Oklahoma City Zoology Trust
Regular MeetingOklahoma City, OK · September 24, 2025
Agenda
By The City of Oklahoma City Office of the City Clerk at 12:01 pm, Sep 23, 2025
OKLAHOMA CITY ZOOLOGICAL TRUST
Meeting Agenda
Zoo Administration Building, Savanna Conference Room
September 24, 2025 - 4:30 p.m.
OKLAHOMA CITY ZOOLOGICAL TRUST MEMBERS
Vicki Howard, Chairperson Camal Pennington, Councilperson, Ward 7
Jon Trudgeon, Vice-Chairperson Dustin Fredrick
Pama Palmer, Secretary Aimee Salalati
David Holt, Mayor Derek Albro
Heather Ross, Surrogate to the Mayor
Craig Freeman, City Manager Dwight Lawson, PhD, Executive Director/CEO
LaShawn Thompson, Surrogate to the City Manager
INFORMATION ABOUT OKLAHOMA CITY ZOOLOGICAL TRUST MEETINGS
The Oklahoma City Zoological Trust meets on the fourth Wednesday of each month at 4:30 p.m. in the Zoo
Administration Building, located at 2000 Remington Place, Oklahoma City, Oklahoma 73111. Free parking
is available in the Zoo parking lot.
It is the policy of the Oklahoma City Zoological Trust to ensure that communications with participants and
members of the public with disabilities are as effective as communications with others. Anyone with a
disability who requires an accommodation, a modification of policies or procedures, or an auxiliary aid or
service in order to participate in this meeting should contact the Zoo at 405-425-0231 as soon as possible, but
not later than 48 hours (not including weekends or holidays) before the scheduled meeting. The Zoo will give
primary consideration to the choice of auxiliary aid or service requested by the individual with disability. If
you need an alternate format of the agenda or any information provided at said meeting, please contact the
Zoo at 405-425-0231 at least 48 hours prior to the scheduled meeting.
ADDRESSING THE OKLAHOMA CITY ZOOLOGICAL TRUST
Citizens may address the Trust on certain items by signing up to speak and providing the agenda item number,
their reason for appearing, and their address, but all comments must be relevant to the item. Citizens may
also address the Trust at the end of the agenda under “Citizens to be heard.” Please contact the Zoo at 405-
425-0231 at least 48 hours prior to the meeting, and leave a message that includes your name, the agenda item
number, and the reason you would like to speak. Staff will submit requests received to the Chair. Please limit
your comments to three (3) minutes or less.
The Chair or presiding officer may, in his or her discretion, prohibit a person from addressing the Trust, or
have any person removed from the Auditorium, if that person commits any disorderly or disruptive behavior.
Disorderly conduct includes, but is not limited to, any of the following: speaking without being recognized by
the Chair or presiding officer; continuing to speak after notice that the speaker’s allotted time has expired;
presenting comments or material not relevant to the item under discussion; failing to comply with the lawful
instructions of the Chair or presiding officer; or engaging in other conduct, activity, or speech that delays,
disturbs, interferes, or disrupts the effective or timely conduct of the meeting, or is otherwise violent,
threatening, abusive, obscene, or jeopardizes the safety of self or others. A person may also be subject to
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arrest and removal from the Auditorium for violation of Oklahoma City Municipal Code 2020, § 3081 –
Disorderly conduct and/or violation of 21 Okla. Stat. § 280 – Willfully Disturbing, Interfering with or
Disrupting State Business, Agency Operations or Employees.
TRUST ACTIONS
Official action can be taken only on items which appear on the agenda. The Trust may adopt, approve, ratify,
deny, defer, recommend, amend, strike, or continue any agenda item. Other actions may also be taken.
When more information is needed to act on an item, the Trust may refer the matter to the Executive
Director/CEO or the Municipal Counselor. The Trust may also refer items to standing committees of the
Trust for additional study.
Under certain circumstances, items are deferred to a specific later date or stricken from the agenda entirely.
CONSENT DOCKET
Items listed under “Consent Docket” are usually approved as a group with the proper motion from a member
of the Trust. Members of the Trust may request discussion or separate action on any item on the Consent
Docket.
For more information about the Oklahoma City Zoological Trust, please call 405-424-3344.
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AGENDA
I. Meeting Minutes
A. Minutes of August 27, 2025, Oklahoma City Zoological Trust Meeting
.................................................................................................................................................. Pages 4-6
II. Staff and/or Committee Updates
A. Financial Report of August, 2025 ..................................................................................... Pages 7-10
III. Items for Individual Consideration
A. Agreement for Design Services with Holland Basham Architects for
Project MZ-0081, Stingray Touch Pool Experience and Exhibit at the
Oklahoma City Zoo and Botanical Garden A&E ........................................................ Pages 11-46
B. Enter into Executive Session to Discuss the Annual Evaluation of the
Executive Director/CEO, Dwight Lawson, as Authorized by 25 O.S.
(2024 Supp.) § 307 (B)1 AND/OR Resolution Establishing a New
Annual Salary and Effective Date for Executive Director/CEO,
Dwight Lawson.................................................................................................................. Pages 47-49
IV. Items from Trustees
V. Staff Reports
A. Executive Director’s Report
VI. Citizens to Be Heard
VII. Adjournment
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JOURNAL OF
TRUST PROCEEDINGS
AUGUST 27, 2025
Trustees Present: Jon Trudgeon, Vice-Chairperson
Pama Palmer, Secretary
Heather Ross, Surrogate to the Mayor
LaShawn Thompson, Surrogate to the City Manager
Camal Pennington, Councilperson, Ward 7
Derek Albro
Dustin Fredrick
Aimee Salalati
Staff Present: Dwight Lawson, Executive Director/CEO
Rebecca McReynolds, Chief Financial Officer
Trevor Leonard, Chief Operations Officer
Greg Heanue, Chief Marketing Officer
Tammy Burnett, Chief Human Resources Officer
Dahrenda Mitchell, Director of Guest Services and Membership
Matt Word, Chief Technology Officer
Rebecca Snyder, Chief Missions Programs Officer
Corey Janvin, Director of Capital Projects
Mandy Heaps, Executive OZS Director
Kate Winters, Executive Assistant
Others Present: Bailee Richards, Assistant Municipal Counselor, City of Oklahoma City
Amy Tharnish, Allen, Gibbs & Houlik, LC
Agenda Topics
I. Receive Minutes
A. Minutes of July 23, 2025
APPROVED. Moved by Trustee Pama Palmer. Seconded by Trustee Derek Albro.
AYES: Trustees Jon Trudgeon, Pama Palmer, LaShawn Thompson, Dustin Fredrick, Derek Albro, Aimee Salalati.
II. Receive Staff and/or Committee Updates
A. Financial Reports of June 2025.
CFO, Rebecca McReynolds, provided the financial report of June 2025.
MOVED. Moved by Trustee Dustin Fredrick. Seconded by Trustee Pama Palmer.
AYES: Trustees Jon Trudgeon, Pama Palmer, Heather Ross, LaShawn Thompson, Camal Pennington, Dustin
Fredrick, Derek Albro, Aimee Salalati.
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Oklahoma City Zoological Trust
August 27, 2025
Page 2 of 3
B. Financial Reports of July 2025.
CFO, Rebecca McReynolds, provided the financial report of July 2025.
MOVED. Moved by Trustee Derek Albro. Seconded by Trustee Dustin Fredrick.
AYES: Trustees Jon Trudgeon, Pama Palmer, Heather Ross, LaShawn Thompson, Camal Pennington, Dustin
Fredrick, Derek Albro, Aimee Salalati.
C. FY 23-24 Audit Report.
CFO, Rebecca McReynolds introduced Amy Tharnish, with Allen, Gibbs & Houlik, LC, who reported on Audit
details.
MOVED. Moved by Trustee Dustin Fredrick. Seconded by Trustee Pama Palmer.
AYES: Trustees Jon Trudgeon, Pama Palmer, Heather Ross, LaShawn Thompson, Camal Pennington, Dustin
Fredrick, Derek Albro, Aimee Salalati.
III. Items for Individual Consideration
A. Approve Amphitheater Transaction Report by Gate 52 detailing investments to date of $2,290,457.20 in Additional
Manager Improvements; Approve Amphitheater Capital Improvements Letter granting Renewal Terms to Gate 52
as written in the Management and Operating Agreement.
CEO, Dwight Lawson, explained the capital improvements transaction report and renewal terms.
MOVED. Moved by Trustee Derek Albro. Seconded by Trustee Heather Ross.
AYES: Trustees Jon Trudgeon, Pama Palmer, Heather Ross, LaShawn Thompson, Camal Pennington, Dustin
Fredrick, Derek Albro, Aimee Salalati.
IV. Items from Trustees
A. Trustees Pennington, Thompson, Ross, and Fredrick conveyed how many positive comments they have heard
about the renovations at the Zoo Amphitheatre. Trustee Pennington also reminded everyone about the upcoming
Town Hall focused on GO Bond and Olympics on September 4th Ward 7 residents. Trustee Ross also wanted to
thank Mandy and Zoo staff for a lovely baby elephant visit and Trustee Trudgeon wanted to commend all Zoo
partners, including SSA and Gate 52.
V. Staff Reports
A. Animal Care – Unfortunately, over the weekend we lost Boomer, one of our male cheetahs, we are waiting on tests
results to come back. Okapi calf was born on Sunday and will find out the gender tomorrow. Other baby news:
Yucatan box turtle hatchling from adults from a confiscation, bird team is hand-rearing two juvenile lorikeets, and
our female langur is pregnant. Primate team is working on cardiac ultrasound and blood pressure training for the
gorillas.
B. Human Resources – Turnover started at 2.35% for the fiscal year. Volunteer program continues to grow.
C. Conservation, Education, Science – Preschool is full and on a waiting list! Pre-k kids now have vests they wear on
their zoo hikes. Wrapped up a busy summer camp and implemented a nature connective survey for camp kids and
results were positive. Dr. Emily Geest took Zoo staff to Camp Gruber to conduct insect surveys and collaborative
with other researchers across Oklahoma and Missouri. Lead the Sri Lanka conservation trip and we had a great time
with a highlight getting to spend time with SLEP research team.
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Oklahoma City Zoological Trust
August 27, 2025
Page 3 of 3
D. PR & Marketing – Attendance for July was 9% above our monthly goal with only 25% being free or discounted. In
July, we had 88% satisfaction in our visitor surveys, unveiled Gayla Peevey’s statue with the mayor in attendance,
and National Zookeeper week was celebrated with strong engagement on social media. World Elephant Day was
celebrated on August 2nd and we kicked off our partnership with the OKC Animal Welfare to promote dog adop-
tions. For September, the Curbside Chronicle’s September issue is on sale now, Primate Day is on September 6th,
and on Tuesday, September 9th we will host a private screening event Oklahoma’s Own: Migration Event. Other
September events include: Clifford, the Big Red Dog visit, Coyote Run, and ZooBrew.
