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HomeMy WebLinkAboutResolution - 111970N - Agreement - The Architects Group - Memorial Civic Center - 11/19/1970KJ:U 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 shad be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and he a part of this Resolution as if fully copied herein in detail. Passed by the City Council thii; g daffy of Nov 1970. ATTEST: Pj 4 !✓/d , P-4 Z � U Xenia. Lowe, City Seeretar-Treausrer ,APPROVED: Fred O • Senter, Jr. City Attorney ' r m THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document B131 Standard Form of Agreement Between Owner and Architect on a basis of a PERCENTAGE Of CONSTRUCTION COST AGREEMENT made this 25th day of November in the year of Nineteen Hundred and Seventy BETWEEN The City of Lubbock, Texas, acting through the governing body, the Owner, and McMurtry & Craig, Lubbock, Texas, the Architect. It is the intention of the Owner to erect a Central Library Building within the concept of Phase No, 1. , to be hereafter described by Owner in Program Document. hereinafter referred to as the Project. The Owner and the Architect agree as set forth below. AIA DOCUMENT 9131 • OWNER -ARCHITECT AGREEMENT • SEPTEMBER 1967 EDITION • AIA® 01967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 I I. 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 interpolated between A Single Stipulated Sum Contract 7. 75 and 8. 016 for 1 per cent (7 3/4/0) 7 3/4 to 8% Separate Stipulated Sum Contractsmillion to 1, 2 million 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, ILS als)ftlJbmx The fee shall be negotiated at the time such addtional services are reguire,d and 4qthg.ri7,ed by the Owner. „ perthe purposes of this Agreement, the Principals are: Employees' time computed at a mul ' 4e,6 — ( ) times the employees' Direc nnel Expense i�peMjaAr Additional ser ' o professional consultants kngaged for the normal structu - chani electrical ensineerin2 services at a multiple of c. FOR THE ARCHITECT'S REIMBURSABLE EXPENSES, amounts expended as defined in Article 5. d. THE TIMES AND FURTHER CONDITIONS OF PAYMENT shall be as described in Article 6. AIA DOCUMENT B131 • OWNER -ARCHITECT AGREEMENT • SEPTEMBER 1967 EDITION • AIA® 2 ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 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 1967 EDITION • AIA® 3 ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Con- tractor is entitled to payment in the amount certified. By issuing a Certificate for Payment, the Architect shall not be deemed to represent that he has made any examina- tion to ascertain how and for what purpose the Contrac- tor has used the moneys paid on account of the Contract Sum. 1.1.16 The Architect shall be; in the first instance, the interpreter of the requirements of the Contract Docu- ments and the impartial judge of the performance there- under by both the Owner and Contractor. The Architect shall make decisions on all claims of the Owner or Con- tractor relating to the execution and progress of the Work and on all other matters or questions related thereto. The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. 1.1.17 The Architect shall have authority to reject Work which does not conform to the Contract Documents. The Architect shall also have authority to require the Contrac- tor to stop the Work whenever in his reasonable opinion it may, be necessary for the proper performance of the Contract. The.Architect shall not be liable to the Owner for the consequences of any decision made by him in good faith either to exercise or not to exercise his author- ity to stop the Work. . 1.1.18 The Architect shall review and approve shop drawings, samples, and other submissions of the Contrac- tor only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. 1.1.19 The Architect shall prepare Change Orders. 1.1.20 The Architect shall conduct inspections to de- termine the Dates of Substantial Completion and Final Completion, shall receive written guarantees and related documents assembled by the Contractor, and shall issue a final Certificate for Payment. 