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HomeMy WebLinkAboutResolution - 5010 - Agreement - BGR Architects-Engineers Inc - LMCC Renovations - 11_09_1995Resolution No. 5010 November 9, 1995 Item #20 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 for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and BGR Architects -Engineers, Inc., for the Lubbock Memorial Civic Center Renovations, which contract is attached hereto, 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 copie etail. Passed by the City Council this ATTEST: ��_ a coL Betty 14. JohnsA, City Secretary TO CONTENT: Aliamus, Mankg%g,Director of and Leisure Services APPROVED AS TO FORM: D ald G. Vandiver, First Assistant City Attorney :dp\ccdocs\bgr.rs October 31, 1995 T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S Resolution No. 5010 to November 9, 1995 Item #20 AIA Document B141 Standard Form of Agreement Between Owner and Architect 1987 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 nineteenth day of October Nineteen Hundred and Ninety-five BETWEEN the Owner: CITY OF LUBBOCK 1625 13th Street Lubbock, Texas 79401 and the Architect: BGR ARCHITECTS -ENGINEERS, INC. 2118 34th Street Lubbock, Texas 79411 For the following Project: LUBBOCK MEMORIAL CIVIC CENTER RENOVATIONS 1501 6th Street Lubbock, Texas 79401 in the year of The scope of work associated with the renovation is based on an estimated project budget of $1,470,803 as outlined in Attachment "B_". The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, ©1987 by The Americatt 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 written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AAA DOCIIYENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA0 - 01987 THE AMERICAN INSTITUTEOF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.G. 20006 B141-1987 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 as enumerated in Articles 2 and 3 of this Agreement and 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 for periods of time required for the Owner'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 Owner. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and 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 Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limita- tions set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Docu- ments consisting of drawings and other documents illustrating the Scale and relationship of Project components. 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 Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner 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 scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifica- 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, bidding forms, the Condi- tions of the Contract, and the form of Agreement between the Owner and 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 the 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 for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days afar the date of Substantial Completion of the Work, unless extended under the terms of Subparagraph 10.3.3. 2.6.2 The Architect shall provide administration of the Con- tract for Construction as 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, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA• • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1987 2 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due, and (2) as an Additional Ser- vice at the Owner's direction from time to time during 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 Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a man- ner indicating that the Work when completed will be in accor- dance 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 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. (More extensive site representation may be agreed to as an Additional Service, as described in Paragraph 3.2.) 2.6.6 The Architect shall not have control over 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, since these are solely the Contractor's responsibility 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 any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in 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 Owner and Contractor shall communicate through the Architect. Communications by and with the Archi- tect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts 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 observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Pay- ment, 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 in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- tract Documents correctable prior to completion and to spe- cific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certi- fied. However, the issuance of a Certificate for Payment shall not be 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, (3) 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) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- 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 Docu- ments, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to excr- 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 performing 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- struction of the Owner or of separate contractors, while allow- ing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not con- ducted for the purpose of determining the accuracy and com- pleteness of other details such as dimensions 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 precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equip- ment will meet the performance criteria required by the Con- 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 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in 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 date 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 warranties and related documents required by the Contract Documents and assem- bled by the Contractor, and shall issue a final Certificate for Pay- ment upon compliance with the requirements of the Contract Documents. ALA D=MENT B141 - OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • ALA* - 01997 3 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 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. matters, including those in question be wner and Contractor, except for tho to aesthetic effect as pro- vided in Sub .6.17, shall be subject to arbitration as 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 Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or pan of such Contingent Addi- tional Services are not required, the Architect shall have no obli- gallon 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 be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the observations by such Project Represcn- 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 planning surveys, site evaluations or com- parative studies of prospective sites. AiA DOCUMENT 0141.OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • ALA* • 01967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 0141-1987 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. 