor's overhead and
profit. In addition, a reasonable allowance for
contingencies shall be included for market conditions at
the time of bidding and for changes in the Work during
construction.
5.1.3 Construction Cost does not include the
compensation of the Architect and Architect's
consultants, the costs of the land, rights-of-v,,ay,
financing or other costs which are the responsibility of
the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget,
preliminary estimates of Construction Cost and detailed
estimates of Construction Cost, if any, prepared by the
Architect, represent the Architect's best judgment as a
design professional familiar with the construction
industry. It is recognized, however, that neither the
Architect nor the Owner has control over the cost of
labor, materials or equipment, over the Contractor's
methods of determining bid prices, or over competztive
bidding, market or negotiating conditions. Accordingly,
the Architect cannot and does not warrant or represent
that bids or negotiated prices will not vary from the
Owner's Project budget or from any estimate of
Construction Cost or evaluation prepared or agreed to by
the Architect.
5.2.2 No fixed limit of Construction Cost shall be
established as a condition of this Agreement by the
furnishing, proposal or establishment of a Project budget,
unless such fixed limit has been agreed upon in wrtting
and signed by the parties hereto. If such a fixed limit
has been established, the Architect shall be permitted to
include contingencies for design, bidding and price
escalation, to determine what materials, equipment,
component systems and types of construction are to be
included in the Contract Documents, to make reasonable
adjustments in the scope of the Project and to include in
the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Fixed limits, if any,
shall be increased in the amount of an increase in the
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Contract Sum occurring after execution of the Contract
for Construction.
5.2.3 If the Bidding or Negotiation Phase has not
commenced within 90 days after the Architect submits
the Construction Documents to the Owner, any Project
budget or fixed limit of Construction Cost shall be
adjusted to reflect changes in the general level of prices
in the construction industry between the date of
submission of the Construction Documents to the Owner
and the date on which proposals are sought.
5.2.4 If a fixed limit of Construction Cost (adjusted as
provided in Subparagraph 5.2.3) is exceeded by the
lowest bona fide bid or negotiated proposal, the Owner
shall:
.l give written approval of an increase in such
fixed limit;
.2 authorize rebidding or renogotiating of the
Project within a reasonable time;
.3 if the Project is abandoned, terminate in
accordance with Paragraph 8.3; or
.4 cooperate in revising the Project scope and
quality as required to reduce the Construction
Cost.
5.2.5 If the Owner chooses to proceed under Clause
5.2.4.4, the Architect, without additional charge, shall
modify the Contract Documents as necessary to comply
with the fixed limit, if established as a condition of this
Agreement, The modification of Contract Documents
shall be the limit of the Architect's responsibility arising
out of the establishment of a fixed limit. The Architect
shall be entitled to compensation in accordance with this
Agreement tbr all services performed whether or not the
Construction Phase is commenced,
ARTICLE 6
USE OF ARCHITECT°S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings. Specifications and other documents
prepared by the Architect for this Project are
instruments of the Architect's service for use solely with
respect to this Project and, unless otherwise provided,
the Architect shall be deemed the author of these
documents and shall retain all common law, statutory
and other reserved rights, including the copyright. The
Owner shall be permitted to retain copies, includin8
reproducible copies, of the Architect's Drawings,
Specifications and other documents for information and
reference in connection with the Owner's use and
occupancy of the Project. The Architect's Drawings,
Specifications or other documents shall not be used by
the Owner or others on other projects, for additions to
this Project or for completion of this Project by others,
unless the Architect is adjudged to be in default under
this Agreement, except by agreement in writing and with
appropriate compensation to the Architect.
6.2 Submission or distribution of documents 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 Architect's reserved
rightS.
ARTICLE 7
ARBITRATION
7.1 Claims, disputcs or othcr mattcrs in qucatic, n
bctwccn the parties to this Agreement arising out of or
rclating to this Agrccmcnt or breach thcrcof shall hc
subject to and decided by arbitration in accordance with
thc Constructloft Industry Arbitration Rulcs of thc
Amcrican Arbitration Association currcntly in effect
unless the parties mutually agree othcrwisc.
