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HomeMy WebLinkAboutResolution - 3898 - Contract - MWM Architects Inc - Citibus Downtown Transfer Plaza - 05_28_1992Resolution No. 3898 May 28, 1992 Item #12 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 for and on behalf of the City of Lubbock a contract with MWM Architects, Inc., to provide architectural and engineering services for the construction of the Citibus Downtown Transfer Plaza, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall co titute and be a part of this Resolution as if fully copied h ein detail. Passed by the City Council this t 28th day 4p-f/ May /'1 , 1992. .VID R. -0:,- d"GSTON( )MAYOR ATTEST: ty Secretary APP VED AS TO C TEN : 4�wyvl W-/ Larry . Hoffman rector of Transportation APPROVED AS TO FORM: J orth Full ngim, Ass st t C' y Attorney T If E A b1 E R I C A N I N S T I T U T E Resolution No. 3898 May 28, 1992 O F Item A2 R C 11 1 T E C T S AIA Docwnenl B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION 7111 S DOC1JAI1sN7' IIAS IAII10R7ANT LIsGAL CONSEQ(I1:NCrS, CONSULTeI T1ON IC4771 AN A7'7ORN1. )' IS ENCOURAGED WI7I1 RlSPh*CT 7'0 ITS COMPLETION OR AIODIFICA770N. AGREEMENT made as of the Twenty -Eighth day of May in the year of Nineteen Hundred and Ninety-two BETWEEN the Owner: (Nierrrerendnddrrss) City of Lubbock County of Lubbock State of Texas and the Architect: MWM Architects, Inc. (,Vnneand address) 2574 74th, Suite 201 Lubbock, Texas 79423 For the following Project: (111duds. 14,461itl de!a iputra of mnyra. Imwai n, tuldrms mul srotw.) A Citibus Downtown Transfer Facility, located on the entire City Block bounded by Broadway, 13th Street, Avenue G and Avenue H, Lubbock,Texas. The Facility shall include waiting space for 150 to 200 passengers, Dispatcher/Supervisor/Rural Office, Vending area, Public&staff Restrooms, storage and Janitorial space, circulation and parking for up to Eleven Buses and Eight Cars along with appropriate site development, site irrigation and landscaping. The Owner and Architect agree aS set forth below. Copyright 1917, 1926, 1949, 1+)51, 1953, 195H, 1961, I4X9, 1906, 1967, 1970. 1974, 1977, 01987 by The American Institute of Architects, 1735 New York Avcn(Ic, N.W., Washington, D.C. 20006. licproduction of the material herein or substantial quotation of its provisk)ns w1thout written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 0141 • ()%X'NFR AR(:HI7'F.CT AGRF.FMF.NT • FOURTFF.NTII EDIVON • AIA* • 01987 l iiF. AAIF.RICAN INSTITtl1'F OF ARCIII7'F.(:1'S, 17.15 NF.W YORK AVENUE:, N.W., WASIIINGTON, D.(:, 21X)0(, 81 41-1987 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants :cti enumerated in Articles 2 and 3 of this Agreement anti any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance• of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances fi►r periods of time required for the (boner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or (honer. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 1 I.S.I. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described In Purugraphs 2.2 through 2.6 anti any other services identified in Article 12 as part of Basic Services, and include normal struc- tural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the (honer to ascertain the requirements of the Project and shall arrive at a mutual understanding of sucl► requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of file Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the linlfta- tions set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches tit) design and construction of the Project. 2.2.4 11mcd on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by tie Owner, Schematic IX -sign Docu- ments consisting of drawings and other documents illustrating the scale and relationship of Project conllxnu•nts. 2.2.5 the Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Sclicniatic Ihsign Documents and any adjustments authorized by the Owner In the progrun, schedule or construction huclgct, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and Other do icun►cnts to fix and descril►c the size and character of the Project as n, architectural, struc- tural, mechanical and electrical systems, materials and such other elements as may he appropriate. 2.3.2 The Architect shall advise the (honer of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjustments in the scolle or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the (honer, Construction I) cun)ents consisting of Drawings and Spccifica- tions setting forth in detail the requirements for the construc- tion of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, hidding forts, the Condi- tions of the Contract, and the forum of Agreement between the Owner anti Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist tile Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE —ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract fur Construction and terminates at the earlier of the issuance to the Owner of fhc final Certificate for Payment or 6A) days after the date of Substantial Completion of the Work, units extended under the terms of Subparagraph 10.3.3. 