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HomeMy WebLinkAboutResolution - 059 - Two Contract Copies - Ron D. Beard - Renovation, Manicapelli House - 01/25/1979LGB:hw 'DVQ 1LTTTTr)M BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: RESO - 59 THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock two copies of an architects services contract with Ron D. Beard, Architect for renovation of the Manicapelli house, attached herewith 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. Passed by the City Council this 25th day of January ,1979. ATTEST:. Ekrelyn Gaf ga, City Secre a -Treasurer APPROVED AS TO CONTENT: Lawrence Banks, Community Facilities APPROVED AS TO FORM: Leon G. Bean, Asst. City Attorney lWi'.ld� L 1 -4) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document B151 Abbreviated Form of Agreement Between Owner and Architect For Construction Projects of Limited Scope 1978 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the TWELFTH day of JANUARY in the year of Nineteen Hundred and SEVENTY—NINE BETWEEN the Owner: CITY OF LUBBOCK and the Architect: RON D. BEARD For the following Project: (Includes detailed description of Project location and scope.) RENOVATION OF THE MANICAPPELLI HOUSE — CANYON LAKES The Owner and the Architect agree as set forth below. Copyright 1974, p 1978 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B151 - ABBREVIATED OWNER -ARCHITECT AGREEMENT - JUNE 1978 EDITION - AIAO 0 1978 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B151-1978 1 Terms and Conditions of Agreement Between Owner and Architect ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBILITIES The Architect's Basic Services are as described un- der the four Phases identified below and in Article 10, and unless otherwise provided in Article 10, include normal structural, mechanical and electri- cal engineering services. 1,1 DESIGN PHASE 1.1.1 . The Architect shall review with the Owner alterna- tive approaches to design and construction of the Project. 1.1.2 Based on the mutually accepted program and Proj- ect budget requirements, the Architect shall prepare, for approval by the Owner, Design Documents consisting of drawings and other documents appropriate for the Proj- ect, and shall submit to the Owner a Statement of Proba- ble Construction Cost. 1,2 CONSTRUCTION DOCUMENTS PHASE 1.2.1 Based on the approved Design Documents, the Ar- chitect shall prepare, for approval by the Owner, Con- struction Documents consisting of Drawings and Specifi- cations setting forth in detail the requirements for the construction of the Project and shall advise the Owner of any adjustments to previous Statements of Probable Construction Cost. 1.2.2 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents re- quired for the approval of governmental authorities hav- ing jurisdiction over the Project. 1.3 BIDDING OR NEGOTIATION PHASE 1.3.1 Unless provided in Article 10, the Architect, fol- lowing the Owner's approval of the Construction Docu- ments and of the most recent Statement of Probable Con- struction Cost, shall assist the Owner in obtaining bids or negotiated proposals and in awarding contracts for con- struction. 1.4 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.4.1 The Construction Phase will commence with the award of the Contract for Construction and will terminate when final payment to the Contractor is due, or in the absence of a final Certificate for Payment or of such due date, sixty days after the Date of Substantial Completion of the Work, whichever occurs first. 1.4.2 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect shall provide administration of the Contract for Construc- tion as set forth below and in the edition of AIA Docu- ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1.4.3 The Architect shall be a representative of the Owner during the Construction Phase. Instructions to the Contractor shall be forwarded through the Architect. 1.4.4 The Architect shall visit the site at intervals appro- priate to the stage of construction or as otherwise agreed by the Architect in writing to become generally familiar with the progress and quality of the Work and to deter- mine in general if the Work is proceeding in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of such on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 1.4.5 The Architect shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for the acts or omissions of the Contractor, Sub- contractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. 1.4.6 The Architect shall at all times have access to the Work wherever it is in preparation and progress. 1.4.7 The Architect shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Pay- ment, and shall issue Certificates for Payment in such amounts. 1.4.8 The issuance of a Certificate for Payment shall con- stitute a representation by the Architect to the Owner, based on the Architect's observations at the site as pro- vided in Subparagraph 1.4.4 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated; the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Comple- tion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a repre- sentation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 1.4.9 The Architect shall be the interpreter of the re- quirements of the Contract Documents and the judge of the performance thereunder by both the Owner and Contractor, and shall render written decisions on all claims, disputes and other matters in question between the Owner and the Contractor. In the capacity of inter- preter and judge, the Architect shall endeavor to secure faithful performance by both the Owner and the Con- tractor, shall not show partiality to either, and shall not be AIA DOCUMENT 6151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • JUNE 1978 EDITION • AIA® 0 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B151-1978 2 liable for the result of any interpretation or decision rendered in good faith in such capacity. 1.4.10 The Architect shall have authority to reject Work which does not conform to the Contract Documents, and will have authority to require special inspection or testing of the Work whenever, in the Architect's reasonable opin- ion, it is necessary or advisable for the implementation of the intent of the Contract Documents. 1.4.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Architect's ap- proval of a specific item shall not indicate approval of an assembly of which the item is a component. 