1.1.21 The Architect shall not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of the Contractor's or Subcontractors' agents or employees, or any other persons performing any of the Work. -1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 1.2.1 If more extensive representation at the site than is described under Subparagraphs 1.1.10 through 1.1.21 inclusive is required, and if the Owner and Architect agree, the Architect shall provide one or more Full-time Project Representatives to assist the Architect. 1.2.2 Such Full-time Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor, as mutually agreed between the Owner and the Architect as set forth in an exhibit appended to this Agreement. 1.2.3 The duties, responsibilities and limitations of au- thority of such Full-time Project Representatives shall be set forth in an exhibit appended to. this Agreement. 1.2.4 Through the on -site observations by Full-time Proj- ect 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 of such project representation shall not make the Architect responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents. 1.3 ADDITIONAL SERVICES The following services are not covered in Paragraphs 1.1 or 1.2. If any of these Additional Services are authorized by the Owner, they shall be paid for by the Owner as hereinbefore provided. 1.3.1 Providing special analyses of the Owner's needs, and programming the requirements of the Project. 1.3.2 Providing financial feasibility or other special studies. 1.3.3 Providing planning surveys, site evaluations, or comparative studies of prospective sites. 1.3.4 Making measured drawings of existing construc- tion when required for planning additions .or alterations thereto. 1.3.5 Revising previously approved Drawings, Specifica- tions or other documents to accomplish changes not initi- ated by the Architect. 1.3.6 Preparing Change Orders and supporting data where the change in the Basic Fee resulting from the ad- justed Contract Sum is not commensurate with the Archi- tect's services required. 1.3.7 Preparing documents for alternate bids requested by the Owner. 1.3.8 Providing Detailed Estimates of Construction Costs. 1.3.9 Providing consultation concerning replacement of any Work damaged by fire or other cause during construc- tion, and furnishing professional services of the type set forth in Paragraph 1.1 as may be required in connection with the replacement of such Work. 1.3.10 Providing professional services made necessary by the default of the Contractor in the performance of the Construction Contract. 1.3.11 Providing Contract Administration and observa- tion'of construction after the Contract Time has been ex- ceeded by more than twenty per cent through no fault .of the Architect. 1.3.12 Furnishing the Owner a set of reproducible rec- ord prints, of drawings showing significant changes made during the construction process, based on marked up prints, drawings and other data furnished by the Contrac- tor to the Architect. 1.3.13 Providing services after final payment to the Contractor. 1.3.14 Providing interior design and other services re- quired for or in connection with the selection of furni- ture and furnishings. 1.3.15 Providing services as an expert witness in con- nection with any public hearing, arbitration proceeding, or the proceedings of a court of record. 1.3.16 Providing services for planning tenant or rental 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. 20006 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 render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's work. 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: 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, (2) 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..,mbdify 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 B131 • OWNER -ARCHITECT AGREEMENT • SEPTEMBER 1967 EDITION • AIA® 5 ©1967 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: Schematic Design Phase ......... 15% Design Development Phase 35% Construction Documents Phase .... 75% Bidding or Negotiation Phase ..... 800/6 Construction Phase .............. 