HomeMy WebLinkAboutResolution - 111970J - Agreement - The Architects Group - Memorial Civic Center - 11_19_1970Z•:
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and
directed to execute agreements between the City of Lubbock and The Architects
Group for architectural services in construction of the Memorial Civic Center
and between the City and McMurtry & Craig for architectural services in con-
struction of a Central Library Building a copy of said instruments attached here-
with which shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail. /I
Passed by the City Council this 19th
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ATTEST:
LAveniaLowe, Cit . Secretary»Treausrer
APPROVED:
red O. Sentsr, Jr., C' Attorney
November , 1970.
BERRY,
No Text
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1. THE ARCHITECT shall provide professional services for the Project in accordance with the Terms
and Conditions of this Agreement.
II. THE OWNER shall compensate the Architect, in accordance with the Terms and Conditions of
" this Agreement, as follows:
a. FOR THE ARCHITECT'S BASIC SERVICES, as described in Paragraph 1.1, a Basic Fee computed
at the following percentages of the Construction Cost, as defined in Article 3, for portions of
the Project to be awarded under
A Single Stipulated Sum Contract 6. 566 per cent per cent ( %1 6. 566010
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Separate Stipulated Sum Contracts per cent ( %)
A Single Cost Plus Fee Contract per cent ( %)
Separate Cost Plus Fee Contracts per cent ( %►
b. FOR THE ARCHITECT'S ADDITIONAL SERVICES, as described in Paragraph 1.3, jtJ= x wRttM*
�#cdkw:. �'he fee haia. ba Begt�tia ed at the time such additional services are
re uire an authorize a Uwner.
per or the purposes of this Agreement, the Principals are:
J
Employees' time computed at'a a of i )
times the employees'/Dire rsonne{ Expense ti (e 4.e
ow
ottl2In'ethan
Additional s orC� f professional consultants engaged for the norms , ctural, me-
:'=�
ch and e{ect�ical engineering services at a multiple of
'Pehitec! fe
.+
times !he emount billed is !he
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C. FOR THE ARCHITECT'S REIMBURSABLE EXPENSES, amounts expended as defined in Article 5.
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d. THE TIMES AND FURTHER CONDITIONS OF PAYMENT shall Im as described in Article 6.
AIA DOCUMENT 8131 • OWNER -ARCHITECT AGREEMENT •SEPTEMBER 1967 EDITION • AIAV 2
01967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20D06
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architect's Basic Services consist of the five
phases described below and include normal struc-
tural, mechanical and electrical engineering services.
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall consult with the Owner to as-
certain the requirements of the Project and shall confirm
such requirements to the Owner,
1.1.2 The Architect shall prepare Schematic Design
Studies consisting of drawings and other documents illus-
trating the scale and relationship of Project components
for approval by the Owner.
1.1.3 The Architect shall submit to the Owner a State-
ment of Probable Construction Cost based on current
area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved
Schematic Design Studies, for approval by the Owner, the
Design Development Documents consisting of drawings
and other documents to fix and describe the size and
character of the entire Project as to structural, mechani-
cal and electrical systems, materials and such other essen-
tials as may be appropriate. '
1.1.5 -The Architect shall submit to the Owner a further
Statement of Probable Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved De-
sign Development Documents, for approval by the Own-
er, Working Drawings and Specifications setting forth in
detail the requirements for the construction of the entire
Project including the necessary bidding information, and
shall assist in the preparation of bidding forms, the Con-
ditions of the Contract, and the form of Agreement be-
tween the Owner and the Contractor.
1.1.7 The Architect shall advise the Owner of any ad-
justments to previous Statements of Probable Construction
Cost indicated by changes in requirements or general
market conditions.
1.1.8 The Architect shall assist the Owner in filing the
required documents for the approval of governmental
authorities having jurisdiction over the Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's, approval of
the Construction Documents and of the latest Statement
of Probable Construction Cost, shall assist the Owner in
obtaining bids or negotiated proposals, and in awarding
and preparing construction contracts.