7.2 Demand for arbitration shall bc filed in writing with
the other party to this Agreement and with the American
Arbitration Association. A demand for arbitration shall
bc madc within a rcasonablc time aftcr the claim,
dispute or other matter in question has arisen. In no
event shall the demand for arbitration bc made after the
date when institution of Icgal or cquitablc proceedings
based on such claim, dispute or other mattcr in qucstion
would bc barrcd by the applicable statutes of
7.3 No arbitration arising out of or relating to this
Agreement shall includc, by consolidation, joindcr or in
any other manncr, an additional person or entity not a
party to this Agreement, except by written consent
containing a specific rcfcrcncc to this Agreement signed
by the Owner, Architect, and any other person or entity
sought to bc joined. Consent to arbitration involving an
additional person or entity shall not constitute consent
to arbitration of any claim, dispute or other matter in
question not dcscribcd in thc written consent or with a
person or entity not named or described therein. Thc
foregoing agreement to arbitrate and ,3thor agreements to
arbitrate with an additional person or entity duly
consented to by the parties to this Agreement shall bc
spccifically enforceable in accordance with applicable
law in any court having jurisdictiorr thereof.
7.4 Thc award rcndcrcd by the arbitrator or arbitrator3
shall bc final, and judgment may be cntcrcd upon it in
accordance with applicable law in any court having
jurisdiction thereof.
Electronic Document Service BI41-1987 8
ARTICLE 8
TERMINATION, SUSPENSION OR
ABANDONMENT
8.1 This Agreement may be terminated by either party
upon not less than seven days' written notice should the
other party fail substantially to perform in accordance
with the terms of this Agreement through no fault of the
party initiating the termination.
8.2 If the Project is suspended by the Owner for more
than 30 consecutive days, the Architect shall be
compensated for services performed prior to notice of
such suspension. When the Project is resumed, the
Arehitect's compensation shall be equitably adjusted to
provide for expenses incurred in the interruption and
resumption of the Arehiteet's services.
8.3 This Agreement may be terminated by the Owner
upon not less than seven days' written notice to the
Architect in the event that the Project is permanently
abandoned. If the Project is abandoned by the Owner
for more than 90 consecutive days, the Architect may
terminate this Agreement by giving written notice.
8.4 Failure of the Owner to make payments to the
Architect in accordance with this Agreement shall be
considered substantial nonperformance and cause for
termination.
8.5 If the Owner fails to make payment when due the
Architect for services and expenses, the Architect may,
upon seven days' written notice to the Owner, suspend
performance of serwces under this Agreement. Unless
payment in full is received by the Architect within seven
days of the date of the notice, the suspension shall take
effect without further notice. 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.
8.8 In the event of termination not the fault of the
Architect, the Architect shall be compensated for
services performed prior to termination, together with
Reimbursable Expenses then due and all Termination
Expenses as defined in Paragraph 8.7.
8.7 Termination Expenses are in addition to
compensation for Basic and Additional Services, and
include expenses which are directly attributable to
termination. Termination Expenses shall be computed
as a percentage of the total compensation for Basic
Services and Additional Services earned to the time of
termination, as follows:
· 1 Twenty pertcat of the total compensation for
Ba3ic and Additional Services carncd to datc if
termination occurs bcforc or during the
predesign, sitc analysis, or Schematic Design
Phases; c,~
.2 Tcrc pcrccnt of the total compcnsation for
Basic and Additional Scrviccs carned to date if
tcrmination occurs during the Design
Dcvelopmcnt Phnsc; or
.3 Five percent of the total compensation for
Basic and Additional Services ca~,,cd to datc if
termination occurs during any subsequent
-~--*^ 5% of total compensation to date.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwise provided, this Agreement shall be
governed by the law of the principal place of business of
the Architect.