100% 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 are and shall remain the property of the Architect whether the Project for which they are made is executed or not. They are not to be used by the Owner on other projects or extensions to this Project except by agreement in writ- ing and with appropriate compensation to the Architect. 6 AIA DOCUMENT B131 • OWNER -ARCHITECT AGREEMENT • SEPTEMBER 1967 EDITION • AIA® ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W,, WASH., D. C. 20006 ARTICLE 10 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. 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 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. Article 5. 1.2 is amended by adding thereto: Reproduction cost, eligible as a reimbursible expense, shall be subject to Owner's approval prior to incurring such obligation. AIA DOCUMENT B131 • OWNER -ARCHITECT AGREEMENT • SEPTEMBER 1%7 EDITION AIA® 7 ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 i 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 to 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 November 18, 1970. Any questions as to the parties intent or the interpretation of any phnaa-, herein shall be determined and resolved by the agreement reached at such meeting and recorded on the transcript thereof. This Agreement OWNER THE ,C I.�:,r< '- - --AT the day and year first written above. LUBBOCK tv� cs a is .Lowe, Ci Treasurer yo r ARCHITECT Architect's Registration No. E. Hoyse Mc durtr , Partn r. McMurtry & Craig ,.,.. .. f: .. .. ... ,. ecretary- alvl.n C. Cr ig, Jr. , Pa r McMurtry & Craig APPROVEDAS TO FORM: red O. Senter, Jr. , City orn y AIA DOCUMENT B131 • OWNER -ARCHITECT AGREEMENT • SEPTEMBER 1967 EDITION • AIA® 8 ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 .. I^v�..: Tf., "w'y�.�.r,�. :f r :._!4i�—',}M'.3i°j5` .• lit PT a'R s,K� I ,SOf .s�j' ti 11 F - �w.Y .....n. s... .•+re . -. }vr:..teM 'R ..sv f .'^.0 �.. -...-s ..� _ - �+i ii—n+•C l� CITY OF= • - ,kx^.,ici,.3wa..::.�.....} u.r..'"sae,sS,:..Y.C_.=.-..�.......itr..>� }'.'� .< .. w... » . .r ....:; f ...... w<. i.v._.-.. .. ..,.7 ..,. .. .. ....,..wa. ,.....r .. . ...._.w.�....� Porter 2-6411 P. O. Box 2000 L U S 8 0 C K, T E X A S 7 94 08 October 13, 1971 Mr. Bill Cantrell % Architects Group 1617"Broadway Lubbock, Texas 79401 Dear Mr. Cantrell: Pursuant to City Council.meeting..in..work session ►iith you this. date., this is to advise you of their instructions for revising the schematic design of the Memorial Civic Center. Following are the priorities you should follow igwj;,,�exceeid ending cuts or revisions whereby the total project -cost wi 11 -tt�e -funds available (n_umber 1 being _last to cut and numberg first to cut); _ Ne-ArAe FOIL PE2Gv`kM��cl b �:4�5 M 1. �e with minimum of 600 seats 2: ` .A,:banquet teal l with 1,500 seats" or -that-:number°,deemed necessary 3. Capability of 5,000 seats in the exhibit hall 4. 750-seat meeting room in meeting room complex 5. An.early learning center 6. A youth center The Little Theatre should have 600 seats if it is possible to finance the 750-seat meeting room. If the 750-seat meeting room cannot be. financed, the Little Theatre must have a 750-seat capability. We are interested in meeting with you as soon as the schematic revisions are completed so that you may begin design development as soon as possible. Very truly yours, No Text CULTURAL AFFAIRS'COUNCIL BOARD .Or DIRECTORS Board of City Development Bill Armstrong Kenneth May Arnold Maeker _ Category 1, Pexforming Arts Cliff Thompson Lubbock Civic Ballet Arthur Gamble ' Lubbock Symphony Orchestra Dr. P. Melville Larson Lubbock Theater Center Mrs. June .Bearden (At -Large) Lubbock Christian College 'Mrs. Nell Oldham (At -Large) Lubbock Civic Music - Mrs. J. E. Yates (Previous Board) Lubbock Music Club 1 year Bill Lyall (Previous Board) Lubbock Theater Center 1 year Category 2, Visual Arts Mrs. Harold Kelly Lubbock Art Association _. W. F. Holder, Jr. West Texas Museum Association Berwyn .Tisdel :-- " = At ierican Institute of Architects Mrs. Zionalynn Stevens (At -Large) Lubbock Independent School District - James Baker (At -Large) Baker Art Gallery Miss Evelyn Rorex (Previous Board) American Institute of Architects 1 year Eugene Kingman .