CONSTRUCTION PHASE -ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the
award of the Construction Contract and will terminate
when final payment is made by the Owner to the Con-
tractor.
1.1.11 The Architect shall provide Administration of the
Construction Contract as set forth in Articles 1 through 14
inclusive of the latest edition of AIA Document A201, Gen-
eral Conditions of the Contract for Construction, and the
extent of his duties and responsibilities and the limitations
of his authority as assigned thereunder shall not be modi-
fied without his written consent.
1.1.12 The Architect, as the representative of the Owner
during the Construction Phase, shall advise and consult
with the Owner and all of the Owner's instructions to the
Contractor shall be issued through the Architect. The
Architect shall have authority to act on behalf of the
Owner to the extent provided in the General Conditions
unless otherwise modified in writing.
1.1.13 The Architect shall at all times have access to
the Work wherever it is in preparation or progress.
1.1.14 The Architect shall make periodic visits to -the
site to familiarize himself generally with the progress and
quality of the Work and to determine in general if the
Work is proceeding in accordance with the Contract Doc-
uments. On the basis of his on -site observations as an
architect, he shall endeavor to guard the Owner against
defects and deficiencies in the Work of the Contractor.
The Architect shall not be required to make exhaustive
or continuous on -site inspections to check the quality or
quantity of the Work. The Architect shall not be respon-
sible for construction means, methods, techniques, se-
quences or procedures, or for safety precautions and
programs in connection with the Work, and he shall not
be responsible for the Contractor's failure to carry out the
Work in accordance with the Contract Documents.
1.1.15 Based on such observations at the site and on the
Contractor's Applications for Payment, the Architect shall
determine the amount owing to the Contractor and shall
issue Certificates for Payment in such amounts. The is-
suance of a Certificate for Payment shall constitute a rep-
resentation by the Architect to the Owner, based on the
Architect's observations at the site as provided in Sub-
paragraph 1.1.14 and on the data comprising the Appli-
cation for Payment, that the Work has progressed to the
point indicated; that to the best of the Architect's knowl-
edge, information and belief, the quality of the Work is
in accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole upon
Substantial Completion, to the results of any subsequent
tests required by the Contract Documents, to minor
AIA DOCUMENT B131 • OWNER -ARCHITECT AGREEMENT • SEPTEMBER 1%7 EDITION - AIA® 3
01%7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 2M
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deviations from the Contract Documents correctable
Owner against defects in the Work, but the furnishing of
prior to completion, and to any specific qualifications
such project representation shall not make the Architect
stated in the Certificate for Payment); and that the Con-
responsible for the Contractor's failure to perform the
tractor is entitled to payment in the amount certified. By
Work in accordance with the Contract Documents.
issuing a Certificate for Payment, the Architect shall not
be deemed to represent that he has made any examina-
1.3 ADDITIONAL SERVICES
tion to ascertain how and for what purpose the Contrac-
The following services are not covered in Paragraphs
for has used the moneys paid on account of the Contract
1.1 or 1.2. If any of these Additional Services are
Sum.
authorized by the Owner, they shall be paid for by
1.1.16 The Architect shall be, in the first instance, the
the Owner as hereinbefore provided.
interpreter of the requirements of the Contract Docu-
1.3.1 Providing special analyses of the Owner's needs,
ments and the impartial judge of the performance there-
and programming the requirements of the Project.
under by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Con-
1.3.2 Providing financial feasibility or other special
tractor relating to the execution and progress of the Work
studies.
and on all other matters or questions related thereto.
1.3.3 Providing planning surveys, site evaluations, or
The Architect's decisions in matters relating to artistic
comparative studies of prospective sites.
effect shall be final if consistent with the intent of the
Contract Documents.
1.3.4 Making measured drawings of existing construc-
- 1.1.17 The Architect shall have authority to reject Work
tion when required for planning additions or alterations
thereto
which does not conform to the Contract Documents. The
Architect shall also have authority to require the.Contrac-
1.3.5 Revising previously approved Drawings, Specifica-
tor to stop the Work whenever in his reasonable opinion
tions or other documents to accomplish changes not initi-
it may be necessary for the proper performance of the.
ated by the Architect.