2.6.2 The Architect shall provide administration of the Con- tract for Construction :is set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, mollified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not he unreasonably withheld. AIA DOCUMENT 6141 % OWNF.R•ARC111TECT AGRFE.N1EN'r • FOt1RTEF.NI'll EDITION • AIAm • 01987 IIIE AN RICAN INSTITUTE OF ARCI IITECTS, 1735 NEVI' YORK AvENt1E, N.W., UTA5IIING7'ON, I).C. 2txxoG B 141-1987 2 2.6.4 The Architect shall he a representative of :utcl shall advise and consult with the Owner (1) during construction until final payment to the Contractor is (.file, and (2) as ;tit Additional Ser- vice at the Owner's direction from tints to time (.luring the cor- rection period described in the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the t 1 wur anti Architect fn writing to become generally familiar with the progress and quality of the Work completed and to determine fn general if the Work is being performed Ina man- ner indicating that the Work when completed will he fit atccor- da iwe with the Contract Documents. I lowever, the Architect shall not he required to stake CXliataSliwe or continuous on -site inspections to check the tpuality or quantity of the Work. On the basis of on -site observations as :tit 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 anti deficiencies in the Work. (,time evionsirc site relwesentoition nictp he rigmerf to «s rut Additional Set -vice, as describer) in •1.2.) 2.6.6 The Architect shall not have control over or charge of and shall not he responsible for construction means, methods, it chniques, sequences or procedures, or for safety precautions and programs fn connection with the Work, since these are solely the Contractor's respwnsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accor- dance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contrac- tor, Subcontractors, or their agents or employees, or of :uty other persons perforating portions of the Work. 2.6.7 The Architect shall at :all times have access to the Work wherever it is fn preparation or progress. 2.6.8 Except as may (otherwise be provided In the Contract Documents or when direct communications have been spe- cially authorized, the (honer and Contractor shall conlattunic:uc through the Architect. Communications by and with the Archl- let:I'5 (.unsultantS shall be through the Architect. 2.6.9 (lased on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the :mrlounts due the Contractor. 2.6.10 The Architect's certification for payment shall consti- tute a representation to the Owner, based on the Architect's ohser•atioms at the site as provided fn Suhparagraph 2.6.5 and ()it tile data comprising the (ontractor's Application for Pay- ntcnt, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief: quality of the Work is fit accordance with the Ctmtrac•t Documents. The foregoing representations are subject to :ut (.valuation of the Work for conformance with the Contract Duc•unicnis upxm Substantival Completion, to results of Subse- quent tests and inspections, to minor deviations from the Con- tract l)ocunients correctable prior to completion and to spe- cific qualifications expressed by the Architect. The issuance of Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the :amount certi- ficd. Ilowever, the issuance of a Certificate for Payment shall not he a representation that the Architect has (1) made exhaus- tive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, meth- ods, techniques, sequences or procedures, (i) reviewed copies of requisitions received from Subcontractors and material sup- pliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ewertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Archftect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for iniplementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract IAtcu- ments, whether or not such Work is fabricated, installed or completed. l lowever, neither this authority of the Architect nor a decision made in good fifth either to exercise or not to exer- cise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other per- sons perforating portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay In the Work or in the con- sti-LIC0011 of the Owner or of separate contractors, while allow- ing sufficient tittle in the Architect's professional judgment to permit adequate review. Review of such submittals is not c•on- dtICICd fur the purpose of determining the accuracy and cony pleleness of other details such aS (IfntcnsionS and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety prec~actions or, unless otherwise specifically stated by the Architect, of construction nicans, methods, technitµacs, sequences or procedures. 