3.4.8 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. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Malting 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. 3.4.18 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, expandabiliry, 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 such 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 progress of the Architect's services. 4.5 The Owner shall furnish surveys describing physical 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. 4.6 The Owner shall furnish the services of geotechnical engi- neers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pirs, 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 behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 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 8141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA9 • 019M 5 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20DO6 ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all 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 specially provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation 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 best judgment as 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 labor, 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 to 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 upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the 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 Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents 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 date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) is exceeded by the lowest 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 8.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Con- tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. 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 to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including repro- ducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and 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, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be 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 meet 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. parties to this Agreement arising out of or relating to this ment or breach thereof shall be subject to and decid y arbi- tration in accordance with the Construction Ind Arbitra- tion Rules of the American Arbitration n currently in effect unless the parties mutually agree o 7.2 Demand for arbitration shall ed in writing with the other parry to this Agreement with the American Arbitra tion Association. A demand fo bitration shall be made within a reasonable time after claim, dispute or other matter in question has arisen. In event shall the demand for arbitration be made after the to when institution of legal or equitable proceedings b on such claim, dispute or other matter in question wo be barred by the applicable statutes of limitations. 7.3 N bitration arising out of or relating to this Agreement S clude, by consolidation, joinder or in any other manner, A1A DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • ALA" • ®1987 THE AMMCAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20W6 B141-1987 6 this Agreement signed by the Owner, Architect, and an er person or entity sought to be joined. Consent to 1tration involving an additional person or entity shall t constitute consent to arbitration of any claim, disput r other matter in question not described in the written nt or with a person or entity not named or described rein. The foregoing agree menu to arbitrate and ocher errs to arbitrate with an additional person or end my consented to by the parties to this Agreement shall specifically enforceable in accordance with applicable in any court having jurisdiction thereof. 7.4 The and rendered by the arbitrator or arbitrators shall be d judgment may be entered upon it in.accordancc with ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the parry initiating the termination. 82 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 suspension. When the Project is resumed, the Architect's compensation shall be equi- tably adjusted to provide for expenses incurred in the interrup- tion and 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 with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of ser- vices 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 damage 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 for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. Termination Expenses shall be computed as a percentage of the total compensation for Basic Services and Additional Services earned to the time of ter- mination, as follows: .1 Twenty percent of the total compensation for Basic and Additional Services earned to date if termination occurs before 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 Basic and Additional Services earned to date if termination occurs during 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 this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall com- mence 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 date 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 other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent cov- ered by property insurance during construction, 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 parry to this Agreement and to the partners, succes- sors, assigns and legal representatives of such other parry with respect to all covenants 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 may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or expo- sure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include rcpresenta- tions of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA9 • 01997 7 8141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Architect on the construction 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 the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee 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 con- sultants 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 renderings, models and mock-ups requested by the Owner. 