Loading...
R-95-01-26-10B - 1/26/1995WHEREAS, the City of Round Rock desires to have professional architectural services for designing the swimming pool project, and WHEREAS, O'Neill Conrad Oppelt Architects, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with O'Neill Conrad Oppelt Architects, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with O'Neill Conrad Oppelt Architects, Inc. for designing the swimming pool project, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 26th day of January, 1995. ATTEST: KS /RESOLUTION RS50126B RESOLUTION NO. X" / c/' 6726 - //9 E LAND, City Secretary CHARLES CUL R, Mayor City of Round Rock, Texas O'NEILL CONRAD OPPELT A R C H I T E C T 5, 1 N C. January 19, 1995 Ms. Sharon Prete Director of Parks & Recreation City of Round Rock 221 E. Main St. Round Rock, Texas 78664 Re: Aquatics Center Dear Sharon: 4039 BROADWAY • SAN ANTONIO, TEXAS 78209 • 512 829 - 1737 It was a pleasure meeting with you again concerning the Aquatics Center. We are certainly excited about working with you and the City of Round Rock. I have listed below a summary of a proposed project budget that is within the $1,000,000.00 that we discussed Obviously, the scope of the project differs from that we outlined in the Feasibility Study completed previously by us due to the budget limitations. I sincerely believe, however, that the budget you have alloted will allow construction of an excellent, up to date facility with the capacity of being expanded and covered at a later date. Also listed below is my understanding in summary form of the project scope as we discussed today. Please review both and advise if you have any corrections or clarifications. Concerning the project schedule, I do believe we should pursue issuing the documents in two phases to help meet the schedule and the contract that I have drafted reflects this desire. We will need as soon as possible the following information: 1. A site survey of the area including topography, tree locations, utility locations and depths etc. which should include sanitary sewer, storm sewer, electrical power, gas, water and communications. 2. Geotechnical Report with soil borings and analysis along with foundation recommendations. 3. Approval of the following budget and scope. Pr ovosed Budget Sitework - this includes utility extensions, excavation, foundation base, flatwork, paving etc. 5' outside the building line. $ 95,000 Recreational Pool (2,000 sf © $65 /sf) $ 130,000 Competition Pool (75' x 60' = 4,500 sf @ $100/sf) $ 450,000 Bath House (1,200 sf @ $75 /sf) $ 90,000 Pool Deck (Allow) $ 15,000 Pool Specialties (Slide, Mushroom, etc) $ 100.000 Sub Total Building & Pool Cost $ 880,000 Architectural Fees ($ 880,000 x 8%) includes MEP, Pool & Structural Engineering $ 70,400 Other Architectural Expenses Civil Engineering $ 3,000 Reimbursable Expenses (Per AIA Contract) $ 4,400 Site Survey (estimate) $ 3 ,500 GeoTechnical Report (estunate) $ 2,500 Contingency $ 36.200 Total Project Budget $1,000,000 Proposed Project Scope Competition Pool (8 lanes x 25 yard course, 4.5' to 7' depth) Recreational Pool (0' depth to 3' depth with slide, mushroom, etc) Pool Deck Space Bath House (Heated, ventilated only no A/C, expandable) Office (10' x 12') Men's ADA Shower/Toilet Room (1 wc, 1 urinal, 1 lav) Women's ADA Shower/Toilet Room (2 wc, 1 lav) Men's Dressing Area (Bench with Hooks, no lockers) Women's Dressing Area (Bench with Hooks, no lockers) Entry Foyer Storage Walls/Circulation/Vending Parking (10 cars includes 1 handicapped space) Sidewalks (from parking to building) The design concept for the building and pool should allow for easy enclosure of the pool and deck at some future date. The Bath house should be expandable to include a classroom, weight training room, additional locker room and storage as well as possible concessions area Highest priority would be the pool and its equipment. They should be of the most current technology practical, and the highest quality that is affordable to minimize long term maintenance. This scenario does not currently include the diving well with equipment, this could add as much as $ 200,000 to the budget. This deficit could be made up by sacrificing most of the re...rational equipment such as water slides etc. We understand that you desire completion of the project by September or October of this year. We will do everything we can to meet this schedule. It is very ambitious, however, and will require the full cooperation of the City of Round Rock, Round Rock I.S.D. and Mother Nature in order to be met. The following milestones must be met in order to have a chance at completing the work in this time frame. Approve Schematic Design Complete Sitework Package Advertise Sitework Bids Open Sitework Bids Award Sitework Contract Approve Final Construction Documents Complete Construction Documents Advertise Pool & Bathhouse bids Open Pool & Bathhouse bids Award Pool & Bathhouse Site work contract ends Pool & Bathhouse contract ends January 26, 1995 January 31, 1995 January 29, 1995 February 5, 1995 February 16, 1995 February 23, 1995 March 24, 1995 March 31, 1995 April 2, 1995 April 9, 1995 April 19, 1995 May 11, 1995 May 30, 1995 September 30, 1995 75'x60' 4,500 sf 2,000 sf 6,300 sf 1 ,200 sf 120 sf 100 sf 120 sf 200 sf 200 sf 120 sf 200 sf 140 sf 1,000 sf Please let me know if these assumptions meet with your approval. We look forward to meeting with you next Tuesday, January 26, 1995 to discuss the project further. Once again, thank you for selecting O'Neill Conrad Oppelt Architects to assist with the development of this project. We are excited about the possibilities of the project, and we are confident we can create, with you, a project that all will be proud of. T H E , A M E R I C A N I N S T I T U T E O F A R C H I T E C T S BETWEEN the Owner: (.acne 1 addtrv) AIA Document B!91 Standard Form of Agreement Between Owner and Architect 1987 EDITION TIIIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the twenty sixth day of January in the year of Nineteen Hundred and ninety five. City of Round Rock 221 E. Main Street Round Rock, Texas 78664 and the Architect: O'Neill Conrad Oppelt Architects, Inc. (.v S addi'ss) 4039 Broadway San Antonio, Texas 78209 For the following Project: (include detailed description of Project. htcnItof, address and scope.) New Aquatic Center for the City of Round Rock at a site adjacent to the Round Rock High School. The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961. 