'I'he ArchitCCI'S approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Docunicnts, the Architect shall he entitled to rely upon such certification to establish that the materials, systenis or equip• meat will meet the performance criteria required by the Cow tract Documents. 2.6.13 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 1.1.1 :and i i.i, for the Owner's approval and execution fit accordance with the Contract Documents, and may authorize minor changes fn the Work not involving an adjustment fn the Contract Sum or :an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the (lane or dates of Substantial Completion and the date of final completion, shall receive :and forward to the Owner for the Owner's review and records written tt•arrantics and related docunicnts required by the Contract Documents and asscnt- bled by the Contractor, and shall issue a final Certificate for Pay- ment upon - untpliance with the requirements of the Contract Da cuaucnts. AIA DOCUMENT B141 • OWNER-ARCHITF, a '6HEF.MENT • F0UR7•EEN'rll EDITION • AIAG • C414R7 3 B141-1987 Tl It: AMERICAN INSTri' 'rE OF ARCIIITEC'1 5 NEW YORK AVENUE, N.W., WASIHNGTON, D C. 2(XX)O 2.6.15 The Architect shall Interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably Inferable from the Contract Documents and shall be In writing or in the form of drawings. When making such Interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of Interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthe- tic effect shall be final If consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the execu- tion or progress of the Work as provided in the Contract Documents. 2.6.19 The Architect's decisions on claims, disputes or other matters, Including those in question between the Owner and Contractor, except for those relating to aesthetic effect as pro- vided in Subparagraph 2.6.17, shall be subject to arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described In this Article 3 are not included in Basic Services unless so Identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services In Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to com- mencing such services. If the Owner deems that such services described under I'aragriplt 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Addi- tional Services are not required, the Architect shall have no obli- gation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 if more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carry- ing out such additional on -site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compen- sated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall he as described in the edition of AIA Document I1352 current as of the data: of this Agreement, unless other -A+ agreed. 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide further protec- tion for the owner against defects and deficiencies In the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made neces- sary by adjustments in the Owner's program or Proj- ect budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's fail- ure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qual- ity, complexity, the Owner's schedule, or the method of bid- ding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and fur- nishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services In connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotia- tion or construction prior to the completion of the Construc- tion Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and program- ming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies_ 3.4.3 Providing pkinning surveys, site evaluations or com- parativ( .tudies of prospective sites. AIA DOCUMENT 0141 • OWNER-ARCIIITECT AGREEMENT • FOURTEENTH EDITION • AIA' • © t987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NX, WASHINGTOI !i r'. 200tK B141-1987 4 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.6 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordi- nation of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a con- struction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equip- ment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings show- ing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.16 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Cer- tificate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 3.4.19 Providing services of consultants for other than archi- tectural, structural, mechanical and electrical engineering por- tions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise Included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full Information regarding requirements for the Project, Including a program which shall set forth the Owner's objectives, schedule, constraints and cri- teria, including space requirements and relationships, flexi- bility, expandabillty, special equipment, systems and site requirements. 