9.2 Terms in this Agreement shall have the same
meaning as those in AIA Document A201, General
Conditions of the Contract for Construction, current as
of the date of this Agreement.
9.3 Causes of action between the parties to this
Agreement pertaining to acts or failures to act shall be
deemed to have accrued and the applicable statutes of
limitations shall commence to run not later than either
the date of Substantial Completion for acts or failures to
act occurring prior to Substantial Completion, or the
date of issuance of the final Certificate for Payment for
acts or failures to act occurring after Substantial
Completion.
9.4 The Owner and Architect waive all rights against
each other and against the contractors, consultants,
agents and employees of the other for damages, but only
to the extent covered by property insurance during
construction, except such rights as they may have to the
proceeds of such insurance as set forth in the edition of
AIA Document A201, General Conditions of the
Contract for Construction, current as of the date of this
Agreement. The Owner and Architect each shall require
similar waivers from their contractors, consultants and
agents.
9.5 The Owner and Architect, respectively, bind
themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and
to the partners, successors, assigns and legal
representatives of such other party with respect to all
covenants of this Agreement. Neither Owner nor
Architect shall assign this Agreement without the
written consent of the other.
9.6 This Agreement represents the entire and integrated
agreement between the Owner and Architect and
supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may
be amended only by written instrument signed by both
Owner and Architect.
DOCUMENT Et41 . OWNER.ARCHITECT AGREEMENT , FOURTEENTH EDITION , AJA - COpyRiGHT 19117 . THE AME&ZCAN INSTITUTE OF ARCHITECT~S, L73~, NEW yO~U(
Electronic Document Service B141~1987 9
9.7 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.
9.8 Unless otherwise provided in this Agreement, the
Architect and Architect's consultants shall have no
responsibility for the discovery, presence, handling,
removal or disposal of or exposure of persons to
hazardous materials in any form at the Project site,
including but not limited to asbestos, asbestos products,
polychlorinated biphenyI (PC]3) or other toxic
substances.
9.9 The Architect shall have the right to include
representations of the design of the Project, including
photographs of the exterior and interior, among the
Architect's promotional and professional materials. 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 on the construction
sign and in the promotional materials for the Project.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the
Project and the portion of the cost of their mandatory
and customary contributions and benefits related thereto,
such as employment taxes and other statutory employee
benefits, insurance, sick leave, holidays, vacations,
pensions and similar contributions and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to
compensation for Basic and Additional Services and
include expenses incurred by the Architect and
Architect's employees and consultants in the interest of
the Project, as identified in the following Clauses.
10.2.1.1 Expense of transportation in connection with
_expenses in connection with authorized out-of-town
travel; long-distance communications; and fees paid for
securing approval of authorities having jurisdiction over
the Project.
10.2.1.2 Expense of reproductions, postage and
handling of Drawings, Specifications and other
documents.
10.2.1.3 If authorized in advance by the Owner, expense
of overtime work requiring higher than regular rates.
10.2.1.4 Expense of renderings, models and mock-ups
requested by the Owner.
10.2.1.5 Expense of additional insurance coverage or
limits, including profassional liability insurance,
requested by the Owner in excess of that normally
carried by the Architect and Architect's consultants.
10.2.1.6 Expcn3c of computer aided dc3ign and drafting
equipment time when used in connection with the
10.3 PAYMENTS ON ACCOUNT OF BASIC
SERVICES
10.3.1 An initial payment as set forth in Paragraph l 1. 1
i3 the minimum payment under thi3 Agreement.
10.3.2 Subsequent payments for Basic Services shall be
made monthly and, where applicable, shall be in
proportion to services performed within each phase of
service, on the basis set forth in Subparagraph 11.2.2.
10.3.3 If and to the extent that the time initially
established in Subparagraph 11.5.1 of this Agreement is
exceeded or extended through no fault of the Architect,
compensation for any services rendered during the
additional period of time shall be computed in the
manner set forth in Subparagraph I 1.3.2.