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 11.1 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 the 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 compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, 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 bom 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 be made monthly upon presentation of the Architect's statement of services ren- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be 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 Work other than those for which the Architect has been found to be liable. 10.6 ARCHITECTS ACCOUNTING RECORDS 10.6.1 Records 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 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of No Dollars (f _0_ 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, as described in Article 2, and any other services included in Article 12 as pan of Basic Services, Basic Compensation shall be computed as follows: Compensation shall be a stipulated sum of $117,665.00. AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • A10 0,01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1987 8 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Preliminary Program Phase: Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: Total Basic Compensation: 11.3 COMPENSATION FOR ADDITIONAL SERVICES fifteen percent (15%) fifteen percent(15%) fifteen percent (15 %) thirty—five percent(35 %) five percent( 5 %) fifteen percent(15%) one hundred percent (100%) 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com- puted as follows: BGR Architects -Engineers Thompson, Ventulett, Stainback & Associates Category Billing Rate Category Billing Rate Principal/Project Manager $ 80.00 Partner $ 140.00 Draftsman $ 45.00 Associate $ 80.00 Secretary/Clerical $ 25.00 Intern Architect/ * see "*" in 11.3.2 below Intern Designer -Level III $ 45.00 11.3.2 FOR 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 as follows: BGR Architects -Engineers Category Billing Rate Principal/Project Manager $ 80.00 Draftsman $ 45.00 Secretary/Clerical $ 25.00 * Should consultants other than those listed fee schedule will be provided to the City Thompson, Ventulett, Stainback & Associates Category Billing Rate Partner $ 140.00 Associate $ 80.00 Intern Architect/ Intern Designer -Level III $ 45.00 be required on this project, an hourly of Lubbock. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as pan of Additional Services, a multiple of ( 1 .10 ) times the amounts billed to the Architect for such services. 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one ( 1 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within thirty—six ( 36 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable twenty ( 20 ) days from the date of the Architect's invoice. Amounts unpaid twenty ( 20 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Usury tams and requirements under the Federal rruth in Lending Au, similar state and local consumer credit taws and other regulations at the Owner's and Atrbi- tea's prinUpal places of business, the location of the Project and elsewhere may affect the validity of this provision. specific regal advice should be obmned with respect to deletions or modifications, and also regarding requirements such as written disclosures or uwivers.) ALA DOCUMENT 0141 • OWNER•ARCHr ECT AGREEMENT • FOURTEENTH EDITION • AIAO • C1997 9 8141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES See Attachment "A" APPROVED olyn Al us, ManagiNg 0 rector f Cultur and Leisure Services APPROVED AS TO FORM: ----h �(,Q54 1361ald G. Nalrdiver, First Assistant City Attorney The Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, Suite 107, Austin, Texas 78758, telephone (512) 458-1363, has jurisdiction over individuals licensed under the Architects' Registration Law, Texas Civil Statutes, Article 249a. This'Agreement entered into as of the day and year first written above. 7 CITY F OCR David R. Langston, Mayor (Printed name and true) ARCHITECT BGR ARCHITECTS —ENGINEERS, INC. %M& - (Signature) Stephen Michael Briggs', Secretary —Treasurer (Printed name and title) AIA DOCUUM 0141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIAQ • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHMGTON, D.C. 20W6 0141-1967 10 ATTACHMENT "A" 12.1 The provisions of this Agreement supersede all preliminary proposals and agreements. 12.2 The provisions in this Article 12 and any Addendums to this Contract prevail and control over other portions of the Contract. 123 The provisions of the Contract which have been deleted shall not be considered a part of the Contract for any purpose. 12.4 The Owner's representative shall be Ms. Vicki Key who shall be empowered to receive all notices required by this Agreement. 12.5 Architect shall take affirmative action to not discriminate against any applicant for employment on the basis of race, creed, color, or national origin. 12.6 BGR shall file with Owner a Certificate of Professional Liability Insurance with minimum limits of S 1,000,000.00, and Thompson Ventulett Staiaback & Associates the same with minimum limits of $5,000,000.00. 12.7 Architect shall provide such other insurance policies such as automobile or general liability insurance policies on such terms as Owner shall reasonably request. 12.8 This Agreement is performable in Lubbock, Lubbock County, Texas where venue for all actions shall lie and it shall be construed according to the law of Texas. 12.9 Architect will strive to conduct services under this agreement in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in Lubbock County under similar conditions. 