4.2 The Owner shall establish and update an overall budget for the Project, Including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evi- dence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or Stich authorized representative shall render decisions In a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential prog��resees of the Architect's services. 4.5 The rOwrter slla[t fiirnv ik uaveyss d s��itYia�ke hyslcal characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; ,adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restric- tions, boundaries and contours of the site; locations, dimen- sions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, Including Inverts and depths. All the information on the survey shall be referenced to a project benchmark. *through t�le� Ar f�i tecE �Servi ceps 4.6 The Owners ha I rnis t e sery ces o geotechn cal engi- neers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resis- tivity tests, including necessary operations for anticipating sub- soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consul- tants when such services are reasonably required by the scope of the Project and are requested by the Architect. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, Including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on a behalf of the Owner. 4.9 The sevibE littbrttiatiol�i, rv�q�anu reports required by Paragraphs * shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect If the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution, The Owner shall not request certifica- tions that would require knowledge or services beyond the scope of this Agreement. AIA DOCUMENT 0141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIAG • 01987 5 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall he the total cost or esti- mated cuss to the ( )wner of III elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or speclatily provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. ht addition, a reasonable allow- ance for contingencies shall Ix included for market conditlons at the time of bidding and for changes In the Work during construction. 5.1.3 Constrtction Cost does not -include the ctinipensation of the Architect and Architect's consultants, the costs of the land, rights -of -way, financing or other costs which are the respon- sibility of the Owner -.as provided In Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Con- struction Cost, if any, prepared by the Architect, represent the Architect's hest judgment ;a% a design professional familiar with the construction industry. It is recognized, however, that nei- ther the Architect nor the Owner has control over the cost of lair. materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed t, by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upx,n in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall he permitted ut include contingencies for design, bidding and price escalation, it) determine what materials, equipment, com- ponent systems and typics of construction are to he Included in the Contract Documents. to make reasonable adjustments In the scope of the Project and to include in tine Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Suns occurring after execution of the Contract for Construction. 5.2.3 if the Bidding or Negotiation Phase has not commenced within c}U days after the Architect submits the Construction Iocuments to the Owner, .any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the (lane of submission of the Construction Documents to the Owner and the date on which prolms is are sought. 5.2.4 If a fixed limit of Construction Cost adjusted as pro- vided In Subparagraph 5.2. i) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written apprbval of an increase In such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the I roject Is abandoned, terminate in accordance with Paragraph R. 3; or .4 cooperate in revising the 1'n,jcct scuts and quality as required to reduce the: Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.-1.4, the Architect, without additional charge, shall modify the Con- tract Ducumems as necessary to comply with the fixed limit, if established as a condition of this Agreement. The imWifac'ation of Contract Documents shall he the limit of the Architect's responsibility arising out of the establishment of :t fixed lintit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is conmienced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect lei this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all conu»on law, statutory and other reserved rights, including the copyright. The Owner shall he permitted to retain copies, Including rellm. ducible copies, of the Architect's Drawings, Specifications and other documents for information :laid reference in connection with the Owner's use a,nd occupancy of the Project. The Archi- tect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, liir additions to this Project or for completion of this Project by others, unless the Architect is adjudged to he in default under this Agreement, except by agreement in writing and with appropriate compen- sation to the Architect. 