E. OZS Update – 17th Annual ZooBrew is scheduled for September 26th with new experiences like a Safari Speakeasy.
We will host 21 total brewers and vendors. The Organizations benefitting from ZooBrew are Grace and Recon-
nector (?). The 1902 Society has a current 60% retention rate and a review of the most popular sponsorship op-
portunities and a breakdown of the growth in donor engagement through visits were shared. The team has been
focused on prospecting new donors through connecting with members who frequently attend the Zoo.
F. Executive Director update – Introduced Corey Janvin, the new Director of Capital Projects and a thank you was shared to
Trevor who has led the extension agreement with Gate 52. Dwight briefed the Trust on recent communications among
Beck Design and the Public Works regarding the Shore 2 Sea project. Following discussion, there was agreement to recom-
mend a dual approach of having Public Works negotiate a fee, if any, with Beck Design for a stand-alone penguin habitat,
and then put out a new RFQ if those negotiations are not favorable.
VI. Citizens to be Heard.
A. None.
VII. Adjournment
There being no further business to come before the Trust, the Chairperson declared the meeting adjourned at 5:52pm.
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MEMO
To: Oklahoma City Zoological Trust
From: Dwight Lawson, Rebecca McReynolds
Date: September 24, 2025
FY-26 Financial Summary as of August 31, 2025
FY- 26 FY- 26 Variance FY- 25 Variance Act- Variance
Attendance: Actuals Budget Amount Variance % Actuals Last Year %
Current Month 91,653 73,300 18,353 25.0% 71,407 20,246 28.4%
Year to date 178,740 153,100 25,640 16.7% 152,027 26,713 17.6%
Operating Revenue:
Current Month $1,066,467 $934,175 $132,292 14.2% $838,848 $227,619 27.1%
Year to date 2,532,114 2,155,281 376,833 17.5% 1,896,256 635,858 33.5%
Per-Capita Revenue for the month was $11.64. Year to date per capita revenue is $14.17 which is $0.09 more than the budget of $14.08.
Other Revenue:
Current Month $175,820 $128,578 $47,242 36.7% $102,338 $73,482 71.8%
Year to date 719,939 695,728 24,211 3.5% 615,840 $104,099 16.9%
Operating Expenses:
Current Month 1,819,340 1,934,839 ($115,499) -6.0% 1,658,199 $161,141 9.7%
Year to date 4,147,941 4,793,920 (645,979) -13.5% 3,073,516 1,074,425 35.0%
Operating Profit (Loss):
Current Month ($577,053) ($872,086) $295,033 -33.8% ($717,013) $139,960 -19.5%
Year to date ($895,889) ($1,942,910) 1,047,021 -53.9% ($561,421) (334,468) 59.6%
Sales Tax Revenue:
Current Month $1,669,816 $1,541,825 $127,991 8.3% $1,490,112 $179,704 12.1%
Year to date 3,215,514 3,035,350 180,164 5.9% 3,020,919 194,595 6.4%
Net Income (Loss):
Current Month $1,092,764 $669,738 $423,026 63.2% $773,099 $319,665 41.3%
Year to date 2,319,626 1,092,440 1,227,186 112.3% 2,459,498 (139,872) -5.7%
Annual YTD Budget
Capital/Other: Budget Expenses Remaining %
Capital Improvements $500,000 $890 $499,110 99.8%
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OKLAHOMA CITY ZOOLOGICAL TRUST
FY 2025-26 Capital Projects
Department Project Name Budget YTD Exp Balance Status
Carnivore Predator Pass Trees 7,000.00 - 7,000.00 Not Started
Grounds/Hort Power Washer 5,000.00 - 5,000.00 Not Started
Grounds/Hort Green Works 10,000.00 - 10,000.00 Not Started
Grounds/Hort Irrigation 11,430.00 - 11,430.00 Not Started
Grounds/Hort Tree Installation 30,000.00 - 30,000.00 Not Started
Housekeeping Trash cart replacement 35,000.00 - 35,000.00 Not Started
IT New Plaza Sound System 35,000.00 - 35,000.00 Not Started
Sam Moore Aviary Painting and Siding
Maintenance Replacement 9,800.00 890.06 8,909.94 In Process
Maintenance Bat Floor Replacement 12,000.00 - 12,000.00 Not Started
Maintenance Club Car Lithium Battery Upgrades 20,500.00 - 20,500.00 Not Started
Maintenance Concrete Path Repair/Replacement 50,000.00 - 50,000.00 Not Started
Boardwalk and Handrail
Maintenance Replacement/Repair 75,000.00 - 75,000.00 Not Started
Maintenance Perimeter Fence
Maintenance Replacement 80,500.00 - 80,500.00 Not Started
Maintenance HVAC 100,000.00 - 100,000.00 Not Started
Marketing Haunt the Zoo Props 18,000.00 - 18,000.00 Not Started
Contingency 770.00 - 770.00
Total CIP Budget 500,000.00 890.06 499,109.94
Other: Contingency Fund $500,000
Department Project Name Budget YTD Exp Balance Status
Administration Small Project Planning 15,000.00 - 15,000.00 Not Started
Birds Bald Eagle Shelter 5,000.00 - 5,000.00 Not Started
Birds Mesh Netting Over Avian Habitats 9,750.00 - 9,750.00 Not Started
Maintenance Lotus Handrails 4,150.54 4,150.54 - In Process
Maintenance Tram Floor & Seat Replacement 17,736.42 17,735.42 - In Process
Zoo Supply Line
Maintenance Pressure Valve Reducer 30,683.00 30,683.00 - Complete
Total CIP Budget 82,319.96 52,568.96 29,750.00
Balance Available: 417,680.04 447,431.04
Master Plan/Capital Projects Planned Expenses Balance Status
Master Plan Shore to Sea (MZ-0069/MZ-0070) 26,000,000.00 4,016,241.29 21,983,758.71 Project to be redesigned
Master Plan WellLines/Pump Houses/Tower 1,200,000.00 241,747.08 958,252.92 In Process
Master Plan Oklahoma City Aquarium 507,800.00 424,906.69 82,893.31 Planning stage
Master Plan African Plateau Phase 1 281,400.00 - 281,400.00 Not started
Master Plan Reptile/Jungle Gym 2,189,996.00 - 2,189,996.00 Not started
Master Plan Cat Forest Updates - - - Planning stage
Capital Project Solar Panels-Elephant Bldg 275,000.00 - 275,000.00 Not started
Capital Project Elephant Shade Structure 126,978.59 126,978.59 - In process
Capital Project Splash Pad Remodel 200,000.00 - 200,000.00 Not started
Capital Project Great Escape HVAC 78,107.96 78,107.96 - In process
Capital Project Oklahoma Trails Life Support - - Not started
Capital Project Insurance Repairs 5,358.58 5,358.58 - In process
Capital Project White Naped Crane Yard - - Not started
Capital Project Large Habitat Servicing - - Not started
Total 30,864,641.13 4,893,340.19 25,971,300.94
Grants Budget Expenses Balance Status
Grant Asphalt Project 250,000.00 - 250,000.00 Awarded - FY 2025
Grant Carport and EV Purchases 282,096.00 - 282,096.00 Awarded
Total 532,096.00 - 532,096.00
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OKLAHOMA CITY ZOOLOGICAL TRUST
INCOME STATEMENT SUMMARY
FOR THE TWO MONTHS ENDING 8/31/2025
CURRENT MONTH YEAR TO DATE
ACTUAL BUDGET LAST YR ACTUAL BUDGET LAST YR
REVENUES:
ADMISSIONS $439,123 $404,584 $308,631 $944,324 $1,002,709 $823,315
ANIMAL SHOW ADMISSIONS 13,641 7,801 7,706 30,677 17,319 20,457
ANIMAL FEEDINGS 22,447 19,038 21,436 45,524 42,269 52,795
FOOD & BEVERAGE/VENDING 69,175 79,201 102,895 151,358 175,845 194,534
CONCERTS 105,000 105,000 105,000 210,000 210,000 175,000
RIDES 45,521 31,829 27,834 92,539 70,666 75,458
MERCHANDISE COMMISSION 44,751 48,754 35,784 97,085 108,245 96,208
STROLLER/RENTALS/WILD ENC 51,910 46,367 40,363 111,587 102,416 106,156
EDUCATION 53,097 46,203 22,584 116,754 97,713 24,380
PROMOTIONS 35,302 39,411 52,503 79,904 81,400 66,400
MEMBERSHIP 171,228 101,689 112,624 634,705 237,154 258,367
OTHER 15,273 4,299 1,489 17,658 9,545 3,186
TOTAL OPERATING REVENUE 1,066,467 934,175 838,848 2,532,114 2,155,281 1,896,256
COST OF GOODS SOLD 0 0 0 0 0 0
GROSS MARGIN $1,066,467 $934,175 $838,848 $2,532,114 $2,155,281 $1,896,256
100.00% 100.00% 100.00% 100.00% 100.00% 100.00%
OPERATING EXPENSES:
SALARIES 1,075,960 1,111,334 981,465 2,268,179 2,699,039 1,601,846
BENEFITS 300,743 300,693 273,761 615,095 663,577 383,044
SUPPLIES 43,440 58,803 54,496 84,699 139,001 98,261
UTILITIES 80,086 106,197 29,236 163,166 211,543 98,823
OUTSIDE SERVICES 153,986 155,140 154,739 349,564 380,046 296,834
ANIMAL CARE 49,023 78,783 65,877 132,071 210,536 128,157
OTHER 116,103 123,890 98,625 535,168 490,178 466,552
TOTAL OPERATING EXPENSE 1,819,340 1,934,839 1,658,199 4,147,941 4,793,920 3,073,516
OTHER REVENUES:
LEASES 0 0 (37,277) 369,484 369,483 369,483
CONTRIBUTIONS 9,371 8,578 8,202 20,299 86,245 21,956
INTEREST 166,450 120,000 131,413 330,156 240,000 224,400
TOTAL OTHER REVENUE 175,820 128,578 102,338 719,939 695,728 615,840
OPERATING INCOME (LOSS) (577,053) (872,086) (717,013) (895,889) (1,942,910) (561,421)
TRANSFERS
NET INCOME (LOSS) ($577,053) ($872,086) ($717,013) ($895,889) ($1,942,910) ($561,421)
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OKLAHOMA CITY ZOOLOGICAL TRUST
BUDGET ANALYSIS
FOR THE TWO MONTHS ENDING 8/31/2025
CURRENT MONTH YEAR TO DATE
ACTUAL BUDGET LAST YR ACTUAL BUDGET LAST YR
REVENUES:
GUEST EXPERIENCE $686,568 $637,573 $544,649 $1,473,094 $1,519,470 $1,368,923
GROUP EVENTS 105,000 105,000 105,000 210,000 210,000 175,000
OTHER 274,900 191,602 189,200 849,021 425,812 352,333
TOTAL OPERATING REVENUE 1,066,467 934,175 838,848 2,532,114 2,155,281 1,896,256
OPERATIONAL EXPEND BY DIVISION:
ADMINISTRATIVE 280,671 317,138 281,612 889,704 922,647 706,612
ANIMAL 459,370 450,729 386,795 947,071 1,149,257 664,950
MARKETING & INTERPRETIVE SVC 98,593 85,300 94,243 204,441 247,148 178,604
BUILDING & GROUNDS 492,130 545,965 433,392 1,021,930 1,246,976 742,466
EDUCATION 113,497 135,388 91,039 250,189 321,596 150,661
VISITOR SERVICES 232,974 246,664 213,636 507,643 536,512 373,174
VETERINARY 142,106 153,655 157,481 326,962 369,784 257,048
TOTAL OPERATING EXPENSE 1,819,340 1,934,839 1,658,199 4,147,941 4,793,920 3,073,516
NET OPERATING REVENUE (752,873) (1,000,664) (819,351) (1,615,827) (2,638,639) (1,177,260)
OTHER REVENUE:
SALES TAX FUND REVENUE 1,669,816 1,541,825 1,490,112 3,215,514 3,035,350 3,020,919
CONTRIBUTIONS 9,371 8,578 8,202 20,299 86,245 21,956
OTHER REVENUE 166,450 120,000 94,136 699,640 609,483 593,883
TOTAL OTHER REVENUE 1,845,637 1,670,403 1,592,450 3,935,453 3,731,079 3,636,758
NET REVENUE BEFORE DEPRECIATION
AND CAPITAL EXPENDITURES $1,092,764 $669,739 $773,099 $2,319,626 $1,092,440 $2,459,498
OPERATING REVENUE/EXPENSE RATIO 58.62% 48.28% 50.59% 61.05% 44.96% 61.70%
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TO: Chair and Trustees of the Oklahoma City Zoological Trust
FROM: Dwight Lawson, Executive Director/CEO
DATE: September 24, 2025
SUBJECT: Agreement for Design Services with Holland Basham Architects for Project
MZ-0081, Stingray Touch Pool Experience and Exhibit at the Oklahoma
City Zoo and Botanical Garden A&E.