12.10 Any taxes or fees, enacted by local, state or federal government subsequent to the date of this contract, and based on gross receipts or revenues will be added to amounts due under this contract, in accordance with any such fees or taxes. 12.11 Add the following to Article 3: 3.2.4 It is understood and agreed that Architect's basic services under this Agreement do not include full-time construction observation or review of the Contractor's performance. Owner acknowledges the importance of such services and, should Owner have such services performed by a party other than Architect, then Owner shall assume responsibility for interpretation of the contract documents and for construction observation and shall waive any claims against Architect that may be in any way connected thereto. 3.2-5 In addition, if Architect does not perform full-time construction observation, Owner shall, to the fullest extent permitted by law, indemnify and hold Architect harmless from any loss, claim, or cost, including reasonable attorneys' fees and costs of defense, arising or resulting from the performance of such services by other persons or entities and from any and all claims arising fiom modifications, clarifications, interpretations, adjustments, or changes made to the Contract Documents to reflect changed field or other conditions, except for claims arising from the sole negligence of Architect. 12.12 The basic services provided under Article 2 shall include trips to project site by Thompson Ventulett Stainback & Associates for all phases and limited to eight (8) trips. 12.13 The Architect and Interior Designer shall provide services called "Preliminary Program" prior to the Schematic Design Phase for the purpose of field observing the existing facility, making cursory review of available plans and specifications, performing Owner's staff interviews, preparing budget/scopes, determining bidding requirements and packaging, and establishing schedules. 12.14 A representative of the Architect's or Interior Designer's firm shall attend the City Council Meeting at the award of bids. 12.15 CADD plotting for working drawings and one set at document approval and issuing for bidding and construction shall not be a reimbursable expense. Reproduction expenses for office use of the Architect are not reimbursable. 12.16 Reimbursable expenses under 10.2.1.1., 10.2.1.2 and 10.2.1.6 shall be limited to $10,000.00. 12.17 Add to reimbursable expenses under 10.2 and not subject to the $10,000.00 limit, the following: Expense of specialized consultants required for expertise above and beyond the capabilities of the project team, including but not limited to Acoustical Eagmeers/Consultants and Graphics Consultants. (It is assumed that the professional fees and expenses required for any special consultants would be derived from funds in the construction budget.) 12.18 Add to reimbursable expenses under 10.2.1, telephone facsimile transmissions, and under 10.2.1.2, express deliveries. 12.19 Add to 2.1.1: Basic services shall include interior design services. 12.20 The scope of work to be provided under the basic services portion is further defined by the attachment of the descriptive proposal dated October 19, 1995 and attached to this Agreement. 12.21 Professional services to be provided under the Basic Services portion of this contract is limited to a scope of work for the budget amount of S 1,470,803. 12.22 Under Article 4 Owner's Responsibilities, add: 4.12 The Owner shall provide the required bidding and related contract conditions to be included in the project manual. The Owner will provide services to complete the agreements required for contractor award. ATTACHMENT "B" Preliminary Project Scope Full Service Estimated Budget Wall Coverings $ 141,825 Carpeting $ 418,806 Exhibit Hall Drapes $ 15,169 Wall Colors $ 3,034 Banquet Hall Sound System $ 33,371 Exhibit Hall Sound System $ 88,989 Exhibit Hall Doors $ 19,466 Enclose Patio $ 10,345 Replace Patio Doors $ 2,503 Enclose Basement Storage $ 44,494 Mechanical Lift for Storage $ 12,236 Replace Exterior Doors $ 50,056 Elevators $ 111,236 Loading Dock $ 55,618 Stairway Light $ 10,012 Furnishings $ 395,497 Banquet Hall Stage Drapes $ 2,528 Tapestry $ 55,618 Total Estimate $ 1,470,803 • BGR ARCHITECTS -ENGINEERS 2118 34TH STREET - LUBBOCK, 'TEXAS 79411 806 / 747-3881 FAX 80111747-8214 Ms. Vicki Key Lubbock Memorial Civic Center Municipal Auditorium -Coliseum 1501 6th Street Lubbock, Texas 79401 RE: LUBBOCK MEMORIAL CIVIC CENTER RENOVATION Dear Vicki: October 19, 1995 BGR Architects-Engineers/Thompson, Ventulett, Stainback & Associates, Inc, appreciates the opportunity to present this revised proposal for interior design and architectural -engineering services for the Lubbock Memorial Civic Center Renovations. This proposal will incorporate the items discussed in out telephone conversation of this date. I. PROTECT SCOPE - FULL SERVICE The scope of work associated with the renovation is based on an estimated project budget of $1,470,803 as outlined in Attachment "A". This proposal is based on this preliminary project scope, which is subject to modification during the preliminary program phase. The outline of work delineated by this proposal will serve as a baseline for establishing a proposed fee but may be revised as the design process advances. The architectural and interiors team will assess the existing facility and make design recommendations to achieve the expressed goal to upgrade the facility image. The following description of services includes eight (8) total trips by TVS&Associates inclusive of all phases. A. Description of Professional Services Preliminary Program a. Field observe existing facility documenting functional and aesthetic opportunities for enhancement and make cursory review of available plans and specifications. b. Perform interviews with convention center staff to understand specific requirements for each renovation item already identified and to gather input Ms. Vicki Key October 19, 1995 Page 2 into additional or alternate items for consideration. C. Prepare budgettscope listing of proposed renovation items for Owner approval. d. Determine bidding requirements for all construction items and recommend packaging for best response from bidders. e. Establish preliminary schedule for refurbishment work based on preliminary scope, building availability and Owner's bidding/purchasing strategy. 