1.4.12 The Architect shall prepare Change Orders for the Owner's approval and execution, and shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time. 1.4.13 The Architect shall conduct inspections to deter- mine the Dates of Substantial Completion and final com- pletion, and shall issue a final Certificate for Payment. 1.4.14 The extent of. the duties, responsibilities and limita- tions of authority of the Architect as the Owner's repre- sentative during construction shall not be modified or ex- tended without written consent of the Owner, the Con- tractor and the Architect. 1.5 ADDITIONAL SERVICES 1.5.1 Additional Services shall be provided if authorized or confirmed in writing by the Owner or if included in Article 10, and they shall be paid for by the Owner as provided in this Agreement. 1.5.2 If the Owner and the Architect agree that more extensive representation at the site than is described in Paragraph 1.4 shall be provided, such additional project representation shall be provided and paid for as set forth in Article 10. 1.6 TIME 1.6.1 The Architect shall perform services as expediti- ously as is consistent with professional skill and care and the orderly progress of the Work. ARTICLE 2 THE OWNER'S RESPONSIBILITIES The following services and responsibilities, and any others so indicated in Article 10, shall be un- dertaken by the Owner. 2.1 The Owner shall provide full information including a program, which shall set forth the Owner's design objectives, constraints and criteria. 2.2 The Owner shall furnish a legal description and a certified land survey of the site and the services of soil engineers or other consultants when such services are deemed necessary by the Architect. 2.3 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and re- ports as required by law or the Contract Documents. 2.4 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the Contractor's Applica- tions for Payment or to ascertain how or for what pur- poses the Contractor uses the moneys paid by the Owner. 2.5 The services, information, surveys and reports re- quired by Paragraphs 2.2 through 2.4 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.6 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Architect. 2.7 The Owner shall furnish required information and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect's serv- ices and of the Work. ARTICLE 3 CONSTRUCTION COST 3,1 DEFINITION 3.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 3.1.2 The Construction Cost shall include at current mar- ket rates, including a reasonable allowance for overhead and profit, the cost of labor and materials furnished by the Owner and any equipment which has been designed, specified, selected or specially provided for by the Archi- tect. 3.1.3 Construction Cost does not include the compensa- tion of the Architect and the Architect's consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the Owner as provided in Article 2. 3,2 RESPONSIBILITY FOR CONSTRUCTION COST 3.2.1 It is recognized that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or nego- tiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from any Statement of Probable Con- struction Cost or other cost estimate or evaluation pre- pared by the Architect. 3.2.2 No fixed limit of Construction Cost shall be estab- lished as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been estab- lished, the Architect shall be permitted to include con- tingencies for design, bidding and price escalation, to de- termine what materials, equipment, component systems and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Doc- uments Alternate Bids to adjust the Construction Cost to the fixed limit. Any such fixed limit shall be increased in AIA DOCUMENT 8151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • JUNE 1978 EDITION • AIA® 3 61514978 © 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 the amount of any increase in the Contract Sum occurring after execution of the Contract for Construction. 3.2.3 Any Project budget or fixed limit of Construction Cost shall be adjusted to reflect any change in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 3.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 3.2.3) is exceeded by the low- est bona fide bid or negotiated proposal, the Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or renegotiating of the Project within a reasonable time, (3) if the Project is abandoned, terminate in accordance with Paragraph 7.2, or (4) coop- erate in revising the Project scope and quality as required to reduce the Construction Cost. In the case of (4), pro- vided a fixed limit of Construction Cost has been estab- lished as a condition of this Agreement, the Architect, without additional charge, shall modify the Drawings and Specifications as necessary to comply with the fixed limit. The providing of such service shall be the limit of the Architect's responsibility arising from the establishment of such fixed limit, and having done so, the Architect shall be entitled to compensation for all services performed, in accordance with this Agreement, whether or not the Con- struction Phase is commenced. ARTICLE 4 PAYMENTS TO THE ARCHITECT 4.1 An initial payment as set forth in Paragraph 9.1 is the minimum payment under this Agreement. 4.2 Subsequent payments for Basic Services shall be made monthly and shall be in proportion to services per- formed within each Phase. 4.3 When compensation is based on a percentage of Construction Cost, and any portions of the Project are deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent services are performed on such portions, in accordance with the schedule set forth in Subparagraph 9.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent Statement of Probable Construction Cost. 4.4 Reimbursable Expenses include actual expenditures made by the Architect in the interest of the Project for: .1 expense of transportation and living expenses in connection with out-of-town travel, authorized by the Owner, .2 long distance communications, .3 fees paid for securing approval of authorities hav- ing jurisdiction over the Project, .4 reproductions, .5 postage and handling of Drawings and Specifica- tions, .6 renderings and models requested by the Owner, .7 expense of overtime work requiring higher than regular rates, if authorized by the Owner, .8 expense of any additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's con- sultants. 4.5 Payments on account of the Architect's Additional Services and for Reimbursable Expenses as defined in Paragraph 4.4 shall be made monthly upon presentation of the Architect's statement of services rendered or ex- penses incurred. 4.6 No deductions shall be made from the Architect's compensation on account of sums withheld from pay- ments to contractors. A.7 If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 7.4. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be equitably adjusted. ARTICLE 5 OWNERSHIP AND USE OF DOCUMENTS 5.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the Architect whether the Project for which they are made is executed or not. The Owner shall be permitted to retain copies, in- cluding reproducible copies, of Drawings and Specifica- tions for information and reference in connection with the Owner's use and occupancy of the Project. The Draw- ings and Specifications shall not be used by the Owner on other projects, for additions to this Project, or for com- pletion of this Project by others provided the Architect is not in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. 5.2 Submission or distribution to meet official regula- tory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's rights. ARTICLE 6 ARBITRATION 6.1 All claims, disputes and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitra- tion Association then obtaining unless the parties mutu- ally agree otherwise. No arbitration, arising out of or re- lating to this Agreement, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Agreement except by written consent containing a specific reference to this Agreement and signed by the Architect, the Owner, and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute con- sent to arbitration of any dispute not described therein. This Agreement to arbitrate and any agreement to arbi- trate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. AIA DOCUMENT 8151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • JUNE 1978 EDITION • AIAO 0 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20W6 6151-1978 4 6.2 In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 6.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 7 TERMINATION OF AGREEMENT 7.1 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 party initiating the termination. 7.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect in the event that the Project is permanently abandoned. 7.3 In the event of termination not the fault of the Architect, the Architect shall be compensated for all services performed to termination date, together with Re- imbursable Expenses then due and all Termination Ex- penses as defined in Paragraph 7.4. 7.4 Termination Expenses include expenses directly at- tributable to termination for which the Architect is not otherwise compensated, plus an amount computed as a percentage of the total compensation earned to the time of termination, as follows: .1 20 percent if termination occurs during the Design Phase, or .2 10 percent if termination occurs during the Con- struction Documents Phase, or .3 5 percent if termination occurs during any subse- quent phase. ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 This Agreement shall be governed by the law of the principal place of business of the Architect. 8.2 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the relevant Date of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of issuance of the final Certificate for Payment. 8.3 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representa- tives of such party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. 8.4 This Agreement represents the entire and inte- grated 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. AIA DOCUMENT 0151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • JUNE 1978 EDITION • AIA® 5 B151-1978 0 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 a ARTICLE 9 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Services provided, in accordance with Article 4, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 9.1 AN INITIAL PAYMENT OF ONE THOUSAND dollars ($1000. od shall be made upon execution of this Agreement and credited to the Owner's account as follows: ONE-HALF CREDITED DURING DESIGN PHASE ONE—HALF CREDITED DURING C.D. PHASE 9.2 BASIC COMPENSATION 9.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.4 or identified as such in Article 10, Basic Com- pensation shall be computed as follows: , (Here insert basis of compensation, including fixed amounts, multiples or percentages, and identify Phases to which particular methods of com- pensation apply, If necessary.) TOTAL FEE SHALL BE SIX PERCENT (6%) OF CONSTRUCTION COSTS OR $6300.00, WHICHEVER IS LESS. PAYMENTS TO ARCHITECT SHALL BE MADE MONTHLY BY THE STH OF THE MONTH. 9.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Ser- vices shall be made as provided in Subparagraph 4.2 so that Basic Compensation for each Phase shall equal the following percentages of the total Compensation payable: (Include any additional phases as appropriate.) Design Phase: 35 percent ( %) Construction Documents Phase: 4.0 percent ( %) Bidding or Negotiation Phase: 10 percent ( %) Construction Phase: 15 percent ( %) 9.3 FOR ADDITIONAL SERVICES provided under Paragraph 1.5 or identified as such in Article 10, compensation shall be computed as follows: (Here insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals, consultants and employees. Iden- tify specific types of consultants in Article 10, if required.) $250.00 PER WATERCOLOR RENDERING, IF REQUIRED 9.4 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of busi- ness of the Architect. (Here Insert any rate of interest agreed upon.) (Usuary laws and requirements under the Federal Truth in lending Act, similar state and local consumer credit laws and other 'regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) 9.5 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 9.5.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted., 9.5.2 IF THE SERVICES covered by this Agreement have not been completed within SIX ( 6, -')-months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. AIA DOCUMENT 9151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • JUNE 1978 EDITION • AIAO ® 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 BISI-1978 6 ARTICLE 10 OTHER CONDITIONS OR SERVICES (Describe any services not included above which are to be performed by the Architect or Owner. State whether ser- vices to be provided by the Architect are Basic Services or Additional Services.) BASIC SERVICES SHALL ALSO INCLUDE INTERIOR DESIGN AND SUPERVISION. FULL COLOR WATERCOLOR RENDERINGS REQUIRED SHALL BE DONE AT A COST OF $250.00 EACH'AND.SHALL BE PROVIDED AS ADDITIONAL SERVICES. Approved as to Content: r J' Weston, Director of Communtiy Facilities Approved as to Form: AIA DOCUMENT B151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • )UNE 1978 EDITION • AIA® 7 8151-1978 ® 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006