6.2 Submission or distribution of documents to nice[ official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Clailms, disputes or other matters in question between the parties to this Agreement arising vial of or relating to this Agree- ment or breach thereof shall he subject to and decided by arbi- tration In accordance with the Construction Industry Arbitra- tion Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. 7.2 Demand for arhitruion shall be tiled in writing with the other party to this Agreement and with the American Arhitrt- tion Association. A demand for arbitration shall Ix made within a reasonable time after the claim, dispute or other matter in. question has arisen. In no event shall the demand fir arbitration be made after the date when institution of legal or equitable proceedings based own such claim, dispute or other matter in cµustkm would be barred by thc• apililic'able statutes of lintitaui<uts. 7.3 No arbitration :arising out of or relating to this Agreement Shall include, by consolidation, joinder or in any other manner, .in additional person or entity not a party to this Agreenicnt. AiA DOCUMENT 0141 • OWNER-ARCIi1TF.CT AGREEMENT • FOURTEENTii EDITION • AiA• • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 21xx,6 B141-1987 6 except by written consent containing a specific reference to this Agreement signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving :in additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person I r entity not nanied or described therein. The foregoing agree- ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agrcement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 7.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it In accordance with applicable law in all), court having jurisdiction thereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may he terminated by either party upon not less than seven clays' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the pan), initiating the temiltiation. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such susp cnsion. When the Project is resumed, the Architect's compensation shall he equi- tably adjusted to provide for expenses incurred in the interrup- tion ;laid resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not. less than seven days' written notice to the Architect In the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance will) this Agreement shall he considered substantial nonperformance and cause for termination. 8.5 If the t: wncr fails to -stake payment when due the Archi- tect for scrvices and expcnscs, the Architect may, upon seven days' written notice to the Owner, suspend performance of scr- ices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or (Janiage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated fur services performed prior w termination, together with 116111bul:4ablC Expenses then clue and all 'termination Expenses as defined in Paragraph 8,7. 8.7 'Termination Expenses arc in:addition to compensation for ILisic and Additional Services, :mid include expenses which are clirec(ly attribmable to termination. Termination expenses shall he computed as a percentage Of the total amiperosatlon for Iiasic Services :and Additional Services earned to the time of ter- mination, as, follows: .1 T%%cnty percent of the total compensation for Basic and Additional Services earned to data If termht: ilon occurs Ix fo arc or during the predesign, site analysis, Or Schematic Design Phases; or .2 Ten percent of the total compensation for Basic and Additional Services earned to date if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for B.isic and Additional Services camed to elate if termination occurs (luring any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Con- tract for Construction, current as of the date of tills Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to :act shall be deenied to have accrued and the applicable statutes of limitations sha11 cony niencc to run not later than either the date of Substantial Com- pletion for acts or failures to :act occurring prior to Substantial Completion, or the (late of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each either and against the contractors, consultants, agents and employees of the other for damages, but Only to the extent cow ercd by property Insurance , except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions Of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, succes- sors, assigns and legal representatives of such other party with respect to all covenanis of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written con- sent of the other. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement n)ay be amended only by written Instrument signed bl• loth Owner and Architect. 9.7 Nothing contained in tliis :Agreement shall create a contrac- tual relationship with Or a cause of action in favor of a third party against either the Owner ur Architect. . 