Contract. The Architect shall not be liable to the Owner
1.3.6 Preparing Change Orders and supporting data
for the consequences of any decision made by him in
where the change in the Basic Fee resulting from the ad -
good faith either to exercise or not to exercise his author-
justed Contract Sum is not commensurate with the Archi-
ity to stop the Work.
tect's services required.
1.1.18 The Architect shall review and approve shop
1.3.7 Preparing documents for alternate bids requested
drawings, samples, and other submissions of the Contrac-
by the Owner.
for only for conformance with the design concept of the
Project and for compliance with the information given
1.3.6 Providing Detailed Estimates of Construction
in the Contract Documents.
Costs.
1.1.19 The Architect shall prepare Change Orders.
1.3.9 Providing consultation concerning replacement of
1.1.20 The Architect shall conduct inspections to de-
any Work damaged by fire or other cause during construc-
termine the Dates of Substantial Completion and Final
tion, and furnishing professional services of the type set
Completion, shall receive written guarantees and related
forth in Paragraph 1.1 as may be required in connection
documents assembled by the Contractor, and shall issue a
with the replacement of such Work.
final Certificate for Payment.
1.3.10 Providing professional services made necessary
1.1.21 The Architect shall not be responsible for the
by the default of the Contractor in the performance of the
acts or omissions of the Contractor, or any Subcontractors,
Construction Contract.
or any of the Contractor's or Subcontractors' agents or
1.3.11 Providing Contract Administration and observa-
employees, or any other persons performing any of the
tion of construction after the Contract Time has been ex -
Work,
ceeded by more than twenty per cent through no fault
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
of the Architect.
1.2.1 If more extensive representation at the site than
1.3.12 Furnishing the Owner a set of reproducible rec-
is described under Subparagraphs 1.1.10 through 1.1.21
ord prints of drawings showing significant changes made
inclusive is required, and if the Owner and Architect agree,
during the construction process, based on marked up
the Architect shall provide one or more Full-time Project
prints, drawings and other data furnished by the Contrac-
Representatives to assist the Architect.
for to the Architect.
1.2.2 Such Full-time Project Representatives shall be
1.3.13 Providing services after final payment to the
selected, employed and directed by the Architect, and the
Contractor.
Architect shall be compensated therefor as mutually
agreed between the Owner and the Architect as set forth
1.3.14 Providing interior design and other services re-
in an exhibit appended to this Agreement.
quired for or in connection with the selection of fuml-
1.2.3 The duties, responsibilities and limitations of au-
lure and furnishings.
thority of such Full-time Project Representatives shall be
1.3.15 Providing services as an expert witness in con -
set forth in an exhibit appended to this Agreement.
nection with any public hearing, arbitration proceeding,
1.2.4 Through the on -site observations by Full-time Proj-
or the proceedings of a court of record.
ect Representatives of the Work in progress,'the Architect
1.3.16 Providing services for planning tenant or rental
shall endeavor to provide further protection for the
spaces.
4 AIA DOCUMENT B131 - OWNER -ARCHITECT AGREEMENT • SEPTEMBER 1967 EDITION • AIA®
01967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20W6
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding
his requirements for the Project.
2.2 The Owner shall designate, when necessary, a rep
resentative authorized to act in his behalf with respect to
` the Project. The Owner or his representative shall exam-
ine documents submitted by the Architect and shall
I ; render decisions pertaining thereto promptly, to avoid
I unreasonable delay in the progress of the Architect's
i work.
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2.3 The Owner shall furnish a certified land survey of the
site giving, as applicable, grades and lines of streets,
alleys pavements and adjoining property; rights -of -way,
restrictions, easements, encroachments, zoning, deed re-
strictions, boundaries and contours of the site; locations,
dimensions and complete data pertaining to existing
buildings, other improvements and trees; and full infor-
mation concerning available service and utility lines both
public and private.
2.4 The Owner shall furnish the services of a soils en-
gineer, when such services are deemed necessary by
the Architect, including reports, test borings, test pits,
soil bearing values and other necessary operations for
determining subsoil conditions.