1963, 1966, 1967 1970, 1974, 1977, 61987 by The American 'nu ltute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20004. Reproduction of the material herein or substantial quotation of Its provisions without written permission of the A!A violates the copyright laws of the United States and will be subject to legal prosecution. AK DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • Al e • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1775 NEW YORK ATENUE, N.W., WASHINGTON; D.C. 20006 11 8141 -1987 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES r 1.1.1 The Architect's services consist of those services per. (rimed 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 Architects senices shall he performed as exiled'. 'busty 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 Ow'ner's resiew and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule appr ed by. the Owner shall not. except for reasonable cause. he exceeded by the Architect or Owner. 1.1.3 The scrcices covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. 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 1 as part 411 Basic Services, and include normal strut coral. 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 limita- tions 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 Docu- ments consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Arc'hitec't shall submit No the Owner a preliminary estimate of Construction 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. AIA DOCUMENT 8111 • rw'NER ARI:III1ECT AORF.EMENT • Ftn'R1EEN1 n EDITION • AIA • AJ 19I r 111E AMERICAN 1W:1'1119 E OF ARt:I II1Er;TS. 1735 raw YORK AYENt'E, NW. %ASI IINul'orl. nt:. zttRK schedule or construction budget, the Architect shall prep:ue, for approval by the Owner, Design Development Documents consisting of drawings and other doe nts to fix and describe the size and character of the Project as to architectural. struc- tural, 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 docu- ments 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 Specifica- tions setting forth In detail the requirements for the construc- tion of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding Information, bidding forms, the Condi- tions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost Indi- cated by changes in requirements or general market conditkms. 2.4.4 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 Ow'ner'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 60 days after the date of Substantial Completion of the Work, unless extended under the terms of Subparagraph 10.3.3. t r 2.8.2 The Architect shall provide administration of the Con- tract for Constructidn 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 oldie 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. 8141.1987 2 2.8.4 The Architect shall he a representative of and shall advise and consult with the Owner (I) during construction until final payment to the Contractor is due, and (2) as an Additional Ser- vice at the Owner's direction from time to lime during the cur - rectiun 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. • 2.8.5 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 man. ner indicating that the Work when completed will be in accor- dance with the Contract Documents. however, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the hasps 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. (More extensity site r eyntsenmriu„ may be agreed to as an Additional Serrlce, as described in Paragraph 3.2.) 2.6.6 The Architect shall not have control over or charge of and shall not he 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 Contractors 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 accor- dance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contrac- tor, Subcontractors, or their agents or employees. or of any other persons performing portions of the Work. 2.6.7 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 spe. cially authorized. the Owner and Contractor shall communicate through the Architect. Communications by and with the Archi- tects consultants shall he through the Architect. 2.6.9 Rased on the Architects observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. 2.6.10 The Architects certification for payment shall consti- tote a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Pay- ment, that the Work has progressed to the point Indicated and that, to the best of the Architect's knowledge, information and belief, quality of the Work is In accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion. to results of subse- quent rests and Inspections, to minor deviations from the Con- tract Documents correctable prior to completion and to spe. rifle 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 certi- fied. however. the issuance of a Certificate for Payment shall not he a representation that the Architect has (1) made exhaus- tive or continuous on site inspections to check the quality or 3 B141.1987 quantity of the Work, (2) reviewed construction means, meth- ods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material sup- pliers 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. 