Background: On May 29, 2025, a Request for Qualifications for Stingray Touch Pool
Experience and Exhibit at the Oklahoma was submitted on the Electronic
Bidding System. The Scope of Work for the Stingray Touch Pool Experience
and Exhibit consists of designing an interactive exhibit including a touch
pool and associated Life Support System (LSS) facility.
The RFQ selection committee conducted three interviews of the ranked
Consultants on July 30th and July 31st, 2025.
A finalized Agreement for Design Services is presented herein for the Trust’s
consideration of approval.
Recommendation: Agreement be approved.
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CONTRACT FOR ARCHITECTURAL SERVICES
This Contract for Architectural Services for the Stingray Touch Pool Experience and Exhibit
("Contract") is entered into this ____ day of ________________________, 20_____, by and
between the Oklahoma City Zoological Trust, a municipal trust (“Trust”), and Holland Basham
Architects ("Architect").
WITNESSETH:
PROJECT NO. MZ-0081
STINGRAY TOUCH POOL EXPERIENCE AND EXHIBIT
FIXED LIMIT OF CONSTRUCTION – TO BE DETERMINED
WHEREAS, the Trust intends to direct the Architect to provide for design and all other
architectural services related to design an interactive exhibit including a touch pool and associated
Life Support System (LSS) facility, including partial demolition of the existing concrete grotto
structure providing an area of approximately 8,150 square feet next to the existing lake at the
Oklahoma City Zoo and Botanical Garden ("project"); and
WHEREAS, the Architect will provide professional services for the project in accordance
with this Contract, including the scope of work incorporated herein and as set forth in Exhibit A
attached hereto; and
WHEREAS, the Architect has been selected under the standards adopted and the procedures
prescribed by the resolution establishing procedures for selection of architects and engineers adopted
by the City Council on July 23, 1974, amended on December 31, 1974, February 21, 1978, January
22, 1980, November 18, 1986, and August 29, 2023, which resolution, with its amendments, is made
a part of this Contract by reference.
NOW, THEREFORE, in consideration of the mutual covenants contained hereinafter
relating to the project, the parties agree to the following:
1. Definitions. All terms and phrases not expressly defined herein shall have their ordinary
meanings, consistent with Oklahoma and Oklahoma City law, except where the context
clearly indicates a different meaning. For purposes of this Contract, the following terms and
phrases shall have the meaning subscribed herein:
A. Bidding Documents Those documents required to construct, renovate and/or
modernize the project, including but not limited to
standard provisions, special provisions, drawings, plans
and specifications.
B. City The City of Oklahoma City, a municipal corporation.
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Architectural Services Contract Page 1
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C. City Engineer The officer of the City of Oklahoma City or designee,
e.g., “Project Manager, in charge of engineering,
construction and maintenance contracts on public
rights-of-way, on public lands and capital improvement
projects.
D. Executive Director
of the Zoo The officer of the Trust and Chief Executive Officer of
the Oklahoma City Municipal Zoological Park assigned
by the Trust to administer the business of the Trust,
herein called the “Executive Director.”
E. Fixed Limit of Construction Not-to-exceed amount which has been designated as the
maximum amount for the construction cost of the
project.
2. Architectural Services. The Architect is hereby engaged and employed by the Trust to
perform in accordance with good architectural practices and in the best interest of the Trust in
accordance with the professional standard of care all of the work as set out herein and
including Exhibit A, which is attached hereto and incorporated as a part of this Contract.
Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary
duty owed by either party to the other party. The Architect will provide services associated
with research, development, design and construction, alteration, and/or repair of real property
and improvements thereon, as well as incidental services that members of these professions
and those in their employ may logically or justifiably perform, including but not limited to
studies, investigations, questionnaires, evaluations, consultations, planning, programming,
conceptual designs, design development, plans and specifications, cost estimates,
observations, shop drawing reviews, sample recommendations, assemble operating and
maintenance manuals, site visits and other related services. In addition, the Architect will
provide the following:
A. Conceptual Design Report – Task 1A
See Exhibit A for the Scope of Work related to this Task.
B. Preliminary Report Services - Task 1B
(1) Prepare schematic design studies, including review and comment of the project
and a design development document/preliminary report. The Architect shall
prepare schematic design studies consisting of drawings and other documents
illustrating the scale and relationship of project components for approval by
the City Engineer. The Architect shall prepare from the approved schematic
design studies the design development document/preliminary report consisting
of drawings and other documents to fix and describe the size and character of
the project as to structural, mechanical and electrical systems, preliminary site
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Architectural Services Contract Page 2
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drawing, materials and such other essentials as may be appropriate. The
preliminary site drawing shall include a topographical survey of the site,
layout of any existing proposed and/or recommended sanitary sewers, water
lines, storm sewers, all other underground obstructions, street improvements,
site drainage and detention studies as appropriate, any and/or all of which
might affect the construction of this project. The design development
document/preliminary report shall include, if applicable, a drainage study to
determine one hundred (100) year flood elevation; these computations shall be
included in preliminary report. When required a drainage report shall be
submitted at appropriate design stages, 30%, 65%, 95% and a final report with
a set of plans and calculations that match the final construction plans. All
plans shall be submitted with the appropriate title sheet as indicated on the
Public Works web page okc.gov.
(2) Prepare a construction cost estimate of the improvements, extensions and
repairs, and an estimate of all architectural fees, testing costs, site surveys and
inspection fees in connection therewith.
(3) Hold all necessary conferences with the Trust and all other interested parties
(inclusive is the requirement for the Architect to ensure all utility and right-of-
way/easement requirements are well established prior to Preliminary Report
submittal). This includes the conduct of a Utility Conference by the Architect
at a location determined by the Trust.
(4) Prepare the design development document/preliminary report for submittal to
the Trust covering the Architect's preliminary surveys, studies, investigations
and other items as specified in paragraph "Basic Services" A. (1), (2) and (3)
and Exhibit A hereof. If applicable, the report shall include a drainage study
with complete computations and calculations and shall cover the total
construction work by phases or sections and shall recommend to the Trust the
order of construction and completion of each phase of construction.
(5) Furnish the Trust up to two (2) hard copies and one (1) PDF copy of the
preliminary report free of cost to the Trust. The cost of any additional copies
of preliminary reports as the Trust may require will be reimbursed at the actual
cost thereof.
(6) Geotechnical Investigation:
a. The Architect will recommend to the Trust the name of a geotechnical
investigation/services firm from the Trust’s listing of annual on-call
engineering and testing laboratory contract firms.
b. The Architect will identify and coordinate all requirements for
geotechnical investigation and procure all geotechnical services related
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thereto, including but not limited to sampling, test boring, subsurface
explorations, analysis and other investigations required for determining
conditions and geotechnical recommendations for foundations and paving
design. Identify and coordinate sampling and analysis of water and other
substances as appropriate.
c. The Trust will approve the selected laboratory and the Architect will pay
the costs of such sampling, analysis, borings, tests, or explorations and
investigations.
(7) Prepare legal descriptions for the necessary temporary and permanent
easements and prepare legal descriptions necessary for property to be acquired
on forms provided by the Trust. Additionally, provide right-of-way ownership
maps showing locations and dimensions of right-of-way to be acquired and
assist the Trust when requested in negotiations with owners of property
acquired for or affected by the improvements. When requested by the Trust,
the Architect will provide a proposal for staking of right-of-way for right-of-
way acquisition purposes. Said right-of-way staking (when authorized by the
Trust) will be billed to the Trust at the actual cost thereof in accordance with
the “Payments” paragraph of this contract.
(8) Review and recommend approval of testing laboratory claim vouchers within
ten (10) calendar days of receipt of claim.
(9) The preliminary report shall be recommended by the Executive Director for
formal Receipt by the Trust.
B. Final Plan Services - Task 2
(1) Prepare final plans, specifications and construction cost estimate.
(2) After approval of the design development document/preliminary report in
whole or in part by the Trust, the Architect shall proceed as directed in writing
by the City Engineer to prepare detailed plans and specifications, using
wherever applicable, Trust standards, details and specifications for such work.
The Architect shall complete said plans and specifications for submission to
the Trust for its approval.
a. Scale for plan and profile sheets for preliminary and final plans shall
be approved by the City Engineer prior to preparation of plans.
b. Aerial photographs will not be permitted for plan and profile sheets of
the final construction plans.
c. The Architect shall indicate on final plan and profiles all water lines,
sanitary sewer lines, gas lines, oil lines, telephone conduits and all
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other underground obstructions which might affect the construction of
the project
(3) Should it be necessary to extend or relocate public utilities, storm sewer,
sanitary sewer, waterlines, or paving, the Architect shall enlist the aid of a
Registered Professional Engineer to prepare construction documents as may be
required for these improvements and submit same to the City Engineer for
approval. Detailed construction plans will be required on all storm sewer,
sanitary sewer, waterlines, and paving construction and shall include the
following:
a. Plan and profile of all proposed improvements. Indicate right-of-way
and/or easement, state whether existing or to be acquired.
b. Include complete drainage map and calculations, detail of special
structures, typical paving section, manhole detail, storm sewer inlet
details, etc.
c. All such plans must be signed and sealed by a Professional Engineer
registered in the State of Oklahoma.
d. The horizontal scale used on plan and profile sheets shall be 1"=30' or
1"=40'. The vertical scale shall be 1"=3' or 1"=4'.
e. Sheet size shall be 24" x 36".
f. All street returns shall have a minimum thirty (30) foot radii.