10.3.4 When compensation is based on a percentage of
Construction Cost 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, in
accordance with the schedule set forth in Subparagraph
11.2.2, based on (I) the lowest bona fide bid or
negotiated proposal, or (2) if no such bid or proposal is
received, the most recent preliminary estimate of
Construction Cost or detailed estimate of Construction
Cost for such portions of the Project.
10.4 PAYMENTS ON ACCOUNT OF
ADDITIONAL SERVICES
10.4.1 Payments on account of the Architect's
Additional Services and for Reimbursable Expenses
shall be made monthly upon presentation of the
Architect's statement of services rendered or expenses
incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's
compensation on account of penalty, liquidated damages
or other sums withheld from payments to contractors, or
on account of the cost of changes in the Work other than
Electronic Documunt Service BI41-1987 10
those for which the Architect has been found to be
liable.
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses
pertaining to Additional Services and services performed
on the basis of a multiple of Direct Personnel Expense
shall be available to the Owner or the Owner's
authorized representative at mutually convenient times.
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN INITIAL PAYSlENT of "'-' .... ® ) shall bc made upon execution of this Agrccmcnt
and credited to thc Owncr's account at final paymcnt.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of
Basic Services, Basic Compensation shall be computed as follows:
(insert basis of compensation, including #tipulated sums, multiples or percentages, and identify phases to which particular methods of
compensation apply, i/necessary.)
Fixed fee of Five Hundred Twenty-three Thousand Five Hundred Dollars ($523,500)
11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for
Basic Services in each phase shall total the following percentages of the total Basic Compensation payable:
(Insert additional phases as appropriate.)
Schematic Design Phase: Fifteen
Design Development Phase: Twenty
Construction Documents Phase: Forty
Bidding or Negotiation Phase: Five
Construction Phase: Twenty
percent(15 %)
percent(20%)
percent (40 %)
percent (5--%)
percent (20%)
Total Basic Compensation
one hundred percent(100%)
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2,
compensation shall be computed as follows:
See 11.3.2
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1)
Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of
Basic Services, but excluding services of consultants, compensation shall be computed as follows:
{Insert basis of compensation. including rates and/or multiplez of'Direct Personnel ~xpense for Principals and employees. and #denttry
Principals and classify employees, i/required. Identify specific #errices to which particular methods of compensation apply. i/necessary.)
Hourly - Reference Rate Chart Exhibit A
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical
engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional
Services, a multiple of one and one tenth (I .10 ) times the amounts billed to the Architect for such services.
Electronic Document Service BI4 I-I 987 11
(Identify specific types of consultants in Article 12, if required.)
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12
as Reimbursable Expenses, a multiple of one and one tcnth( 1.10 )timcs the expcnscs incurrcd by thc Architect, the
Arehitect's employees and consultants in the interest of the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within thirty-six (36) months
of the date hereof, through no fault of the Architect, extension of the Architect's services bayond that timc shall be
compensated as provided in Subparagraphs 10.3.3 and I 1.3.2.
11.5.2 Payments are due and payable thirty (30_~_) days from the date of the Arehitect's invoice. Amounts unpaid forty-
five (45_~3 days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal
rate prevailing from time to time at the principal place of business of the Architect.
(Insert rate of interest agreed upon.)
11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal
salary review practices of the Architect.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
IInsert descriptions of other ~ervicez, identify Additional Services included within Basic Compensation and rnodi~cationa to the payment and
12.1 ADDITIONAL SERVICES THAT ARE INCLUDED IN BASIC SERVICES
12.1.I VOID
12.1.2 Professional cost estimatinR shall be provided as part of the Basic Services. Detailed cost estimates shall be
provided at schematic, design development, and 50% construction document phases of the oroieet.