2.8.11 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 implementa- tion 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 Docu- ments, 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 exer- cise such authority shall give rise to a duty or responsibility of the Architect to the Contractor. Subcontractors, rs, nmaterial and equipment suppliers, their agents or employees or other per- sons performing pxrrtions of the Work. 2.8.12 The Architect shall review and approve or rake other appropriatc.acuon upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken 551111 such reasonable promptness as to cause no delay in the Work or in the con- struction of the Owner or of separate contractors, while allow- ing sufficient time in the Architects professional judgment to permit adequate review. Review of such submittals is not con- ducted for the purpose of determining the accuracy and com- pleteness 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 Architect'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 Rent 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 equip- ment will meet the performance criteria required by the Con- tract Documents. 2.8.13 The Architect shall prepare Change Orders and Con- struction Change Directives, 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 Contrkt Sum or an extension of the Contract Time which are not inconsistent with the Intent of the Contract Documents. 2.6.14 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 assem- bled by the Contractor, and shall issue a final Certificate for Pay- ment upon compliance with the requirements of the Contract Documents. AIA DOCUMENT 8141 • OWNER ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA • ID I987 THE AMERICAN INSTITUTE OF ARCIIITECTS, 1755 NEW YORK AVENUE. N.W., WASHINGTON. D.C. 20006 2.6.15 The Architect shall interpret and decide matters con- cerning performance of the Owner 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. 2.6.16 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 Interpr4tatlons and initial deci- sions, the Architect shall endeavor to secure faithful perfor. mance 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. 2.6.17 The Architect's decisions on masters relating to aesthe- tic effect 511211 be final if consistent with the Intent expressed In the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters In ques- tion between the Owner and Contractor relating to the execu- tion or progress of the Work as provided In the Contract Documents. 2.6.19 The Architects decisions on claims, disputes or other matters, Including those In question between the Owner and Contractor, except for those relating to aesthetic effect as pro- vided In Subparagraph 2.6. shall be subject to arbitration as provided in this Agreement and in the Contract Documents. 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 com- mencing 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 Addi- tional Services are not required, the Architect shall have no 0611 - gatlon to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than Is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist In carn•- Ing 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 compen. sated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall he as described In the edition of AIA Document 11352 current as of the date of this Agreement, unless otherwise agreed. AIA DOCUMENT 6141 • OWNER.ARCHITECT AGREEMENT • FOURTEENTH 001510N • AIA• • ®1987 Ti IF. AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide further protec. tion 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 neces- sary by adjustments In the Owner's program or Proj- ect 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 fail- ure to render decisions in timely manner. 3.3.2 Providing services required because of significant changes In the Project including, but not limited to, size, qual- ity, complexity, the Owner's schedule, or the method of bid. ding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supposing 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 substi- tutions 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 constructkm, and fur- nishing 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 services In evaluating an extensive number of claims submitted by the Contractor or others In connection with the Work. 3.3.8 Providing services In connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect Is party thereto. kids or providing service! In connec • i rag, negotia- tion or cons t ' - . r e completion of the Construe- 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and prugrun- ming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or com- parative studies of prospective sites. B141 -1887 4 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. 3.4.8 Providing services to Investigate existing conditkms or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the of drawings or other Informati furnished by the Owner. 3.4.8 Providing coordination of construction perforated by separate contractors or by the Owner's own forces and coordi- nation of services required in connection with construction performed and equipment supplied by the Owner 3.4.9 Providing services In connection with the work of a con- struction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or Inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or In connection with the selection, procurement or Installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making Insestigatkuss, Inventories of materials or equip- ment, or valuations and detailed appraisals of existing facilities. 