Driveway returns shall have a minimum of twenty (20) foot radii.
g. On construction plans the streets should reflect the name, existing
surface and existing and proposed right-of-way width.
h. All utility easements shall have a minimum width of fifteen (15) feet.
i. All elevations shown on the plans shall be based on United States
Geological Survey datum.
The Architect shall assemble said plans and specifications for submission to
the Trust for their approval.
(4) Notify all known utility companies and other entities with facilities affected by
the proposed Project. Furnish one (1) copy of the plans to each of the utility
companies and entities as determined necessary. Coordinate necessary utility
and facility relocations or modifications for the Project and conduct a final
conference at 60% plans.
(5) When required, the 60% submittal shall include a complete drainage report.
This report shall include all storm sewer design calculations to support the
storm sewer design included in the 60% plans. The design calculations in this
report shall conform with the storm sewer systems shown in the plans and
shall include all drainage area maps; runoff calculations; storm sewer inlet,
pipe, and other structure design calculations. This report shall incorporate any,
and all, comments in reference to the storm sewer design that were included in
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the review of the Preliminary Report submittal.
Furnish the Trust one (1) PDF copy of the project 60% plans for review along
with a detailed Fixed Limit of Construction cost estimate for said
improvements, extensions and repairs. This submittal does not stop, impact or
otherwise delay the Architect’s contract-allotted work order time for
completion and submittal of final plans and specifications. Incorporate all
recommended changes prior to submittal of the 95% final plans and
specifications.
(6) When required the 95% submittal shall include a complete drainage report.
This report shall include all storm sewer design calculations to support the
storm sewer design included in the 95% plans. The design calculations in this
report shall conform with the storm sewer systems shown in the plans and shall
include all drainage area maps; runoff calculations; storm sewer inlet, pipe, and
other structure design calculations that are required for a complete review of
the storm sewer system design. This report shall incorporate any, and all,
comments in reference to the storm sewer design that were included in the
review of the Preliminary Report and 60% plan submittal.
Upon completion of 95% final plans, the Architect will submit to the project
manager one (1) PDF copy of the plans and specifications for review by
appropriate departments/divisions. Upon completion of the “check print”
reviews, the Architect shall revise the plans accordingly. The Project Manager
shall resolve any conflicts in comments. Upon completion of corrections, the
Architect will then submit a final plans check set (along with the annotated
“check print” copies) for a “final” review by the Project Manager.
(7) When required the Final Plan submittal shall include a complete drainage
report. This report shall include all storm sewer design calculations to support
the storm sewer design included in the Final plans. The design calculations in
this report shall conform with the storm sewer systems shown in the plans and
shall include all drainage area maps; runoff calculations; storm sewer inlet,
pipe, and other structure design calculations that are required for a complete
review of the storm sewer system design. This report shall incorporate any,
and all, comments in reference to the storm sewer design that were included in
the review of the Preliminary Report and 95% plan submittal.
Upon final approval by the Project Manager, prepare and furnish the Trust an
electronic copy of all final plans and specifications, all necessary forms for
Electronic Bidding and advertisements for Bids, subject to approval of the
Trust, employing standard Trust forms, in completed form.
Furnish the Trust one (1) PDF of the final plans and specifications along with
one (1) printed full size set and two (2) printed half-size sets, all free of cost to
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the Trust. The cost of any additional copies of plans and specifications as the
Trust may require will be reimbursed at the actual cost thereof.
(8) Meet with the Trust or its representatives at any time requested for
consultation or conference as directed in writing by the City Engineer and/or
Executive Director.
(9) Prior to the submission of Bidding Documents to the Trust for solicitation of
Bids, the Architect shall submit plans and specifications required for the
granting of all necessary building permits.
(10) Prepare all necessary plans, studies and applications for submission to City,
State and Federal authorities as may be required for the initiation, prosecution,
construction and for approval of grants and permits at no additional cost to the
Trust.
(11) It is the Architect’s responsibility to determine the building permits required
for the project. The Architect shall submit complete sets of separate plans for
each permit required.
(12) Final design shall include the establishment of permanent horizontal and
vertical alignment control points throughout the entire project limits of all
storm sewers, sanitary sewers, paving, water and/or appurtenances. The
Architect shall provide a permanent bench mark within two hundred (200) feet
of the beginning and ending of the proposed construction. All surveys and
control points shall be tied to the City’s GIS control network and datum.
C. Bidding Services - Task 3
(1) Meet with the Trust or its representatives at any time requested for
consultation or conference, as directed in writing by the City Engineer. In this
connection, the Architect shall hold at least one (1) Pre-Bid Conference with
prospective Bidders at a location determined by the Trust.
(2) Answer all Trust and Bidder's questions regarding the bidding of the project
and, upon approval by the City Engineer, prepare an electronic copy of all
addendums for distribution.
(3) The Trust will receive the Bids through the Electronic Bidding System and the
Architect will receive a copy of the Bids from the Trust. The Architect will
review and evaluate the Bids and will make recommendations to the Trust for
an award. The Architect shall assist, review and make recommendations to the
Trust on all construction contract issues.
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(4) If Bids are received, all of which exceed the Fixed Limit of Construction, the
Architect shall revise its plans as directed by the Trust, pursuant to the
paragraph “Fixed Limit of Construction” of this Contract.
D. Construction Administration Services - Task 4
(1) The Architect shall provide administration of the construction contract during
construction and until final payment is made to the Construction Contractor.
The Architect will have the authority to act on behalf of the Trust only to the
extent provided in this Contract, unless otherwise modified by written
instrument.
(2) Meet with the Trust or its representatives at any time requested for
consultation or conference as directed in writing by the City Engineer and/or
Executive Director.
(3) Assist in coordination of pre-work conferences for the Construction
Contractor, the Trust and all other interested parties. The Trust will issue all
work orders for the project.
(4) Establish permanent horizontal and vertical alignment control points
throughout the entire project limits from which the Construction Contractor
shall set its control for construction (if applicable to this project, the Architect
will also provide bridge centerline horizontal and vertical control points).
Provide a permanent benchmark within two hundred (200) feet of the
beginning and ending of the proposed construction. All surveys and control
points shall be tied to the City’s GIS control network and datum. Construction
staking is to be performed by the Construction Contractor. The Architect will
periodically review the Construction Contractor’s construction staking survey
field notes and the actual staking to verify line and grade in accordance with
the Bidding Documents.
(5) Provide interpretation of the plans and specifications in accordance with the
intent of the Bidding Documents. Such interpretations shall be made upon
request of the Trust and its representatives or the Construction Contractor, in
an effort to safeguard the Trust against defects and deficiencies in the
construction. When making such interpretations and decisions, the Architect
will endeavor to secure faithful performance by the Construction Contractor.
The Architect does not guarantee the performance of the contract by the
Construction Contractor, nor is it responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in
connection with the work, and it shall not be responsible for a Construction
Contractor's failure to carry out the work in accordance with the Bidding
Documents.
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(6) Perform coordination of the work of inspection bureaus and laboratories
selected by the Trust for the inspection and testing of construction materials.
Receive reports and recommend approval or rejection of the materials based
upon reports made by such laboratories or bureaus. The costs of all such tests
and inspection by laboratories or bureaus will be paid by the Trust.
(7) Review and recommend approval of testing laboratory claim vouchers within
ten (10) calendar days of receipt of claim.
(8) The Architect shall visit the site with qualified architectural, civil, structural,
mechanical, electrical, etc., representatives at intervals appropriate to the stage
of construction to become familiar with the progress and quality of the work.
The Architect will further determine, in general, if the work is being
performed in a manner indicating that the work, when completed, shall be in
accordance with the Bidding Documents. However, the Architect is not
required to make exhaustive or continuous on-site inspections to check quality
or quantity of the work. The Architect will keep the Trust informed of
progress of the work in an effort to safeguard the Trust against defects and
deficiencies of the work. The Architect does not guarantee the performance of
the contract by the Construction Contractor, nor is it responsible for
construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the work, and it shall not
be responsible for a Construction Contractor's failure to carry out the work in
accordance with the Bidding Documents.
(9) Review all necessary information for monthly estimates of the quantity of
work performed, and review the claim vouchers for payments to be made to
the Construction Contractor during the progress of the work and upon
completion of any and all work and report the same to the Trust.
(10) Review the Construction Contractor's final request for payment and certify
that, to the best of its knowledge and industry standards, the completed work
conforms to plans and specifications.
(11) Prepare and keep a record of the work performed by any contractor on this
project and file with the Trust a monthly progress report covering the work
performed by the Construction Contractor. The progress report shall be
attached to the Construction Contractor's claim for partial or monthly payment.
(12) Except as otherwise provided in this contract, communications with the
Architect's consultants will be through the Architect. Communications with
the Construction Contractor's subcontractors and material suppliers will be
through the Construction Contractor. Communications with other Trust
contractors will be through the Trust. The Architect shall be available at all
times for the purpose of communication.
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(13) The Architect shall recommend rejection to the City Engineer of work that
does not conform to the Bidding Documents. At any time during construction,
the Architect may be given the authority to require additional inspection or
testing of the work by the City Engineer.
(14) The Architect shall review for conformance with Bidding Documents, and
approve or take other appropriate action upon the Construction Contractor's
submittals, such as shop drawings, product data and samples. The Architect's
review of submittals will be promptly completed, but no longer than fourteen
(14) calendar days from receipt of submittals. 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, all of
which remain the responsibility of the Construction Contractor as required by
the Bidding Documents. The Architect's review of the Construction
Contractor's submittals will not relieve the Construction Contractor of its
contractual obligation to the Trust as required by the Bidding Documents. The
Architect's review of the Construction Contractor's submittals will not
constitute approval of safety precautions or of any 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.
(15) The Architect shall reply to Construction Contractor's requests for information,
prepare clarification drawings, prepare change orders, field orders,
amendments, field changes and construction change directives. The Architect
may recommend minor changes in the work, not inconsistent with the intent of
the Bidding Documents. Such recommended changes shall be made by
written order approved by the City Engineer and shall be binding upon the
Construction Contractor.
(16) The Architect shall conduct observations and inspections as required to
determine the quality of work to be accepted and the date or dates of final
completion and acceptance. The Architect shall receive and forward to the
Trust all written warranties and any related documents required by the Bidding
Documents and assembled by the Construction Contractor. The Architect will
recommend approval of the Construction Contractor's final certificate of
payment upon completion of the work and compliance with the requirements
of the Bidding Documents.
(17) The Architect will review daily reports furnished by the Trust’s inspector to
evaluate and determine compliance with the Bidding Documents. Significant
variations between reported conditions and the Bidding Documents shall be
verified by the Architect and resolved with the Construction Contractor and
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the Trust. The Architect's duty to review daily reports and initiate remedial
action shall not extend to the Construction Contractor's construction means,
methods, techniques, sequencing or procedures or for safety precautions and
programs in connection with the work.
(18) The Architect shall maintain a record (“log”) of all documents it receives,
creates or transmits during the construction of the project. The log shall
include time requirements of responses if needed.