(Previous Board) Museum 1 year Category 3, Humanities Mrs. Margaret Sholls Lubbock Garden'& Arts Center Mrs. .Bill Horn -Friends of the Library Mrs. Ann Williams Junior League of Lubbock Mrs. Glenda Keyton (At -Large) American Association of University Women Dr. C. Earl Hildreth (At -Large) South Plains Stamp Club Mrs. Jerome Smith (Previous Board) Lubbock Rose Society Ex-Officio Orland Butler Lubbock Independent School District Mrs. Fran Holden Texas .Commission on the Arts & Humanities Mrs. Maxine Blankenship Texas Historical Commission Mrs. Louise Maedgen ARBC of Texas Dr. Orlo Childs Texas Tech University Dr, F. W. Mattox Lubbock Christian College John Whitcomb Lubbock Chamber of Commerce -BCD Mayor Jim Granberry. D. D. S. City of Lubbock I McMURTRY AND CRAIG, ARCHITECTS AND ENGINEERS, 806 795-5544, 3014 - 50th, LUBBOCK, TEXAS 79413 August 3, 1971 Fred Senter, City Attorney City of Lubbock P. 0. Box 2000 Lubbock, Texas 79408 Dear Mr. Senter: GWO - 3024 Central Library We have your letter of July 19, 1971 relative to Article 3.5.1 of our contract with the City of Lubbock, on the Central Library, in which you state, "it is my interpretation, and the intention of the City Council, that you, the Architect, shall modify the plans and specifications, without additional charge, and sub- mit the modified plans to the City Council for re -bidding. Such modifications or revisions shall not be merely the elimination of space or needed facilities or a decrease in quality, but shall mean, if necessary, a re -design of the plans and specifications until acceptable to the City Council and bids are accepted which are within the project limits." Last Thursday morning, July 29, 1971, as we understood the motion, the City Council authorized us to increase the size of the first floor of the building, from 30,400 square feet to 33,280 square feet at an estimated additional cost of.$45,000.00, with no contingency in the $45,000.00. We are also to draw a minimum basement area as shown in our presentation sketch, under the base bid. Believing in the necessity of a full basement and believing in some backing from the County Commissioners Court, we agreed to draw a full basement as an additive alternate, and if sufficient funds are not available, we will not be paid for the basement alternate. Should the bid come within the $1,050,000.00, we understand to be the limit of Library construction costs, but an assessment of all funds available prior to the award of a contract caused the owner to decide to delete the basement, we would still be paid for the work on the alternate enlarging the basement. As we understand the budget, the Central Library -Building is to come at or under the following limit: Building as described and estimated July 29, 1971 905.9000 (10$ contingency fund of $82,000.00). Adding 2880 sq. ft. on first floor,.estimated 45,000 Enlarging basement to same size as expanded first floor 100,000 Limit of building cost 1,050,000.00 E. HOYSE McHURTRY, A.I.A. CALVIN C. CRAIG,JR.,A.I.A.,P.E. MEMBERS AMERICAN INSTITUTE OF ARCHITECTS McMURTRY AND CRAIG, ARCHITECTS AND ENGINEERS, 806 795-5544, 3014 - 50th, LUBBOCK, TEXAS 79413 Fred Senter, City Attorney, August 3, 1971, page 2 It was not clear to us'whether the County Commissioners offer would cover costs above the $1,050,000.00. 1t was pointed out In'the'discuss'ion that construction costs are rising as,much as 1% a month, and we were authorized to proceed with plans and specifications in order to bid the project probably In late January or early February. Hot and chilled water will be provided to the library'building''from the central power plant in the Memorial Center, and the site work will be under another contract, tho we are to advise the Memorial Center Architects of the library's desires and needs. We will have some minor alternates, also. If this is not your understanding of the authorization given us, as of July 29, 1971, please let us know. Yours truly, McMURTRY d CRAIG N ..'e. *074ZR— E. Hoyse McMurtry cc: W. R. Blackwell Al Couch