3.4.18 Preparing a set of reproducible record drawings show- ing 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 ur 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 Mal Certificate for Payment, or In the absence of a final Cer- tificate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 3.4.19 Providing services of consultants for other than archi- tectural, structural. mechanical and electrical engineering por- tions of the Project provided as 2 pan of Basic Services. 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 cri- teria, Including space requirements and relationships, fexl- bility, expandability, special equipment, systems and site requirements. 5 B141 - 1987 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 evi- dence 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 shall 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 surveys and legal information shall Include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- tions, boundaries and contours of the site; locations. Dimen- sions 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 2 project benchmark. 4.6 The Owner shall furnish the services of geolechnic l engi- neers 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 resis- tivity tests. Including necessary operations for anticipating sub- soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consul- tants when such services are reasonably required by the scope of the Project and are requested by the Architect. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests. inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, Including auditing services the Owner may require to verify the Contractors 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 Arcl itect shall be entitled to rely upon the accuracy and complet ress 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. 4.11 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 cenifica- tlons that would require knowledge or services beyond the scope of this Agreement. AIA DOCUMENT e1M1 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • 616 • 91987 THE AAIERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost 10 the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 i'he Construction Cost shall Include the cost at current market rates of labor and materials furnl1hed by the Owner and equipment designed, specified, selected or specially provided for by the Architect, phis a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance 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 way, financing or other costs which are the respon- sibility of the Owner as provided in Ankle 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 Con - straction Cost, if any, prepared by the Architect, represent the Architect's hest judgment as a design professional familiar with the construction Industry. It is recognized, however, that nei- ther 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 competitive 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 writing and signed by the panics 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, com- ponent systems and types of construction are to he Included In the Contract Documents, to make reasonable adjustments In the scope of the Project and to Include In the Contract Docu- ments 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 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 pro- vided In Subparagraph 5.2.3) is exceeded by the lowest Iona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an Increase In such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; AIA DOCUMENT 61/1 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA• • ®1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 .3 If the Project is abandoned, terminate in accordance with Paragraph 8.3; or .4 cooperate In rcvLsing the Project scope and quality as required to (educe 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 Con- tract 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 for 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 pre- pared 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 anti other reserved rights, Including the copyright. The Owner shall be permitted to retain copies, including repro- ducible 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 Archl- tect'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 compen- sation 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 deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION parties to this Agreement arising out of or relating to this Agr mcnt or breach thereof shall be subject to and decided • rbi- (ration In accordance with the Construction Indus.' Arbitra- tion Rules of the American Arbitration Associate currently in effect unless the parties mutually agree othe • Ise. 7.2 Demapd for arbitntlon shall be - d in writing with the other party to this Agreement an Ith the American Arbitra- tion Association. A demand fo • titration shall be made within a reasonable time after th- aim, dispute or other matter In question has arisen. In • . event shall the demand for arbitration be made after the - e when Institution of legal or equitable proceedings • I on such claim, dispute or other matter In question w •:. i be band by the applicable statutes of limitations. 7,3 : arbitration arising out of or relating to this Agreement s include, by consolidation, joinder or in any other manner, 8141 -1987 6 t to oration - • 1 constitute other matter In question not described In the written • sent or with a person or entity not named or described rein. The foregoing agree- ment to arbitrate and other - eements to arbitrate with an additional person or enti a my consented to by the parties to this Agreement shall -- specifically enforceable In accordance with applicable In any court having jurisdiction thereof. 