2. Schematic Design a. Develop design concept for interior refurbishment items to address Owner's functional requirements and maximize visual impact of all expenditures. b. Coordinate conceptual finish and materials with interior designer and materials palette. C. Provide one presentation of schematic design to Owner for review and approval. 3. Design Development a. Develop Owner approved Schematic Design scheme. b. Select final materials, finishes and products. C. Develop any three dimensional design elements in elevation and plan as required. d. Develop related mechanical -electrical systems. e. Coordinate necessary modifications among architectural/design team. f. Update preliminary budget estimate to reflect proposed changes in scope or material cost. g. Provide one presentation of design development to Owner for review and approval. Ms. Vicki Key October 19, 1995 Page 3 4. Construction Documents a. Preparation of final drawings, schedules, and specifications to include: A Finish plans. B. Associated elevations and details for construction. C. Refurbishment/new construction specifications. D. Final drawings and specifications needed for bidding and construction purposes. b. Update preliminary estimate. C. Present documentation to Owner for review and approval. 5. Bidding and Negotiation a. Submission of construction documents to City for issue per bid requirements. b. Pre -bid communication with general contractors as required. C. Attend pre -bid meeting. d. Assist Owner with bid evaluations. e. Attend City Council Meeting when Council awards bids. 6. Construction Administration a. Shop drawing and material/product submittal review. b. Specific drawing interpretation and clarification to facilitate progress of work. C. Site visits as appropriate with field reports. Ms. Vicki Key October 19, 1995 Page 4 II. COMPENSATION The proposed compensation for the full service interior design and architectural/engineering services is based on the project budget included in this proposal. The lump sum fee for full services as described in Section I - Description of Professional Services is to be $117,665 and earned in accordance with the following rate schedule: Preliminary Program Phase 15% Schematic Conceptual Phase 15% Design Development Phase 15% Construction Document Phase 35% Bid Phase 5% Construction Administration Phase 15% Payments for professional services and reimbursable expenses shall be made monthly as invoiced in proportion to services performed and/or expenses incurred to date. III. ADDITIONAL SERVICES A It is proposed that additional services, will be provided if required and approved in writing by the Owner, on an hourly fee basis as follows: BGR Architects -Engineers Principal/Project Manager $ 80.00 Draftsman $ 45.00 Secretary/Clerical $ 25.00 Thompson, Ventulett, Stainback & Associates Partner $ 140.00 Associate $ 80.00 Intern Architect/Intern Designer - Level III $ 45.00 Should consultants other than those listed be required on this project, an hourly fee schedule will be provided to the City of Lubbock. Ms. Vicki Key October 19, 1995 Page 5 IV. REaMURSABLE EXPENSES & OWNER PROVIDED SERVICES A Reimbursable expenses are in addition to the compensation for the Basic and Additional Services and include actual expenditures not to exceed $10,000 made by employees of the architectural and interior design team in the interest of the project to include the following: Expense of transportation in connection with the project; lodging expenses in connection with out-of-town travel; long distance communications and facsimiles; and fees paid for securing approval of authorities having jurisdiction over the Project. 2. Expense of reproductions, CADD plotting (other than working drawings and one set required at document approval and issuing for bidding and construction), postage, express deliveries, and handling of drawings, schedules and other documents. Reproduction expenses for the office use of BGR/TVS&Associates are not reimbursable. B. Other reimbursable expenses are in addition to the compensation for the Basic and Additional Services and include actual expenditures made by employees of the architectural team in the interest of the project. The expenses are not subject to the "not to exceed" limit under IV A above, but are subject to approval and agreement by both parties. Those expenses include but are not limited to: 1. Expenses of data processing and photographic projection techniques when used in connection with Additional Services. 2. If authorized in advance, expense of overtime work requiring higher than regular rates. 3. Expense of exhibits, renderings, models and mock-ups. 4. Expenses of additional insurance coverage or limits, including professional liability insurance, in excess of that normally carried by BGR ($1,000,000 and TVS&Associates ($5,000,000).. 5. Expense of specialized consultants required for expertise above and beyond the capabilities of the project team, including but not limited to Acoustical Engineers/Consultants and Graphics Consultants. (It is assumed that the professional fees and expenses required for any special consultants would be derived Ms. Vicki Key October 19, 1995 Page 6 from funds in the construction budget.) C. Expenses for items to be provided and paid for directly by the Owner include but are not limited to: 1. Expense of land and improvements surveys where new construction is contemplated. 2. Expense of geotechnical survey and foundation recommendation. V. FORM OF AGREEMENT A The proposed form of agreement for this project is the Standard Form of Agreement Between Owner and Architect, AIA Document B 141 - 1987 Edition. If this proposal meets with your satisfaction, we will develop an agreement using AIA Document 141 incorporating these items and forward for your review. Sincerely, Mike Briggs SMB:jdr Enclosure Preliminary Project Scope Attachment "A" Full Service Wall Coverings Carpeting Exhibit Hall Drapes Wall Colors Banquet Hall Sound System Exhibit Hall Sound System Exhibit Hall Doors Enclose Patio Replace Patio Doors Enclose Basement Storage Mechanical Lift for Storage Replace Exterior Doors Elevators Loading Dock Stairway Light Furnishings Banquet Hall Stage Drapes Tapestry Estimated Budget $ 141,825 $ 418,806 $ 15,169 $ 3,034 $ 33,371 $ 88,989 $ 19,466 $ 10,345 $ 2,503 $ 44,494 $ 12,236 $ 50,056 $ 111,236 $ 55,618 $ 10,012 $ 395,497 $ 2,528 $ 55,618 Total Estimate $1,470,803