EHM:jp E. HOYSE McMURTRY, A.I.A. CALVIN C. CRAIG, JR., A.I.A., P.E. MEMBERS AMERICAN INSTITUTE OF ARCHITECTS McMURTRY AND CRAIG, ARCHITECTS AND ENGINEERS, 806 795-5544, 3014 - 50th, LUBBOCK, TEXAS 79413 December 28, 1971 Al Couch, Director of Public Services City of. Lubbock P. 0. Box 2000 ✓. Lubbock, Texas Re: Central Library Dear Mr. Couch: We had two short telephone conversations with Mr. Jim Bertram.last Thursday, December' 23, 1971 and with Mr. Sterling Miller yesterday, December 27, 1971. We also have your letter dated December 23, 1971. The essence of the letter and the conversations, as we understand it, is that we will complete the plans and specifications, including final review and approval by the City Council and City Staff, by the end of January, as shown on the 'Time Table of Project Construction and Fund Expenditures, based on $1,050,000," dated August 3, 1971 then await final decision by the Council as to when they want plans pri.nted, released and bid. We understand the owner will have a bond sale March 9, 1972, with delivery of bonds in 20 to 45 days, making April 20 the possible delivery date, and also the earliest date you could legally take bids and award a contract. We also understand it may not be possible for the City to occupy the Memorial Center land until July I, 1972, as it may be necessary that it all be delivered in one parcel, rather than accepting or receiving it as the owner was ready. This is a change from what we last heard from Lubbock Urban Renewal Agency. You can anticipate a 2% increase in construction costs if the bid date is'April 22, 1972 rather than February 22, 1972, or $1,071,000 for a $1,050,000 building, and 5% increase in'construction._costs if the bid date is July 22, 1972, rather than February 22, 1972, or $1,.1022500 for a $1,050,000 building. We had a 10% contingency sum in.our quotation which was based on a February 1972 bid, and that has been used up on some items such as carpet, which has had an unanticipated advance of over 100. Nothing in the above schedule will interfere with our.work'. It would cost:us some .very expensive wheelspinning if we were stopped now, and told to start again on February 27., .1972. — We would like to review the plans -which will be almost complete, before the City Council at their work session on January 12, 19722 if it is possible and practical to do so at that time. Yours truly, McMURTRY 4 CRAIG E. oy e McMurtry cc: N. B. McCullough, Jim Bertram, H. 0. Alderson E. 140YSP McMURTRY, A.I.A. CALVIN C. CRAIG, JR., A.I.A.,P.E, MEMBERS AMERICAN INSTITUTE OF ARCHITECTS, T- !, •a q.. ~fir `��' g {�t: �3'+°.�y, 'Yf? !� 1� iP 762-6411 P. 0. Box 2000 McMurtry & Craig 3014 50th Street Lubbock, Texas 79413 Dear Mr. McMurtry: LUBBOCK. TEXAS 79457 January 13, 1972 On July 29, 1971, the City Council met with you in a work session, making certain revisions necessary in our previous instructions to you contained in our letter dated April 29, 1971. During the work session on July 29, the Council approved $1,345,000 for library improvements. The summary of this total is shown on the attached sheet. A total of $1,050,000 is available for library construction including a full basement. If there are questions or further clarification of instructions required, please advise. APC:ba Sincerely yours, A. P. Couch Director of Public Services CENTRAL -LIBRARY Expenditures and Facilities Revised According To City Council Work Session July 29, 1971 $1,200,000. Bonds Voted + 145,000 $100,000 For Enlarging Basement $ 45,000 For Additional 2,880 Square Feet $1 ,345,000 - 100,000 Contingency $1,245,000 - _12,000 Bond Sale Expense $1,233,000 Total Funds Available Including Fees - 83,000 Architectural Fees $1,150,000 - 100,000 Furniture and Fixtures $1,050,000 * Building Construction Including Excavation & Extra Square Footage * 4-29-71 Instructions Construction Amount 30,400 square feet - lst Floor $905,000 5,560 square feet - 2nd Floor 10,100 square feet - basement area 46,060 square feet 7-29-71 Revisions by City Council ------------- 2,880 square feet - additional first floor $45000 239180 square feet - additional