2.5 The Owner shall furnish' structural, mechanical,
chemical. and other laboratory tests, inspections and re-
ports as required by law or the Contract Documents.
2.6 The Owner shall furnish such legal, accounting and
insurance counselling services as may be necessary for the
Project, and such auditing services as he may require to
ascertain how or for what purposes the Contractor has
used the moneys paid to him under the Construction
Contract.
2.7 The services, information, surveys and reports re-
quired by Paragraphs 2.3 through 2.6 inclusive shall be
furnished at the Owner's expense, and the Architect shall
be entitled to rely upon the accuracy thereof.
2.8 If the Owner observes or otherwise becomes aware
of any fault or defect in the Project or non-conformance
with the Contract Documents, he shall give prompt writ-
ten notice thereof to the Architect.
2.9 The Owner shall furnish information required of him
as expeditiously as necessary for the orderly progress of
the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 Construction Cost to be used as a basis for deter-
mining the Architect's Fee for all Work designed or speci-
fied by the Architect, including labor, materials, equip-
ment and furnishings, shall be determined as follows, with
precedence in the order listed:
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3.1.1 For completed construction, the total cost of all
such Work;
3.1.2 For Work not constructed, the lowest bona fide
bid received from a qualified bidder for any or all of such
work; or
3.1.3 For work for which bids are not received, (1) the
latest Detailed Cost Estimate, or (2) the Architect's latest
Statement of Probable Construction Cost.
3.2 Construction Cost does not include the fees of the
Architect and consultants, the cost of the land, rights -of -
way, or other costs which are the responsibility of the
Owner as provided in Paragraphs 2.3 through 2.6 inclu-
sive.
3.3 Labor furnished by the Owner for the Project shall
be included in the Construction Cost at current market
rates. Materials and equipment furnished by the Owner
shall be included at current market prices, except that
used materials and equipment shall be included as if
purchased new for the Project.
3.4 Statements of Probable Construction Cost and De-
tailed Cost Estimates prepared by the Architect represent
his best judgment as a design professional familiar with
the construction industry. It is recognized, however, that
neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the con-
tractors' methods of determining bid prices, or over com-
petitive bidding or market conditions.. Accordingly, the
Architect cannot and does not guarantee that bids will not
vary from any Statement of Probable Construction Cost
or other cost estimate prepared by him.
3.5 When a fixed limit of Construction Cost is estab-
lished as a condition of this Agreement, it shall include a
bidding contingency of ten per cent unless another
amount is agreed upon in writing. When such a fixed limit
is established, the Architect shall be permitted to deter-
mine what materials, equipment, component systems and
types of construction are to be included in the Contract
Documents, and to make reasonable adjustments in the
scope of the Project to bring it within the fixed limit. The
Architect may also include in the Contract Documents
alternate bids to adjust the Construction Cost to the fixed
limit.
3.5.1 If the lowest bona fide bid, the Detailed Cost Esti-
mate or the Statement of Probable Construction Cost ex-
ceeds such fixed limit of Construction Cost (including the
bidding contingency) established as a condition of this
Agreement, the Owner shall (1) give written approval of
an increase in such fixed limit, W authorize rebidding
the Project within a reasonable time, or (3) cooperate in
revising the Project scope and quality as required to re-
duce the Probable Construction Cost. In the case of (3)
the Architect, without additional charge, shall modify
the Drawings and Specifications as necessary to bring the
Construction Cost within the fixed limit. The providing of
this service shall be the limit of the Architect's responsi-
bility in this regard, and having done so, the Architect
shall be entitled to his fees in accordance with this
Agreement.
AIA DOCUMENT 9131 OWNER -ARCHITECT AGREEMENT • SEPTEMBER 1967 EDITION AIA® 5
01967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense of employees engaged on
the Project by the Architect includes architects, engineers,
designers, job captains, draftsmen, specification writers
and typists, in consultation, research and design, in pro-
ducing Drawings, Specifications and other documents per-
taining to the Project, and in services during construction
at the site.