9.8 Unless otherwise provided in this Agrcenicni, the Architect and Archiiec't :s consultants shall have nu responsibilty for the discovery, presence, handling, removal or disposal of or expo- sure of persons to li;mirdous materials lit any form at the Project site, including but not limited 11) asbcsuos, .rite;sups proxlucts, polychlorinated biphenyl (11Cll) or other toxic substances. 9.9 The Architect shall have the right to include representa- tions of the design of the I'rojcct, including photographs of the exterior and interior, aniong the Architect's prinnotlonal :and profumlonal niatcrials. 'floe Awhitcet's niatcri;ls shall not Include the Owner's confidenlIA or proprietary Info►rm:ulon if the Owner has previously advised the :Architect in writing of AIA DOCUMENT 0141 • 1 0WNER•ARCHITECT AGRITAIF.NT • FOURTEENTII EDITION • AIA• • 01987, 7 B141-1987 'I'HH AMERICAN INSTI i OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., V:WASIIINGTON, D L. j(NN16 the specific information considered by the Owner to be conft- dential or proprietary. The Owner shall provide professional credit for the Architect on the comstruction sign and In the pro- motional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and tilt portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employer benefits, insurance, Sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensa- tion for Basic and Additional Services and include expenses Incurred by the Architect and Architect's employees and corn- sultanis in the Interest of the Project, as Identified in the follow- ing Clauses. 10.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for secur- ing approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage and handling of Drawings. Specifications and other documents. 10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 10.2.1.4 Expense of rendcruipp, models and mock-ups requested by the O«•ner. 10.2.1.5 Expense of additional insurance coverage or limits, Including professional liability Insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. 10.2.1.6 Expense of computer -aided design and drafting equipment time when used in connection with the Project. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An Initial payment as set forth in Paragraph I L I is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to Ibe extent that the time initially established in Subparagraph 11.5.1 of this Agreement Is exceeded or extended through no fault of the Architect, compensation for any ser- vices rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When coml-wnsation is based on a percentage of Con- struction Cost and any portions of the Project arc deleted or otherwise not constricted, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth In Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall he matte monthly upon presentation of the Architect's statement of services ren- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.6.1 No deductions shall he made from the Architect's com- pensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Mork other than those for which the Architect has bCeil found to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 ItecOrLIS of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- able to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 j: BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL. PAYMENT of Zero Dollars (i 0.00 shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, sus described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed m follows: lhrserl lxisis uj r„ np lua8,a, iadarliag stipulated spears, aarlllples ar percentages. and Identify pi,rrses m abi,•%, /Krrli,7dur un-IMMIS (!t ,�uryxwiariwr ry,/,Ir, if umess`r^`' Compensation- for the Architect's Basic Services Shall be One Hundred,* One Thousand., Five Hundred Dollars..($101,500.00) plus Reimbursable Expenses. AIA DOCUMENT 0141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIAS • 019H7 TILE AMERICAN INSTITUTE OP ARCHITECTS, 173S NEW YORK AVENUE, N.W., WASIIINGTON, D.C. 20006 B141-1987 8 11.2.2 Where compensation is based an a slipufated sum or percentage of Constriction Cost, progress payments for Ifaslc Services Ill carp ph:Lse shall total the following percentages of the tonal Basic Compensation payahle: lllmerf at-/r/Ifirnur/ phrfsPS Its rrfq+IYgn'ilae. f Schematic Design Phase: f if teen percent ( 15-Y+) Iksign lkvelopment Phase: twenty percent ( 20%) Construction Documents Phase: forty percent ( 40`x) Bidding or Negotiation Phase: five percent ( 5%) Construction Phase: — twenty _ percent( 20%) -Total II.uie Compensation: one hundred percent (100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR I'RUJE(:T REPI(ESEN'1-ATION BEYOND BASIC SEIVICES, as described ill Paragraph 3.2, compensation shall be com- puted as follows: Hourly rates plus reimbursable expenses as follows: Principal @ .