E. As-Built Drawing Services - Task 5
(1) Upon termination or completion of this Contract, the Architect shall, at its
expense, correct the original drawings, show all as-built changes based on
information from the Construction Contractor, reflecting the actual
construction of the project and shall furnish the Trust, without expense,
electronic files on CD ROM in the latest AutoCAD version 2013 compatible
with the City of Oklahoma City’s current software and a PDF file in color.
All written comments, changes or other markings on the final drawings must
be highlighted in RED color.
(2) Upon termination or completion of this Contract, the Architect shall also
furnish the Trust, without cost to the Trust, all basic calculations used in the
design of the structures and original field notes on all land surveys, at which
time Architect shall receive the retained portion of its fee as provided in
Exhibit B of this Contract.
(3) The Architect shall submit GPS permanent benchmark with as-built drawings.
(4) For all building/facility projects, the Architect shall provide to the Trust an
Operations and Maintenance (O&M) Manual (three copies) covering all
systems and equipment constructed, installed or remodeled as a part of the
construction project.
3. Additional Services. Additional Services, as enumerated in Exhibit B-1 attached hereto and
incorporated herein, are not included as Basic Services and shall only be provided upon prior
written direction from the Executive Director of the Zoo, acting within the limits of state law,
the Charter and ordinances of the City of Oklahoma City and policies established by the
Trust. Any Additional Services performed pursuant to the above written direction shall be
paid in accordance with the “Payments” paragraph of this Contract.
4. No Extra Work. No claims for extra work of any kind or nature or character shall be
recognized by or be binding upon the Trust unless such work or service is first approved in
writing by the Trust.
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5. Compensation. The aggregate total compensation for all architectural services under this
Contract shall not exceed a total fee of $285,000, which includes: for Basic Services an
amount not to exceed $255,000, and for Reimbursable Expenses an amount not to exceed
$22,000, as specifically set forth in Exhibit B, attached hereto and incorporated herein; and
for Additional Services, as set forth in Exhibit B-1, an amount not to exceed $8,000.
6. Payments.
A. Payment of claims for incremental work completed on each task may be submitted.
Invoices for the amount and value of the work and services performed by the
Architect shall be submitted monthly to the Trust and shall meet the standards of
quality as established under this Contract. Invoices will include the percentage of
completion for each task and payment will be made based on the percentage of the
task fee completed. The Trust agrees to pay the Architect, as compensation for such
architectural services as listed herein. The invoices shall be prepared and submitted by
the Architect and be accompanied by a status report identifying the task components,
effort accomplished during the time period, and the percentage of completion thereof,
to the Trust. Payment of any invoice for any work or services is not deemed to be
recognition of satisfactory performance of said work or services or a waiver of any
right of the Trust or any obligation of the Architect should it be determined later that
said work or services were negligently performed or provided or were not performed
or provided in accordance with the standards required by this Contract. Surveyors or
other professional consultants engaged by the Architect for the normal structural,
electrical or mechanical engineering services shall be billed to the Trust by the
Architect at the actual cost thereof.
B. The Architect shall present two (2) copies of the invoice with two (2) properly
executed claim vouchers to the Trust for compensation and payment. The Trust will
review the invoice and claim voucher for payment. Should the Trust question or
request additional documentation or disapprove all or a portion of any invoice, the
Architect will be notified so that it may provide additional documentation sufficient to
demonstrate the invoice and claim should be paid, in whole or in part; provided,
however, no invoices or claims shall be paid the aggregate of which are in excess of
the "not to exceed" amounts or limitations established in Exhibit B.
C. Final payment shall not be deemed to waive any rights or obligations of the parties to
this Contract.
7. Indemnity. The Architect will not be required to indemnify, insure, defend or hold harmless
the Trust against liability for damage arising out of death or bodily injury to persons or
damage to property which arises out of the negligence or fault of the Trust or their agents,
representatives, subcontractors, suppliers or any other entity for whom the Architect is not
otherwise legally responsible.
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The Architect must indemnify the Trust against liability for damage arising out of death or
bodily injury to persons or damage to property; provided, that indemnification shall not
exceed an amount that is proportionate to the degree or percentage of negligence or fault for
which the Architect and any person or entity for which the Architect is legally responsible
are adjudicated liable.
8. Insurance. Prior to approval of this contract, the Architect shall obtain insurance coverage
as provided below. The Architect must provide, pay for, and maintain the types of insurance
policies provided herein, in amounts of coverage not less than those set forth below.
Certified, true and exact copies of all insurance policies required and endorsement pages
shall be provided to the City and its participating trusts on a timely basis if requested by City
staff. The Architect will provide the Certificate(s) of Insurance to the City and its
participating trusts with the executed contract (contract will not be processed for approval
without the contract-required verification of insurance indicated on the Certificate(s) of
Insurance). Certificate(s) of Insurance must be insurance industry standard forms, such as
ACORD.
All insurance must be from responsible insurance companies which are authorized to do
business in the state of Oklahoma and are acceptable to the City and its participating trusts.
The required insurance coverage and policies shall be performable in Oklahoma City,
Oklahoma, and shall be construed in accordance with the laws of Oklahoma.
Nothing in this Section shall define or limit the rights of any party to this Contract under any
other provision of this Contract, including but not limited to any indemnification provision.
A. Additional Insureds: All liability policies (except professional liability and worker’s
compensation and employer’s liability policies) shall provide that the City and its
participating trusts are named additional insureds without reservation or restriction.
All insurance coverage of the Architect shall be primary to any insurance or self-
insurance program carried by the City and its participating trusts.
All insurance policies shall include a severability of interest provision wherein claims
involving any insured hereunder, except with respect to limits of insurance, interests
shall be deemed separate from any and all other interest herein, and coverage shall
apply as though each such interest was separately insured.
Subrogation as to any additional insured shall be waived.
B. Deductibles: All policies must be fully insured with any single policy deductible
not exceeding $25,000 per occurrence. All deductibles must be declared on the
certificate of insurance. If no deductible is declared, the Architect is stating a
deductible does not exist and thus a deductible is not approved or accepted. If the
Architect’s deductible is higher than declared, then the City and its participating
trusts will hold an equal amount from pay claims until corrected.
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Self-insured retentions will not be accepted unless accompanied by a bond (financial
guarantee bond) or irrevocable letter of credit guaranteeing payment of the losses,
related investigations, claim administration and defense expenses not otherwise
covered by the Architect’s self-insured retention.
C. Policy Limits: The insurance coverage and limits required of the Architect under this
Contract are designed to meet the minimum requirements of the City and its
participating trusts. Such coverage and limits are not designed as a recommended
insurance program for the Architect. The Architect alone shall be responsible for the
sufficiency of its own insurance program. Should the Architect have any question
concerning its exposures to loss under this Contract or the possible insurance
coverage needed therefore, the Architect should seek professional assistance.
Except for professional liability insurance, all policies shall be in the form of an
“occurrence” insurance coverage or policy. If any insurance is written in a “claims-
made” form, the Architect a minimum of two years from the expiration of this
Contract.
The minimum aggregate limits of such insurance policies and continuing coverage
shall be:
(1) Worker's Compensation and Employer’s Liability Insurance. The Architect
shall provide and maintain, during the term of the Contract, worker's
compensation insurance as prescribed by the laws of the state of Oklahoma
and employer's liability Insurance in an amount not less than One Hundred
Thousand Dollars ($100,000.00) each for all its employees employed at the
site of the Project, and in case any work is subcontracted, the Architect shall
require the subcontractor similarly to provide worker's compensation and
employer's liability insurance for all the subcontractor's employees, unless
such employees are covered by the protection afforded by the Architect. In
the event any class of employees engaged in work performed under the
Contract or at the site of the Project is not protected under such insurance
heretofore mentioned, the Architect shall provide and shall cause each
subcontractor to provide adequate insurance for the protection of the
employees not otherwise protected.
(2) Commercial General Liability Insurance. The Architect shall provide and
maintain commercial general liability insurance coverage sufficient to meet
the maximum cumulative liability of all parties to this Contract, including the
City and any public trust participating in the Project, under the Governmental
Tort Claims Act, 51 O.S. § 151 et seq., (GTCA) and any amendment or
addition thereto, as provided herein.
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Property damage liability in an amount not less than Two Hundred
Thousand Dollars ($200,000.00) per claimant for loss, damage to or
destruction of property, including but not limited to consequential
damages arising out of a single accident or occurrence.
All other liability in an amount not less than One Hundred Seventy
Five Thousand Dollars ($175,000.00) per claimant for claims
including death, personal injury, and all other claims arising out of a
single accident or occurrence.
Single occurrence or accident liability in an amount not less than One
Million Dollars ($1,000,000.00) for any number of claims arising out
of a single accident or occurrence.
(3) Automobile Liability Insurance. The Architect shall provide and maintain
comprehensive automobile liability insurance coverage as to the ownership,
maintenance, and use of all owned, non-owned, leased or hired vehicles
sufficient to meet the maximum cumulative liability of all parties to this
Contract, including the City and any public trust participating in the Project,
under the Governmental Tort Claims Act, 51 O.S. § 151 et seq., (GTCA) and
any amendment or addition thereto, unless otherwise specifically and
expressly provided herein.
Property damage liability in an amount not less than Two Hundred
Thousand Dollars ($200,000.00) per claimant for loss, damage to or
destruction of property, including but not limited to consequential
damages arising out of a single accident or occurrence.
All other liability in an amount not less than One Hundred Seventy
Five Thousand Dollars ($175,000.00) per claimant for claims
including death, personal injury, and all other claims arising out of a
single accident or occurrence.
Single occurrence or accident liability in an amount not less than One
Million Dollars ($1,000,000.00) for any number of claims arising out
of a single accident or occurrence.
(4) Professional Liability Insurance. The Architect shall provide and maintain
professional liability insurance coverage in an amount not less than
$1,000,000 aggregate annual limit liability. Such insurance coverage shall be
maintained during this Contract, during the construction of the Project, and
for a period of two (2) years after the final, formal acceptance of this Project
by the Trust.
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D. Certificates: The insurance coverage and limits required must be evidenced by
properly executed certificates of insurance on the form furnished by the Trust or on
forms approved by the Oklahoma Insurance Commissioner. Copies of these
certificates have been provided to the City Engineer prior to execution of this
Contract and are attached hereto. The certificate(s) must be signed by the authorized
representative of the insurance company(s) shown in the certificate(s). The
certificate must include the Project number and Project description or name.
E. Cancellation. There may be no termination, non-renewal, reduction in coverage, or
modification of such insurance coverage.
The Architect authorizes the City and its participating trusts to confirm all
information so furnished as to the Architect’s compliance with its bonds and
insurance requirements with the Architect’s insurance agents, brokers, surety and
insurance carriers. The lapse of any insurance policy or coverage required by this
Contract is a breach of this Contract for which the Architect shall repay and
reimburse all payment made under the Contract and such other damages, losses, and
costs incurred by the City and its participating trusts. The City and its participating
trusts may at their option suspend this Contract until there is full compliance with
this paragraph, or may cancel or terminate this Contract and seek damages for the
breach of this Contract. The remedies in this paragraph shall not be deemed to waive
or release any remedy available to The City and its participating trusts. The City and
its participating trusts expressly reserve the right to pursue and enforce any other
cause or remedy in equity or at law.