4.2 Direct Personnel Expense includes cost of salaries
and of mandatory and customary benefits such as statu-
tory employee benefits, insurance, sick leave, holidays and
vacations, pensions and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Fees
for Basic and Additional Services and include actual ex-
penditures made by the Architect, his employees, or his
consultants in the interest of the Project for the following
incidental expenses listed in the following Subparagraphs:
5.1.1 Expense of transportation and living when travel.
ing in connection with the Project and for long distance
calls and telegrams.
5.1.2 Expense of reproductions, postage and handling of
Drawings and Specifications, excluding copies for Archi-
tect's office use and duplicate sets at each phase for the
Owner's review and approval; and fees paid for securing
approval of authorities having jurisdiction over the Project.
5.1.3 If authorized in advance by the Owner, the ex-
pense of overtime work requiring higher than regular
rates; perspectives or models for the Owner's use; and
fees of special consultants for other than the normal struc-
tural, mechanical and electrical engineering services.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Basic Serv-
ices shall be made as follows:
6.1.1 An initial payment of five per cent of the Basic
Fee calculated upon an agreed estimated cost of , the
Project, payable upon execution of this Agreement, is the
minimum payment under this Agreement.
6.1.2 Subsequent payments shall be made monthly in
proportion to services performed to increase the compen-
sation for Basic Services to the following percentages of
the Basic Fee at the completion of each phase of the
Work:'
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6.2 Payments for Additional Services of the Architect as
defined in Paragraph 1.3, and for Reimbursable Expenses
as defined in Article 5, shall be made monthly upon
presentation of the Architect's statement of services ren-
dered.
6.3 No deductions shall be made from the Architect's
compensation on account of penalty, liquidated dam-
ages, or other sums withheld from payments to con-
tractors.
6.4 If the Project is suspended for more than three
months or abandoned in whole or in part, the Architect
shall be paid his compensation for services performed
prior to receipt of written notice from the Owner of such
suspension or abandonment, together with Reimbursable
Expenses then due and all terminal expenses resulting
from such suspension or abandonment.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architect's Direct Personnel, Consultant
and Reimbursable Expenses pertaining to the Project, and
records of accounts between the Owner and the Con-
tractor, shall be kept on a generally recognized accounting
basis and shall be available to the Owner or his author-
ized representative at mutually convenient times.
ARTICLE 8
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon
seven days' written notice should the other party fail
substantially to perform in accordance with its terms
through no fault of the other. In the event of termination
due to the fault of others than the Architect, the Archi-
tect shall be paid his compensation for services performed
to termination date, including Reimbursable Expenses
then due and all terminal expenses.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service
Schematic Design Phase ......... 15% are and shall remain the property of the Architect whether
Design Development Phase, ...... 35% the Project for which they are made is executed or not.
Construction Documents Phase .... 75% They are not to be used by the Owner on other projects
Bidding or Negotiation Phase ..... 80% or extensions to this Project except by agreement in writ -
Construction Phase .............. 100% ing and with appropriate compensation to the Architect.
6 AIA DOCUMENT 9131 - OWNER -ARCHITECT AGREEMENT - SEPTEMBER 1%7 EDITION - AIA®
01%7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006
ARTICLE 10
1 SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his
partners, successors, assigns and legal representatives to
the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other
' party with respect to all covenants of this Agreement.
I'. Neither the Owner nor the Architect shall assign, sublet
or transfer his interest in this Agreement without the
written consent of the other.
ARTICLE 11
` ARBITRATION
11.1 All claims, disputes and other matters in question
arising out of, or relating to, this Agreement or the
_ breach thereof shall be decided by arbitration in accord-
ance with the Construction Industry Arbitration Rules of
the American Arbitration Association then obtaining. This
agreement so to arbitrate shall be specifically enforceable
under the prevailing arbitration law.
11.2 Notice of the demand for arbitration shall be filed
in writing with the other party to this Agreement and
with the American Arbitration Association. The demand
shall be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no
event shall the demand for arbitration be made after
institution of legal or equitable proceedings based on
such claim, dispute or other matter in question would
be barred by the applicable statute of limitations.