12.1.3 Architect shall develop detailed program of spaces as oart of the Basic Services Fee.
12.1.4 VOID
12.1.5 See attached Exhibit B for description of Enterprise Plan to be provided as nan of Basic Scrvices.
12.1.6 Architect and consultant shah provide assistance with the development and application of grant to Texas
Parks and Wild]ire Department. Specifically, we will develop the followinR sections of the arant:
Application form Part I
Application form Part II
Applicant's Certification & ProRram Assurances
TXDOT Reneral location man
Propram narrative
Environmental assessment
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Aerial photo (SCS Aerials)
Environmental checklist
Site photos
Tabular summary
Concept plan
Park base map
The City of Coopell will be responsible for the following elements of the grant:
Cover letter
Resolution
Street maps
Appraisal information (letter of value)
Proof of drilling restriction
Boundary/ownership map (city-owned property)
Park inventory
This score of services does not include modification of existinR Park Master Plan.
12.2 ADDITIONAL SERVICES TO BE PROVIDED ONCE SCOPE IS DETERMINED INCLUDE:
12.2.1 Master~lanning Services
Architect will as part of the Masterplanning Scope OreDare:
A. Preliminary floor plan and site plan indicating how the building can be expanded to meet future recreation needs.
B. And furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the
'Project, and a written legal description of the site. The suntevs and legal information shall include, as applicable,
grades and lines of streets, alleys, pavements and adioining property and structures, adjacent drainage, rights-of-way,
restrictions. easements, encroachments, zoning, deed restrictions, boundaries and contours of the site, locations,
dimensions and necessary data pertaining 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.
C. Landscape olan or plans that will indicate landscape treatment of the initial construction and future additions.
Scope shall include but not be limited to irrigation design, plant material selection, and hardscape design.
This work is of undetermined scol~e at the time of contract. Once the seo~,e of work is clear a fixed fee will be
established for this work.
12.2.2 Providing site evaluation or comparative studies of perspective sites shall be provided on an hourly basis with
a not to exceed fee amount established once scope is clearly defined. Evaluation of existing fire station for use as a
recreation center shall be part of this service.
12.3 FIXED LIMIT OF CONSTRUCTION COST
12.3.1 Should budget for project be increased from the $6,000,000 construction budget the fee shall be adjusted by
6% of the adiusted amount.
Electronic Document Service 13141-1987 13
This Agreement entered into as of the day and year first written above.
OWNER
COPPELL ECONOMIC
CORPORATION
DEVELOPMENT
ARCHITECT
BRINKLEY SARGENT ARCHITECTS, INC.
Dwavne M, Brinkley AIA
Principal
(Printed name and ntle)
Secretary
{Printtd name and titlt)
Elizabeth A. Bargar'
Electronic Document Service BI41-1987 14
EXHIBIT A
BILLING RATES
1996
TITLE
RATE/hr.
Senior Principal
Principal
Sr. Associate
Associate
Project Manager
Sr. Project Designer
Project ArchitectJDesigner
S taft Archi tect
Architectural Designer
Office Manager
Clerical
$165.00
125.00
80.00
75.00
70.00
70.00
65.00
50.00
40.00
50.00
35.00
EXHIBIT B
Enterprise Plan
Need
A.
C,
Analysis
Meet with the steering committee, plus any,designated Community groups involved in the
project to analyze needs and determine objectives. The Consultant will make a slide
presentation to illustrate features of other natatoria and pools to be considered for this
project. A questionnaire may be distributed by the City before or following this meeting to
obtain input from individuals and institutions. The Consultant will use the results of the
survey in determining needs.
Prepare and submit an outline of a Design Program for the proposed aquatic and
recreation center.
Based on the first meeting and committee's review of the outline progrmn, develop a
Design Program Analysis (DPA) with recommendations on the size and shape of the
pool(s) and recreation center as well as architectural and engineering features of the
building and support spaces. The DPA will address the following items:
2
3.
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
Pool (or pools) design: size, depth, configuration, water features, etc.