7.4 lit - ard rendered by the arbitrator or arbitrators shall be nd judgment may be entered upon It in accordance with this Agreement signed by the Owner, Architect, and an person or entity sought to be joined. Consent Involving an additional person or entity shall consent to arbitration of any claim, dlsput r fin er ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by cider party upon not less than seven clays' written notice should the other party fail substantially to perform In accordance with the terms of this Agreement through no bull 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 sc• vices performed prior to notice of such suspension. \C'hen the Project Is resumed, time Architect's compensation shall he equi- tably adjusted to provide for expenses Incurred In the interngi- don and resumption of the Architect'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 riot Ice. 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 Archi- tect for services and expenses, the Architect may, upon seven days' written notice 10 the Owner, suspend performance of ser- vices 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. 8.6 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 Tertnination 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 ter- mination, as follows: .1 Twenty percent of the total compensation for Basic and Additional Services earned to date If termination occurs before or during the predesign, site analysis, or Schematic Design Phases; or 7 8141 -1997 .2 Ten percent of the total compensation for Basic and Additional Services earned to date if termination occurs during the Design Development Phase; or .3 Five percent of the totai compensation for Basic and Additional Services earned to date if termination occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS Arew•.Rt - * See Article 12.3 9.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201 , General Conditions of the Con- tract for Construction, current as of the date of this Agreement. 9.3 C..,...., .,( ..tl.,.. L.t...... 11,., i ...Ues to t1M., Age... pertaining to acts or failures to act shall be dee ave accrued and the applicable statutes of It.. - .ns shall com- mence to run not later than eith - • ate of Substantial Com- pletion for acs or falls > • act occurring prior to Substantial Completion, • •ate of Issuance of the final Certificate for Payn - • r acts or failures to act occurring after Substantial 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 cov- ered 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, hind themselves, their partners, successors, assigns and Icgai representatives to the other party to this Agreement and to the partners, succes- sors, 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 con- sent of the other. 9.8 This Agreement represents the entire and Integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action In favor of a third party against either the Owner or Architect. 9.8 Unless otherwise prqvided in this Agreement, the Architect and Architect's consuhadts shall have no responsibility for the discovery, presence, handling, removal or disposal of or expo- sure of persons to hanartlous materials in any forum at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to Include representa- tions 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 time Architect in writing of AIA DOCUMENT 0141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA• • ©1987 TIIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASIIINGTON, D.C. 20(06 the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and In the pro- motional 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 Architects personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions 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 compensa- tion for Basic and Additional Services and Include expenses Incurred by the Architect and Architect's employees and con- sultants in the Interest of the Project, as identified In the follow- ing Clauses. 10.2.1.1 Expense of transportation In connection with the Project; expenses In connection with authorized out-of-town travel; long - distance communications; and fees paid for secur- ing approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage and handling of Drawings, Specificatkms 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 professional liability Insurance, requested by the Owner In excess of that normally carried by the Architect and Architect's consultants. 10.2.1.6 Expense of computer -aided design and drafting equipment time when used in connection with the Project. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENTof five hundred 1 Doll (f500.00 shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 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 nf compensation, Including stipulated m ns, multiples or percentages. nod identify phases to 0 particular meibods of compensation apply. If noressen f f/„'�` ` i .sa<sf!• Eight percent WO of Construction Cost of Building, Site and Pool Facilities, and furnishings designed and drawn or specified by the Architect. AIA DOCUMENT Bill • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA. • 01907 TI IE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N-W-, WASHINGTON, D.C. 72006 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An Initial payment as set forth In Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices 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 ser- vices rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and any ponlons of the Project are deleted or otherwise not constructed. compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth In Subparagraph 11.2.2. based on (1) 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 psr- tlons of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the Architects Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services ren- dered or expenses Incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation 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 those for which the Architect has been found to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.8.