In the event of a reduction in any aggregate limit below the aggregate limit required
to this contract, the Architect shall immediately notify the City and its participating
trusts and shall make reasonable efforts to have the full amount of the limits
appearing on the certificate reinstated. If at any time the City and its participating
trusts request a written statement from the insurance company(s) as to any
impairments to or reduction of the aggregate limit below the aggregate limit required
by this contract, the Architect hereby agrees to promptly authorize and have
delivered to the City and its participating trusts such statement.
The Architect must carry and maintain the contract-required insurance coverages and
may not cancel, fail to be renewed, nor decrease their limits without thirty (30) days
written notice to the City and its participating trusts. In the event that a contract-
required insurance coverage (policy) is canceled by the Architect’s insurance
company and through no fault of the Architect, the Architect must immediately
provide written notice to the City and its participating trusts and immediately provide
properly executed Certificate(s) of Insurance evidencing coverage (policy)
replacement of the canceled coverage(s). The Certificate(s) of Insurance must
specifically indicate (in the remarks section of the form or elsewhere) the project
number and project description. An authorized representative of the insurance
companies listed on the Certificate(s) of Insurance must sign the Certificate(s).
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F. Duration of Coverage. All insurance coverage required under this Contract except
professional liability insurance shall be maintained in full force and effect until
completion and formal acceptance of the Project by the City and its participating
trusts. The Architect shall maintain in full force in effect the required professional
liability insurance stated above during this Contract, during the construction of the
Project, and for a period of two (2) years after the final, formal acceptance of this
Project by the City and its participating trusts.
The requirements of the insurance provisions listed above shall survive the
completion, expiration, cancellation or termination of this Contract.
G. The Architect and its insurer will not be required to indemnify, insure, defend or hold
harmless the Trust against liability for damage arising out of death or bodily injury to
persons or damage to property which arises out of the negligence or fault of the Trust
or their agents, representatives, subcontractors, suppliers or any other entity for whom
the Architect is not otherwise legally responsible.
The Architect and its insurer must indemnify the Trust against liability for damage
arising out of death or bodily injury to persons or damage to property; provided, that
indemnification shall not exceed an amount that is proportionate to the degree or
percentage of negligence or fault for which the Architect and any person or entity for
which the Architect is legally responsible are adjudicated liable.
9. Termination for Convenience. The Trust may terminate this Contract (with or without
cause), in whole or in part, for the Trust's convenience. The Trust may terminate by delivery
of a notice to the Architect, pursuant to paragraph “Notices” herein.
Upon receipt of the notice of termination, the Architect shall (1) immediately discontinue all
work and services affected (unless the notice directs otherwise), and (2), deliver to the Trust
all work performed, documents, data, drawings, specifications, reports, calculations, field
notes, tracings, plans, models, computer files, estimates, summaries and other information
and materials accumulated in performing this Contract, whether complete or incomplete
unless the notice directs otherwise.
Upon termination for the convenience by the Trust, the Trust shall pay the Architect for all
work and services rendered, up to the time of the notice of termination, in accordance with the
terms, limits and conditions of this Contract and as further limited by the not to exceed
amounts set out in this Contract.
The rights and remedies of the Trust provided in this paragraph are in addition to any other
rights and remedies provided by law or under this Contract.
Termination herein shall not terminate or suspend any of the required provisions of paragraph
“Indemnity” or “Insurance” of this Contract.
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10. Notices. All notices given pursuant to this Contract shall be in writing, delivered or mailed
by United States mail, postage prepaid or faxed (with hard copy follow up by mail or
delivery) and addressed as follows:
To the Trust:
The Oklahoma City Zoological Trust
% Oklahoma City Zoological Park
2000 Remington Place
Oklahoma City, Oklahoma 73111
Attn: Dwight Lawson, Executive Director/Chief Executive Officer
Phone Number: (405) 424-3343 Fax Number: (405) 424-0207
To the Architect:
Holland Basham Architects
119 S 49th Avenue
Omaha, NE 68164
Attn: Mike Eckmann
Phone Number: 402-551-0800
The address of any person or party may be changed by notice to the other party, given in the
manner described above. All such notices shall be deemed received when delivered.
11. Stop Work. Upon notice to the Architect, the Trust may issue a stop work order suspending
the performance of work and/or services under this Contract. The stop work order shall not
terminate or suspend any of the required provisions of paragraph “Indemnity” and/or
“Insurance” of this Contract
12. Compliance with Laws, Ordinances, Specifications and Regulations. The Architect shall
comply with all existing and applicable federal, Oklahoma and Oklahoma City laws,
standards, codes, ordinances, administrative regulations and all amendments and additions
thereto, applicable to the work and/or services provided by this Contract. All work product
provided by the Architect must comply with and provide for compliance with all Oklahoma
and Oklahoma City laws, standards, codes, ordinances, administrative regulations and all
amendments and additions thereto in the use of the work product of the Architect. All work
product provided by the Architect must specifically direct and must provide sufficient
information and contacts for the Construction Contractor to comply with all Oklahoma and
Oklahoma City laws, standards, codes, ordinances, administrative regulations, and all
amendments and additions thereto, in the use of the work product of the Architect and
performance by the Construction Contractor.
13. Records and Accounts. During the term of this Contract and continuing for a period the
longer of five (5) years after the final acceptance of the completed project by the Trust, or
until the final resolution of any outstanding disputes between the Trust and the Architect or
the contractor(s) on the project, the Architect shall maintain: all documents, notes, drawings,
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specifications, reports, estimates, summaries, renderings, models, photographs, field notes,
as-built drawings, information, survey results, plans, computer files and any other materials
produced, created or accumulated in performing this Contract that have not been submitted to
the Trust subsequent to final completion of the project and its internal accounting records, and
other supporting documents pertaining to the claims and/or invoices for costs of work and/or
services of this Contract. The Architect must maintain its accounting records in accordance
with generally accepted accounting principles applied on a consistent basis. The Architect
shall permit periodic audits by the Trust and the Trust's authorized representative. The
periodic audits of the records in support of claims and invoices for the Contract shall be
performed at times and places mutually agreed upon by the Trust and Architect. Agreement
as to the time and place for audits may not be unreasonably withheld.
14. Reporting to the Trust. The Architect shall report to the Trust on a regular monthly basis
and on an as needed basis.
15. Prohibition Against Collusion. The Architect warrants that it has not employed or retained
any company or person other than a bona fide employee working solely for the Architect to
solicit or secure this Contract. The Architect further warrants that it has not paid or agreed to
pay any person, company, corporation, individual or firm, other than a bona fide employee
working solely for the Architect, any fee, commission, percentage, gift, or any other
consideration, contingent upon or resulting from the award or making of this Contract. In
addition, the Architect must execute the Anti/Non-Collusion Affidavit, attached as Exhibit C,
prior to the effective date of this Contract.
16. Sub-consultant, Subcontractor or Employee Conflict of Interest. Any work performed by
the Architect’s employees, sub-consultants or subcontractors on this project shall prohibit said
persons from contracting with, working for, or otherwise assisting any potential Bidder to do
any project-related work for the Bidder which may in any way be (or construed to be) a
conflict of interest. It is the responsibility of the Architect to require all employees, sub-
consultants, or subcontractors engaged by the Architect of any business relationship (formal
or otherwise) which may pertain directly or indirectly to this project and/or which may in any
way be (or construed to be) a conflict of interest. The Architect will subsequently notify the
Trust of any such business relationship and/or conflict of interest. Any conflict of interest
discovered by the Trust may be cause for rejection of the Bid in question and/or cancellation
of the Architect’s contract.
17. Work Orders. The Architect shall proceed with the provision of work and/or services for
this Contract upon receipt of work orders from the Executive Director. The Architect shall
complete and submit the Conceptual Design Report within 45 calendar days of date of written
work order from the Executive Director, and shall complete and submit the Preliminary
Report Services - Task 1 within 36 calendar days of date of written work order from the
Executive Director (for engineering services contracts, this work order includes completion
and submittal of the limited ownership list within thirty (30) calendar days of the date of the
work order), and shall complete and submit the Final Plan Services - Task 2 within 50
calendar days of date of written work order from the Executive Director. For either
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Preliminary Reports/Plans or Final Plans and Specifications, the Trust will endeavor to
review and return comments and/or corrections (if any) to the Architect within thirty (30)
calendar days from date of receipt of the documents from the Architect. Subsequently, the
Architect shall return the corrected documents along with check print copies (if applicable)
within thirty (30) calendar days from date of the City’s transmittal letter directing corrections.
If the Architect cannot perform the work and/or services within the time provided, and upon
the submission by the Architect of a request in writing to the Trust, indicating the length of
extension required to perform a task, the Executive Director may in his sole discretion grant a
reasonable extension of time. The request from the Architect shall state the reason for the
extension request, along with evidence showing that the Architect is unable to complete this
work in the time specified in the work order for reasons beyond its control. The Architect is
prohibited from claiming damages for delays and extensions of time.
18. Ownership of Documents. All documents, notes, drawings, specifications, reports,
estimates, summaries, computer files, renderings, models, photographs, field notes, as-built
drawings, information, survey results, plans, and any other materials produced, created or
accumulated in performing this Contract, are and shall remain the property of the Trust and
may be reproduced, distributed and published in whole or part without permission or any
additional payments or fees to the Architect. Reuse of said documents by the Trust shall be at
the Trust's risk and responsibility and not that of the Architect. The parties may use any
portions of said documents at their own risk and responsibility. During preparation of design
documents, the Architect shall do weekly backups of CADD computer files and maintain said
backups in a safe and secure off-site location. These back up CADD computer files are the
property of the Architect.
19. References Not Incorporated. The use of language or definitions from the Federal
Acquisition Regulations ("FAR"), the American Institute of Architects ("AIA") or any other
publication, are not intended to adopt by reference or otherwise any or all of the language,
definitions, regulations or publications or any interpretation thereof.
20. Standard of Care. In providing the work and services herein, the Architect shall maintain
during the course of this Contract the standard of reasonable care, skill, diligence and
professional competency for such work and/or services. The Architect agrees to require all of
its consultants, by the terms of its consultants' contracts, to provide services at the same
standard of expert care, skill, diligence and professional competence required of the
Architect.
21. Fixed Limit of Construction. If the lowest and best Bid proposed in response to the
solicitation of Bids for construction of the project, in accordance with the Bidding Documents
provided by the Architect, exceeds the Fixed Limit of Construction or funds available for this
project, the Architect, at no increase or additional cost to the Trust shall redesign the project
and redraft the Bidding Documents so that the construction Bids pursuant to a subsequent
solicitation come within the Fixed Limit of Construction.
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22. Design Corrections. The Architect agrees to make any necessary corrections to the designs,
drawings, specifications or other documents, work or services furnished, when such
documents or services contain any errors, deficiencies or inadequacies caused by the
Architect, at no cost to the Trust. The Architect further agrees to be liable for any damages
caused by its negligence and/or the negligent failure to timely discover and/or make such
necessary corrections. The Architect is not relieved of liability for design errors, deficiencies
or inadequacies undiscovered by the Trust upon its review or inspection, nor is the Architect
relieved from liability for the Trust's lack of review or inspection of said documents.