Configuration of Recreation Center
User populations and programs to be supported
Lighting
Pool markings
Traffic Patterns
Deck Equipment
Underwater features
Mechanical features, filter system options, water treatment and automatic water
treatment control
Spectator facilities
Dressing room features and user spaces
Support spaces and features
Architectural materials and finishes (Outline Specification for building and pool(s)
Provide recommendations on the general mechanical system for environmental centrol,
including dehumidi~eation, lighting and other building systems required by the building to
support general an specialized activities in different wet and dry areas.
Prepare and submit a preliminary opinion of probable construction cost of proposed
programmable spaces. Adjust the program and spaces as required to meet the proposed
budget if one exists, or to reflect decisions made by the Committee.
2
Prepare a revised Design Program Analysis to reflect changes and adjustments determined
by consensus at meeting, Submit revised and final Design Program Analysis to Owner, A
public hearing may be held during the day of the second site visit if the Owner so desires.
Conceptual Plan
Based on the agreed upon program, the Consultant will prepare a conceptual plan of the
pool or pools, with at least one cross section of the pool(s).
The Consultant will provide a conceptual plan of the building. The purpose of the plan
will be to illustrate one way to organize the spaces in a functional arrangement and to
confirm that the building footprint will contain the areas proposed in the Design Program.
C. The Consultant will meet with the committee W discuss the conceptual plan.
D. Following the meeting, the Consultant will make revisions to the plan, if necessary.
Cost Analysis
The Consultant will prepare an Opinion of Probable Construction Cost for the pool(s) and
building. Recent Project bid figures of entire projects will be used as well as national
estimating guides and local cost adjustment factors. The "hard construction cost" figures
will be supplemented by a Total Development Cost, which will include such "soft" cost as
professional fees, survey, geotechnical report, document reproduction, advertisement for
bids and all anticipated expenses related to the project, so that the City will know that here
are no "hidden" cost before making an informed decision about the project.
The Consultax~t will prepare an Enterprise Plan developing an opinion of operations of the
proposed project. This following will be researched and analyzed:
I. Area Aquatic Providers
Market Area Demographics
· Population, Age, Income
Area Aquatic User Groups
· Historic Usage and Project Level of Growth
Facility Management Outline
· Facility Operating Schedule
· Facility Capacity Limits
· Organization Chart
· Job Descriptions
· Wage Structure
· Marketing Program
Opinion of Probable Revenue
· Market Penetration
· Seasonal Usage
· Develop Fee Structure
· Opinion of Attendance By User Group
· Opinion of Revenue
Opinion of Probable Expenses
· Labor Demand
· Chemical Demand
· Operating Supplies
· Utility Demand
Opimon of Facility Financial Performance
C,
The Consultant will make a final presentation to the project cormrut'tee outlining the
methods and results of the study.
A CORD, ;i~E,B 7rl:Fi~:,,_ OFLIABILITY:!].:.!N ~:~:~,~.,~, ;E
THIS CERTIFICATE IS ISSUED AS A MA"R'ER OF INFORi~ATic~i.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAT+
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OF
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE "
7HI5;S TO CERrIIY'THATIIfEpO!iC~FBO~INSUp~NCELiSTCDEEI.OWHAVEBEEN!SSUE;,;T0 TItE INGUREDNAMEDAL)OVE!CR [~IEPOLJCYPER/O0
INDICTED, NO~HSTANDING A~ REQUIREMENT. TERM OR CONDIXON OF A~ CO~CT OR OTHER ~CUME~ ~TH RESPECT TO WHICH THIS
CERTIFI~TE MAY BE ISSUED OR ~y PERTAIN. THE INSU~NCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SU~ECT TO ALL THE TERM5
~CLUSIONS AND CONDITIONS OF SUCH POUCIES, UMffS SHOWN ~Y ~VE BEEN REDUCED BY PAID C~IMS.
Z2/ZS/S6
Z2/2S/SS
Soo,ooo, LIAB.
20,000. DSD.
I,O00,OC.
CORD2S-S (1/98) ~ ::!:~' ": ;i:E:~ E: :~:: ~!:: OACORDCORPORATION 1988