basement $100,000 26,060 square feet $145,000 TOTALS: 72,120 square feet $1,050,000 McMURTRY AND CRAIG, ARCHITECTS AND ENGINEERS, 806 795-5544, 3014 - 50th, LUBBOCK, TEXAS 79413 Al Couch, Director of Public Services City of Lubbock 916 Texas Avenue Lubbock, Texas Dear Mr. Couch: Dec. 22, 1970 GWO 3024 Re: Central Library Consultant According to our understanding of our discussion with the Mayor and City Councilmen, regarding our architectural contract, we will provide the services of a qualified library consultant as follows: A library consultant will be hired by and paid by the project architects, to review the schematic design plan reviewed by the Library Director, before it is presented to the City Council. He will be requested to provide all his normal services at this phase as well as carrying his services further by making suggestions relative to lighting, air handling, electrical outlets, communications, etc. which he would normally review in the final plans. We will secure all possible information from him, but the full program will be written by the owner and he will not be reviewing the program nor the final plans. If the consultant, preferably Robert Rohlf, Minneapolis, comes here, Library personnel will be welcome to be with us at all times. If we have to go to his office, Library personnel are welcome to accompany us to his office. In our conversations with Mr. Rohlf, probably plans will be sent to him, then he will come here for an on -site review and study. Yours truly, McMURTRY & CRAIG 'e, At, *Adj- E. Hoyse McMurtry E. HOYSE McMURTRY, A.I.A. CALVIN C. CRAIG, JR.,A.I.A.,P.E. MEMBERS AMERICAN INSTITUTE OF ARCHITECTS LnWek, Texas,`Fiiday Morning, 4*28; im library rare, STORM CLEANUP distance 'behind , him,. for r''challenges� Gra�d Bkoke'n' and the gtre mb rland. Cumberland: oahem e,j. � one of sever- al OFches damaged by the 1 0�1 New Library , j, tornado, was, virtually de- ; for a F inlaid north inlaid north q � G �l1/ w wall. above the e the �' choir loft. 11 '. Mayor Morris Turner, By EUGENE • SMITH The Invocation was given 'Who was a city councilman . ,when,#he,storm 'struck, wel- P Avalauche4ournal Staff s In ,the midst of the land by the Rev.: Sam Estes, who thanked "God, with the ar6omed the 100- or so who gathered for stripped by the May 11, 1970 tornado and ensuing ` remains of his First Cum- R• the occasion b•. by: declaring .that "`this is Berland Presbyterian not just the beginning of a P clean efforts those re -up P- Church still standing in the „ pF building, ' but the true, reali- , - 1' zation of what a city,and its I resenting the Lubbock cam- g See LIBRARY Page 6 citizens `can do, to bring munity Thursday turned the back life.from tragedy." first earth toward building r Greely " Sanders, repre- projects which will trans- senting the City -County Li- fonn the tornado -stricken brary Board, and County area. Judge Rod Shaw also made In a 15-minute ceremony brief comments'. " near the intersection of Sth �. The 45,000-square foot;:li- Street and Avenue K, city brary, with its unusual nyez= councilmen, county commis- zanine-type second level sioners and other ..officials and an unfinished base - and .citizens broke ground_ 7 ment, is to be completed`' for the $1.3 million City- . k next summer by .the Ama-. , County Library. rillo,construction firm Page : .A. C. Verner, chairman of ; and Wirtz. It was 'designed.. `; the 11--nember Citizens Ad-" i by architects Calvin Craig visory Commission which ''., and Hoyce McMurtry . of guided the , city's recovery Lubbock. through toe summer pefforts 1 sue voted In August, 1970. The 45,000 square loot structure, ultimately will be p . art of the massive civic center complex which Is scheduled to be, completed about 1975, covering several blocks of the area near ,downtown which was devas- t4ted by the massive torna- do of may n, 1970. 'The library, with Its earth tone colors and unusual mezzanine, interior construe- tion and unfinished base- m.ent, Is due to be complet- jed next summer by the Am- arillo contracting firm Page and Wirtz. It -was designed by archl.; tects Calvin Craig and. Noyce McMurtry.