23. Backup Required. In accordance with good architectural practices, the Architect must back
up all data, surveys, tests, work, plans, specifications, notes, calculations, RFI, records,
reports, documents (collectively referred to as “data”) in the form of an electronic file on a
USB drive, data storage, or to an offsite electronic storage facility. Should any data become
lost, corrupted, inaccessible, or unusable (collectively “loss”), the Architect must timely
recreate all data within the original time frame of the Architect contract at its sole cost. No
extensions or additional time will be granted the Architect for loss of data. No additional
payment or reimbursement will be made to the Architect for loss of data. The Architect will
be responsible for any and all costs, expenses, or lost opportunities incurred by The City,
Trust, and construction contractor resulting from the failure to meet schedules, milestones,
performance standards, or performance requirements related to loss of data.
24. Notice of Design Limitations. The Architect will immediately advise the Trust at any time it
believes that the project being designed will exceed, or is likely to exceed, the allocated cost
for construction as set forth in this Contract.
25. Sub-consultants. The Architect agrees to submit for approval by the Trust, prior to their
engagement, a list of any sub-consultants or subcontractors the Architect intends to engage to
perform work and/or services and the scope of work and/or services to be performed related
to this Contract. Such approval of subcontractors and sub-consultants and scope of work
and/or services to be performed will not be unreasonably withheld. The Architect must notify
the Trust and seek pre-approval of any substitutions or changes in sub-consultants or
subcontractors and changes in the subcontractor or sub-consultant’s scope of work and
services related to this Contract. Approval of subcontractors or sub-consultants or their work
and services will not relieve or release the Architect from responsibility or liability to perform
all work and services under this Contract and will not create any responsibility, liability or
duty upon the Trust as to the selection of or work and services provided by the subcontract or
sub-consultant under this Contract.
26. Nondiscrimination. In connection with the performance of work and/or services under this
Contract, the Architect agrees as follows:
A. The Architect shall not discriminate against any employee or applicant for
employment because of age, race, creed, color, sex, national origin, ancestry or
disability as defined by the Americans with Disabilities Act of 1990, Section 3(2).
The Architect shall take affirmative action to ensure that employees or applicants for
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employment are treated without regard to their age, race, creed, color, national origin,
sex, ancestry or disability as defined by the Americans with Disabilities Act of 1990,
Section 3 (2). Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruiting or recruitment, advertising,
layoff, termination or cancellation, rates of pay or other forms of compensation and
selection for training, including apprenticeship. The Architect shall agree to post, in
conspicuous places, Exhibit D.
B. In the event of the Architect's noncompliance with this nondiscrimination clause, this
Contract may be suspended, canceled or terminated by the Trust. The Architect may
be declared by the Trust ineligible for further contracts or agreements until
compliance, and/or satisfactory proof of intent to comply shall be made by the
Architect.
C. The Architect agrees to include this nondiscrimination clause in any subcontracts
connected with the performance of this Contract. The Architect shall also execute the
nondiscrimination certificate, attached and incorporated as Exhibit D, prior to the
effective date of this Contract.
27. Assignment. Inasmuch as this Contract is a personal and professional service agreement
which relies upon the personal and professional integrity, financial standing and unique
ability and expertise of the Architect to provide professional and personal services to the
Trust, the parties agree that the Architect may not assign its obligations, rights or interest in
this Contract except the assignment of subcontractors and sub-consultants as set forth in
paragraph “Termination for Default” subparagraph B.
28. Termination for Default. Either party may terminate or cancel this Contract for cause, in
whole or in part, for failure of the other party to fulfill in accordance with good practices and
in the best interests of either party or to promptly fulfill its obligations under this Contract.
A. After due default notice and thirty (30) days within which to correct the default, this
Contract may be terminated by the non-defaulting party upon written notice. Upon
termination for cause by the Trust, the Trust shall pay the Architect for all work and
services completed in accordance with good engineering practices and in the best
interests of the Trust and useable by the Trust for the project(s) in the Notice to
Proceed, up to the time of the effective date of termination.
B. If this Contract is terminated by reason of a default of the Architect prior to the
completion of this project, regardless of the reason for said termination, the Architect
shall immediately assign to the Trust any contracts and/or agreements relative to this
project entered into between the Architect and its subcontractors and sub-consultants,
as the Trust may designate in writing and with the consent of the subcontractors and
sub-consultants so designated. With respect to those contracts and/or agreements
assigned to and accepted by the Trust, the Trust shall only be required to compensate
such subcontractors and sub-consultants for compensation accruing to such parties
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under the terms of their agreements with the Architect from and after the date of such
assignment to and acceptance by the Trust. All sums claimed by such subcontractors
or sub-consultants to be due and owing for services performed prior to such
assignment and acceptance by the Trust shall constitute a debt between the Architect
and the affected subcontractors or sub-consultants, and the Trust shall in no way be
deemed liable for such sums. The Architect shall include this provision and the
Trust's rights and obligations hereunder in all agreements or contracts entered into
with the Architect's subcontractors and sub-consultants.
C. Termination herein shall not terminate or suspend any of the required provisions of
the paragraph “Indemnity” or “Insurance” of this Contract.
29. Time Is of the Essence. Both the Trust and the Architect expressly agree that time is of the
essence with respect to this Contract, and the time for performance of each task established by
the work orders shall be made a part of this Contract and shall be strictly observed and
enforced; defined by the agreed upon project schedule and Standard of Care in section 20.
Any failure on the part of the Trust to timely object to the time of performance shall not
waive any right of the Trust to object at a later time.
30. No Damage for Delay. No payment, compensation or adjustment of any kind (other than an
approved extension of time) shall be made to the Architect for damages because of hindrances
or delays from any cause in the progress of the work, whether such hindrances or delays be
avoidable or unavoidable. The Architect agrees that it will make no claim for compensation
or damages for any such delays and will accept as full satisfaction for such delays the
extensions of time.
31. Severability. In the event that any provision, clause, portion or section of this Contract is
unenforceable or invalid for any reason, such unenforceability or invalidity may not affect the
enforceability or validity of any other paragraph or the remainder of this Contract.
32. Entire Agreement. This Contract, including its Exhibits and any other documents or
certificates incorporated herein by reference, expresses the entire understanding of the Trust
and the Architect concerning the Contract. Neither the Trust nor the Architect has made or
shall be bound by any agreement or any representation to the other concerning this Contract
which is not expressly set forth herein.
33. Amendment. This Contract may be modified only by a written amendment of subsequent
date hereto and approved by the Trust and the Architect. In the event the Architect's Basic
Services are increased or changed so as to materially increase the need for Architect services
in excess of the not to exceed total compensation, the Architect may seek to amend this
Contract.
34. Execution in Counterparts. This Contract may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and
the same instrument.
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35. Descriptive Headings. The descriptive headings of the sections of this Contract are inserted
or annexed for convenience of reference only and shall not affect the meaning, construction,
interpretation or effect of this Contract.
36. Construction and Enforcement. This Contract shall be construed and enforced in
accordance with the laws of the State of Oklahoma. In the event of ambiguity in any of the
terms of this Contract, it shall not be construed for or against any party on the basis that such
party did or did not author the same.
37. Survival of Representations. All representations and covenants of the parties shall survive
the expiration of the Contract.
38. Parties Bound. This Contract shall be binding upon and inure to the benefit of all parties.
This Contract is solely for the benefit of the parties and their successors in interest, and none
of the provisions hereof are intended to benefit third parties.
39. Venue of Actions. The parties agree that if any legal action is brought pursuant to this
Contract, such action shall be instituted in the District Court of Oklahoma County.
40. Effective Date. The effective date of this Contract shall be the date of execution of this
Contract by the Trust.
41. Local Business Utilization Report. On December 22, 2020, the City Council approved and
re-established the Small, Local and Minority Business Utilization (LBU) Program. The
program encourages and promotes the use of small, local and minority business
subcontractors on public construction contracts. The goal is to provide assistance, guidance,
and opportunities for small, local and minority businesses to work on Trust projects.
The Architect agrees to submit a Small, Local and Minority Business Utilization ("LBU")
Report to the Trust within fourteen (14) days of the issuance of the Notice to Proceed, to
include the following information:
A. A list identifying each of its subconsultants or subcontractors;
B. The location and contact information of the principal place of business of each
subconsultant or subcontractor;
C. The status of each of it’s subconsultants and subcontractors, and which class of
business; local, small, minority, N/A etc.
D. The general scope of work to be performed by each subconsultant or subcontractor;
E. The dollar amount of each subcontract; and
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F. The tools and/or organizations used to locate and contact these businesses.
The Architect further agrees to submit to the Trust a monthly report identifying the scope of
work and amount of payments made to each subconsultant or subcontractor for the preceding
month on a form provided by the Trust.
42. Crime Prevention through Environmental Design The Crime Prevention through
Environmental Design (CPTED) concept suggests that natural surveillance, natural access
control, and territoriality can be effectively applied to a project and its surrounding
environment to provide safety for users. A CPTED design can also promote community
confidence and improve natural surveillance methods to reduce/prevent common crime and
vandalism.
The Architect should implement the concepts of CPTED, where appropriate, to reduce the
real and perceived areas of potential problems during the project design.
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EXHIBIT A
SCOPE OF WORK
PROJECT NO. MZ-0081
STINGRAY TOUCH POOL EXPERIENCE AND EXHIBIT
Task 1A – Conceptual Report
This task will prepare a Conceptual Design report for a new interactive stingray exhibit including
touch pool and associated Life Support System (LSS) facility. The new exhibit site location will
include partial demolition of the existing concrete grotto structure providing an area of
approximately 8,150 square feet next to the existing lake. The consultant will meet with staff to
determine the size of collection, and the structure for both the exhibit and LSS facility and shallow
touch pool. Discussion opportunities include, but are not limited to, covered open-air structure with
overhead doors, fans, limited HVAC, and graphics in lieu of hard theming, etc.
Task 1B – Preliminary Report Services
To be completed in accordance with the Basic Services portion of the Contract.
Task 2 – Final Plan Services
To be completed in accordance with the Basic Services portion of the Contract.
Task 3 – Bidding Services
To be completed in accordance with the Basic Services portion of the Contract.
Task 4 – Construction Administration Services
To be completed in accordance with the Basic Services portion of the Contract.
Task 5 – As-Built Services
To be completed in accordance with the Basic Services portion of the Contract.