11.3 The award rendered by the arbitrators shall be final,
and judgment may be entered upon it in any court having
jurisdiction thereof.
ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated
agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may
be amended only by written instrument signed by both
Owner and Architect.
ARTICLE 13
APPLICABLE LAW
Unless otherwise specified, this Agreement shall be gov-
erned by the law of the principal place of business of the
Architect.
Article 1. 1.22 (New)
The architect shall furnish to the Owner, at no expense to the Owner,
one set of reproducible plans and drawings of the project, as built.
Article 1.2.4 is amended as follows:
Through the on -site observations by Full -Time Project Representatives
of the Work in progress, the Architect shall endeavor to provide further
protection for the Owner against defects in the Work, but the furnishing
-i' of such project representation shall not make the Architect responsible
for construction means, methods, techniques, sequences or procedures,
or for safety precautions and programs, or for the Contractor's failure
to perform the Work in accordance with the Contract Documents.
Article 1. 3 is amended as follows:
! The following services are not covered in Paragraphs 1. 1 or 1. 2. If
any of these Additional Services are authorized in writing by the Owner,
they shall be paid for by the Owner as hereinbefore provided.
Article 5. 1. 1 is amended as follows:
Expense of transportation and living when traveling in connection with
the project at the request of the Owner, and for long distance calls and
telegrams requested by the Owner.
r Article 5. 1.2 is amended by adding thereto:
j Reproduction cost, eligible as a reimbursible expense, shall be subject
! to Owner's approval prior to incurring such obligation.
AIA DOCUMENT 5131 • OWNER -ARCHITECT AGREEMENT • SEPTEMBER 1967 EDITION • AIA® 7
01%7 THE AMERICAN INSTITUTE OF ARCHITECTS, 173S N. Y. AVE., N.W., WASH., D. C. 20006
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Article 10 is amended by adding thereto:
The Partners, Associates in this venture, heirs, successors, assigns
and legal representatives of any of the Architects shall look to the other Partners,
Associates, heirs, successors, assigns and legal ,representatives for settlement of
any claims they may assert arising from this agreement.
Article 14 (New Article)
Architect's Insurance.. The Architect shall maintain insurance to
protect. him from, claims under workman's compensation acts; claims for damages
because of bodily, injury, including personal injury, sickness or disease, or death
of any of his employees or of any person other than his employees; and claims for
damages because of injury to or destruction of tangible property including loss of use
resulting therefrom. The Architect shall maintain insurance b protect him from
claims arising out of the performance of professional, services caused by any of his
errors, omissions, or negligent acts, or the errors, omissions, or negligent acts
of any person employed by him or by others for whom he is legally liable. Professional
liability insurance shall be in an amount consistent with insurance industry require-
ments, but not less than $500,000. 00. If the Architect does not already have such
insurance, he shall arrange for coverage and show evidence of such coverage to Owner
within 90 days of the date of this agreement.
Article 15 (New Article)
Interpretation. This agreement has been fully discussed, prior to
execution, by all parties hereto at a meeting at City Hall, Lubbock, Texas, on Novem-
ber 18, 1970. Any questions as to the parties intent or the interpretation of any
phrase herein shall be determined and resolved by the agreement reached at such meet-
ing and recorded on the transcript thereof.
This Agreemen cuted the day and year first written above.
OWNER
.,//
THE OF L OCK
JJM. Granberry, Mayor
ATTEST:
Lavenia we, City e tart' -
Treasurer
APPROVED, AS TO FORM:
Fred O. Senter, Jr. W Attorney
ARCHITECT
Architect's Registration No.
/� !-r. Gam:��= *��►oz
Bill . Can
To3ii-Mills
AIA DOCUMENT 3131 • OWNER -ARCHITECT AGREEMENT • SEPTEMBER 1967 EDITION • AIA® 8
01967 THE AMERICAN INSTITUTE OF ARCHITECTS, 173S N. Y. AVE., N.W., WASH., D. C. 2M
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