$ 70.00/hr Architect @ $ .60.00/hr Intern Architect @ $ 50.00/hr Draftsperson @ $ 40.00/hr Interior Designer @ $ 50.00/hr Clerical @ $ .30t00/hr 11.3.2 1`011 ADDITIONAL SERViCES Of' THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Additional Services, but excluding ser- vices of consultants, compensation shall be computed :es follows: (hmetI INnix r'f (russperrsatiurr. indudini; rtlh•s an/h+r mn/liples Uf /un't Ilerl'oomel /LYfftrtst' for /+rin7(Nr/s asset errgrlul•ees, rlru/ idenliyy I'rbidjNNs aced classify engd-d)vt , q required. i loaq.►• tpvtIfic serrices It. rr/ricIt parlit'tdtir mriNstis rJ tY+ny+etrsnfiorl eppty, if necessan'.) Hourly rates plus reimbursable expenses as follows: Principal @ $' 70.00/hr Architect @ $ 60.00/hr Intern Architect @ $ 50.00/hr Draftsperson @ $ 40.00/hr Interior Designer @ $ 50.00/hr Clerical @ $ 30.00/hr 11.3.3 FOR ADDITiONAI. SERVICES OF CONSULTANT'S, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified In Article 12 as part of Additional Services, a multiple of one and three -ten 1 1.3 ) times the amounts billed to the Architect for such services. Ilrlrati/I spot i/it- tly+et of rr.nstr/tanls in ,[rlitle ! �, i/ regnirtvl.J 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE. EXPENSE'S, as described in Pamgraph 10.2, and any other items included in Article 12 as ettllbursahle Exienscs, a multiple or one ( 1 ) times the exiviises incurred by file Architect, he Architect's employees and consultants in the interest of the I+roject.` 11.5 ADDITIONAL `PROVISIONS 11.5.1 IF TI IE BASIC SERVICES covered by this Agreement have not been completed within sixteen ( 16 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that tim • shall be conil— nsated as provided in Subparagraphs 10.3.3 and i 1.3.2. 11.5.2 Payments are due and payable ten ( 10 )clays from the date of the Architect's ivoice. Amounts unpaid ten i 10 ) clays after the invoice date shall beer interest at the rate entered be tw, or Ili the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect, (leaser/ rate (+f interevt it rve d uftrm.) . (I Wit:), lau:c and rt(lid rements tinder the I'edt-rid /rah At Lem/in Atl. slss/lar shlh•an/hiall colufaner credit Itars and ether rap distirutl.c at fist- rhr•tter's and , rthi• Inn s pritN gftrl f+latiY of htrsirttss, file IrftYtlu+rl is/ lift' !'rajtYt and eist'tl'l)et'e ut:Jt' iffi-tI the nith it►' u/ this prut•fsiun..1)KK ifll' 1eq(tt ndrixe }hradd )N• ahidim d 1lfh reaf+tV lu delehrnu t+r muelifictitians, and rtl{o segarrding tYY(Idremen/s such rrs u+'itten r .0stsur'es ur tancers.f AIA DOCUMENT 6141 • OWN ER•ARCIII'I'laa' AGREEMENT • FOURT ENTII EDITION • AIA• • 019k7 9 B141-1987 Till: AMERiCAN INS'1'1'1'IITI: (n' ARCIIII'EC;1'S, 1735 NE W YORK AVEiNIM, N.W., WASUINGTON, U.C. 2110116 11.5.3 The rates and multiples set forth for Ado,lititmal Services shall he annually adiustrd in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES IlrUprt rh,i rr/NYunr of wh er serru vs. ,dr•nr,/t• ,tdditirnr,d strrkex lnrrud{7r ININn IMslr Onn/1(9pYuron and rnfM1111rnrtrNrs tU r!)(• and Curn/,<rwrdeul ft•rnrs wthii!(vl at this Agret•rru•nt.) 12.1 The designate Owner's Representative described in Paragraph 4.4 shall be Mr. Dusty Peters (Citibus) for the Schematic and Design development Phases of the Architects Services and Mr. Jerry Smith (Director of Building Services, City of Lubbock) for the Construction Documents, Bidding and Construction Phases. 12.2 The Owner shall be solely responsible for the discovery, documentation and removal of any and all hazardous materials and storage tanks from the Project Site. 12.3 The Owner shall be solely responsible for the "Replatting" survey for the Project Site. 12.4 The Survey and Geotechnical Services are being provided by the Architect only as a convenience for the Owner and as such the Architect shall be entitled to rely on the accuracy and completeness thereof as if supplied by the Owner. 12.5 The Texas Board of Architectural Examiners, 8213 Shoal Creek Blvd., #107, Austin, Texas, 78758; 512-458-1363; has jurisdiction over individuals licensed under Article 249a, Vernon's Texas Civil Statutes; Regulation of the Practice of Architecture. 12.6 The following Additional Services shall be part of the Architect's Services, but are above .and beyond the•Basic Services Scope and Fee;. a) Perimeter, topographic and improvement survey of the entire site to include existing utilities to the centerline of existing streets $5,535.00 b) Landscape Design, Planning and Specifications $1,750.00 c) Site Sprinkler System Design, Drawings and Specifications $1,000.00 d) Geotechnical Engineering Services (4 - 20 to 25ft..borings and 4 - shallow test pits or borings & Report) $2,500.00 re lrr t cnterc 1_' e- 17 the clay and year First written above. It Davi4�.K. Langston ATTEST: Ra tte Boyd City Secretary r of Lffiock Jeff Wh AS TO Larry V/ roffnfai Direct of Tra nortation r, V-ice Pres. - MWM Architects, Inc. APPROVED AS TO FORM: J. th Fullingim As stant City Attorney Ito]