SUBCONSULTANT SCOPES OF WORK
Life Support System Design (To be performed by Oklahoma Bay Aquatic Solutions)
FILTRATION DESIGN:
• Identify spatial and elevation requirements
• Specify and size filtration components
• Provide piping and instrumentation diagrams (P&IDs) for the living pool
• Provide complete and detailed equipment schedules for the living pool
• Provide a sketch-up model showing the placement of all filtration components
INFRASTRUCTURE:
• Identification and layout of necessary “back of house” spaces as it relates to LSS equipment
placement and operation
• Design of a water make-up and recovery system as needed
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• Identify points of contact between LSS and building MEP systems
CONSTRUCTION PHASE CONSULTING:
• Review construction documents
• Communicate with the project Architect during all phases of design
• Consulting on pool design for animal wellbeing and visitor experience
• Communicate with Zoo staff throughout the design process
TERMS:
The bulk of OK Bay’s project work will be done from our home office in Jenks, OK. The filtration
design package would include delivery of system piping and instrumentation drawings (P&ID’s),
equipment schedules and 3D placement of components in a SketchUp model for a 35,000-gallon
stingray lagoon. This will include the design of saltwater make-up systems and recovery systems if
they are required. Site visits will be made based on the client’s requests and as schedules permit. By
utilizing web-based communications and document sharing, site visits can be kept to a minimum,
however, some visits may be necessary to view progress and inspect installation and/or construction.
Detailed design of support areas like kitchens, water quality labs, quarantine systems, dive lockers or
transport systems would be outside the scope.
Cost Estimating (To be performed by JE Dunn Construction)
JE Dunn will perform cost estimating related to Task 1A, Conceptual Design Report
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EXHIBIT B
COMPENSATION
PROJECT NO. MZ-0081
STINGRAY TOUCH POOL EXPERIENCE AND EXHIBIT
Under the terms of this Contract, the Architect agrees to perform the work and services described in
this Contract. The Trust agrees, in accordance with the limitations and conditions set forth in the
Contract, to pay an amount not to exceed $285,000 which includes: for Basic Services an amount not
to exceed$255,000, and for Reimbursable Expenses, an amount not to exceed $22,000, as
specifically set forth in this Exhibit B; and for Additional Services, as set forth in Exhibit B-1, an
amount not to exceed $8,000.
B.I. Basic Work and Services
Compensation for basic services may not exceed $255,000, and in no event may the Architect
receive compensation in excess of the amount listed for each task for performance of its basic
services.
The Architect may receive up to the following amounts of the not to exceed amounts for services
rendered upon the completion of the following tasks. Partial payments of the not to exceed amounts
for each task may be invoiced for incremental work completed. Not to exceed amounts below are
accumulative for successive tasks.
Task 1A an amount not to exceed:
$30,600 Completion and recommendation by the
Executive Director for approval by the Trust of
the conceptual design report for the project.
Task 1B an amount not to exceed:
$43,350 Completion and recommendation by the
Executive Director for approval by the Trust of
the preliminary report for the project.
Task 2 an additional amount not to exceed:
$137,700 Completion and acceptance by the Trust of the
final plans and specifications for the project.
Task 3 an additional amount not to exceed:
$2,550 Award of the construction contract to the
successful Bidder.
Task 4 an additional amount not to exceed:
$35,700 Upon completion and final acceptance by the
Trust of the completed project. Said amount is
to be paid proportionately to the level of
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completion of project construction. The
proportionate amount is to be consistent with
the Construction Contractor’s percentage of
completion.
Task 5 an additional amount not to exceed:
$5,100 Upon satisfactory completion and acceptance of
the as-built drawings.
B.II. Reimbursable Expenses
The City agrees to pay reimbursable expenses in an amount not to exceed $22,000. Reimbursable
expenses are in addition to the compensation for professional services and include actual
expenditures made by Architect in the interest of the project, with the prior approval of the Executive
Director, and include the following:
1. Expenses for Travel and car rental, lodging and per diem.
Reimbursable expenses are limited to the actual cost for expenditures and shall not include any
anticipated profits, overhead expenses, salaries and/or such other costs.
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EXHIBIT B-1
ADDITIONAL SERVICES
PROJECT NO. MZ-0081
STINGRAY TOUCH POOL EXPERIENCE AND EXHIBIT
Additional Services shall only be provided upon prior written direction from the City Engineer
pursuant to paragraph 3. of this Contract. The Architect may be directed to perform any, all or none
of the following Additional Services:
1. Expenses of reproductions for reports, plans and specifications beyond basic
services requirements.
2. Provide assistance, analysis and coordination for work or services to be
performed under separate contracts or performed by the City’s own forces
which affect this Project.
3. Provide analysis and services relative to future facilities, systems
improvements, and equipment that are not intended to be constructed during
the construction of this Project.
4. Provide design required for the selection, procurement or installation of
furniture, fixtures and related equipment for this Project beyond basic
services requirements.
5. Provide geotechnical investigation beyond basic services requirements.
6. Produce documents and/or presentation materials beyond Basic Services
requirements.
7. Provide compensation of fees for grants, permits and applications necessary
for the design and/or construction of this Project.
8. Provide staking of right-of-way for right-of-way acquisition purposes.
9. Prepare documents required for right-of-way/easement acquisitions.
10. Provide right-of-way/easement acquisition services.
11. Provide drone flight services, 1 Flight before, 1 flight during, and 1 flight
after construction.
The FAA requires a field observer if the FAA Remote Pilot does not have a
line of sight along the flight path. It is the Engineer’s responsibility to ensure
the Drone Operator meets FAA regulations on all flights.
All projects require, at a minimum, three flights flown along the same path,
before, during and after construction, unless the project is scoped with
specific flight requirements. The target flight height for Roadway project is
75-feet minimum and 125-feet maximum, with variances allowed for site
specific needs.
Video Editing will consist of the following:
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1. Each video should contain a still title screen at the beginning of the
flight video that lists:
a. Project Number
b. Project Location
c. Engineering Firm Name
2. 4K video with a 1080 minimum resolution
12. Provide design required for the selection, procurement, installation and
approval of Public Arts.
13. Provide survey for design changes beyond basic services requirements.
14. Provide procurement of Commemorative Coins for the Project.
15. Provide services as required for completion of the Project.
Compensation for Additional Services: Included in the not to exceed total compensation is an
allowance for Additional Services in an amount not to exceed $8,000. This allowance is to be used
and paid to the Architect in the manner established in paragraph “Payments” of this Contract unless
other compensation means are agreed to in writing by the Executive Director. The Additional
Services compensation may only be used after the Architect has performed Additional Services upon
prior written authorization from the Executive Director. Invoices submitted for Additional Services
shall represent only hours actually worked on this project by the Architect's employees and the
Architect's consultant's employees and shall be accounted for separately for each Additional Service
performed.
TS 10/22/18
Architectural Services Contract Page 32
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Page 44 of 49
Michael Eckmann
Page 45 of 49
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 9/23/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT
PRODUCER
NAME: Deanne Beltz-Sund
FNIC PHONE FAX
P.O. Box 45279 (A/C, No, Ext): 402-861-7000 (A/C, No):
E-MAIL
Omaha NE 68145-0279 ADDRESS: deanne.beltz@fnicgroup.com
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : XL Specialty Insurance Co 37885
HOLLBAS-01
INSURED INSURER B : The Phoenix Insurance Co 25623
Holland Basham Architects, Inc.
INSURER C : The Standard Fire Insurance Co. 19070
119 So. 49th Ave.
Omaha NE 68132 INSURER D : Travelers Property Casualty of America 25674
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 1514853364 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
B X COMMERCIAL GENERAL LIABILITY Y Y 6805Y09941A 6/27/2025 6/27/2026 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 1,000,000
MED EXP (Any one person) $ 5,000
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY X JECT
PRO-
LOC PRODUCTS - COMP/OP AGG $ 2,000,000
OTHER: $
C Y Y COMBINED SINGLE LIMIT $ 1,000,000
AUTOMOBILE LIABILITY BA5Y108317 6/27/2025 6/27/2026 (Ea accident)
X ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
$
D X UMBRELLA LIAB X OCCUR Y Y CUP5Y12825A 6/27/2025 6/27/2026 EACH OCCURRENCE $ 6,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 6,000,000
X RETENTION $ $
DED 10,000
PER OTH-
D WORKERS COMPENSATION Y UBB5496275 6/27/2025 6/27/2026 X STATUTE ER
AND EMPLOYERS' LIABILITY Y/N
ANYPROPRIETOR/PARTNER/EXECUTIVE
N E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
A Architects/Engineers Y DPR5037945 12/22/2024 12/22/2025 Each Claim $5,000,000
Professional Liability Aggregate $5,000,000
Incl. Pollution Legal Liab.
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
The City of Oklahoma City and any of it public trusts participating in this project are additional insured for general liability, automobile liability and umbrella
liability, if required by written contract executed prior to loss. Waiver of Subrogation for general liability, automobile liability, umbrella liability, Professional liability
and workers compensation applies to The City of Oklahoma City and any of it public trusts participating in this project, if required by written contract executed
prior to loss.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
The City of Oklahoma City
And its Participating Trusts
420 W. Main St., Suite 700 AUTHORIZED REPRESENTATIVE
Oklahoma City OK 73102
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 46 of 49
TO: Chair and Trustees of the Oklahoma City Zoological Trust
FROM: Dwight Lawson, Executive Director/CEO
DATE: September 24, 2025
SUBJECT: Enter into Executive Session to Discuss the Annual Evaluation of the
Executive Director/CEO, Dwight Lawson, as Authorized by 25 O.S. (2024
Supp.) § 307 (B)1
AND/OR
Resolution Establishing a New Annual Salary and Effective Date for
Executive Director/CEO, Dwight Lawson
Page 47 of 49
RESOLUTION
RESOLUTION ESTABLISHING A NEW ANNUAL SALARY AND EFFECTIVE
DATE FOR EXECUTIVE DIRECTOR/CEO, DWIGHT LAWSON, AND
CONTINUING EMPLOYMENT BENEFIT AGREEMENTS
WHEREAS, the Oklahoma City Zoological Trust appointed Dwight Lawson as
Executive Director/CEO effective May 27, 2014; and
WHEREAS, the Oklahoma City Zoological Trust set the annual salary of the
Executive Director/CEO at $181,125 effective August 24, 2016, and provided certain
additional benefits; and
WHEREAS, the Oklahoma City Zoological Trust conducted an annual review of
the Executive Director/CEO’s performance and compensation; and
WHEREAS, the Oklahoma City Zoological Trust desires to set a new rate of pay
for the Executive Director/CEO at an annual salary of $____________to be effective ___
1, 2024; and
WHEREAS, the Oklahoma City Zoological Trust desires that, in addition to his
annual salary, the Executive Director/CEO shall continue to receive, without change, all
other benefits as provided at the time of his review on ______, 2025; and
WHEREAS, an annual review of the Executive Director/CEO’s performance and
compensation shall be conducted by June 1st of each year, or as soon thereafter as
practical.
NOW, THEREFORE, BE IT RESOLVED by the Oklahoma City Zoological
Trust that:
1. Effective _____________________, 2025, the salary of Dwight Lawson,
Executive Director/CEO of the Oklahoma City Zoological Park and
Botanical Garden, is hereby set an annual rate of $___________, and
2. The Executive Director/CEO shall continue to receive all other benefits
provided at the time of his review on September 24th, 2025.
1
Page 48 of 49
APPROVED by the Oklahoma City Zoological Trust and SIGNED by the
Chairperson of the Oklahoma City Zoological Trust this 24th day of September 2025.
Chairperson, Oklahoma City Zoological Trust
ATTEST:
Secretary
Assistant Municipal Counselor
2
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