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of 2 multiple of Direct Personnel Expense shall he avail- able to the Owner or the Owner's authorized representative at mutually convenient times. ) 8141 -1987 8 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: rrnrrrI additional phases as n)y,roprinte Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: puled as follows: Principal Architect $90.00/hr Project Architect $75.00 /hr Staff Architect $50.00 /hr Draftsman $25.00 /hr Clerical $30.00 /hr Principal Architect Project Architect Staff Architect Draftsman Clerical $90.00 /hr $75.00 /hr $50.00 /hr $25.00/hr $30.00 /hr fifteen percent (15%) twenty percent (20 %) forty percent(40 %) five percent( 5%) twenty percent(20 %) one hundred percent (100 %) Total Basic Compensation: 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com- 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 pan of Additional Services, but excluding ser- vices of consultants, compensation shall be computed as follows: (insert basis of compensation. Including rates and'or multiples / Direct Pm F. pence for Principals and employees, and identify Principals and classify employees, if required Identify sperl(k services to .,bleb particular methods / compensation rgsply. if necessary.) 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 pan of Additional Services, a multiple of one point one ( 1.1 ) times the amounts billed to the Architect for such services. (identify specific Opel of consultants in Article 11. q ...pint 0 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described In Paragraph 10.2. and times my e other items Included by thArchitect, Article e 2 thc Reimbursable bu le Expenses, a multiple of one point one ( 1. ) expenses employees and consultants In the Interest of the Project. 11.5 ADDITIONAL PROVISIONS r 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within eighteen ( 18 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be • compensated 25 provided In Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable thirty ( 30 ) days from the date of the Architect's Invoice. Amounts unpaid sixty ( 60 ) 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. (timer, rot / InIrrrsl agreed upon.) 1% per month (('son fetal and requirements under the Federal Truth ill Lending Art. similar slate and local consumer credit tatty and other regulations at sir ()ewer's and Arrhl- sct's principal places It business. for loraslm of Ilse Project and elsen Mere may affect lb. t Wldlty of Ibis pra•kbn. Specific legal advice should be obtained dins respect 50 deletions or modifications. and also regarding requirements sorb as urine+ dpdosores Or ,alma.) AIA DOCUMENT Bill • OWNER - ARCIIITECT AGREEMENT • FOURTEENTH EDITION • AIA• • 01987 9 8141 -1987 TIIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 28006 11.5.3 The rates and multiples set forth for Additional Services shall he annually adjusted in accordance with normal salary review practices of the Architect. (Insert descmpnnns of other senicns, Identify Additional Sen•hes indosied within Basic Compensation and modifications to Ibe pas•mnsl and compensation lens ,ndnded MOM ARreemnnt.) 12.1 The following Additional Services will be required: Civil Engineering per Article 3.4.19 $3,000.00 12.2 The following Reimbursable Expenses should be anticipated: 12.3 This agreement is governed by the laws of the State of Texas and is performable in Williamson County, Texas. 12.4 Mediation - change Artical 7 to read: This Agreement entered into as of the day and year Ors written above. OW • Out of office printing $2,500.00 In office printing 200.00 Long Distance Telephone 200.00 Shipping & Postage 500.00 Mileage 1,000.00 $4,400.00 ARTICLE 12 OTHER CONDITIONS OR SERVICES The parties shall endeavor to settle disputes by mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. Demand for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in auestion has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ARCHITECT (Signature) t ilt (Signature) 2/ IfRLES eabo /"P6e /29Ayf - Mark A. 0ppelt, Principal (Primed name and title) (Printed name and title) MA DOCUMENT 8141 • OWNER.ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA• • 01987 TIIE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N W., WASHINGTON. D.C. 20006 B141 -1987 10 DATE: January 24, 1995 SUBJECT: CITY COUNCIL MEETING, JANUARY 26, 1995 ITEM: 10.B. Consider a resolution authorizing the Mayor to enter into an agreement with O'Neill Conrad Oppelt Architects, Inc. for the swimming pool project. STAFF RESOURCE PERSON: Sharon Prete STAFF RECOMMENDATION: Approval Staff recommends that we hire O'Neill Conrad Oppelt Architects, Inc. for the design and construction of the City's second swimming pool to be located at RRHS. As Council will recall, this firm provided technical assistance to the Swimming Pool Task Force and produced a feasibility study at Council request. ECONOMIC IMPACT: Council has already set aside one million dollars for the construction of the capital improvement. In addition annual operation and maintenance costs will be incurred. Revenue generating programs will be offered to help off -set costs.