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Resolution - 5045 - Contract - SLS Partnership Inc-Architectural Services, Maxey Swimming Pool Reno - 12_07_1995
M ®MMEW6 RESOLUTION f I I I Resolution No. 5045 December 7, 1995 Item #14 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 and all related documents by and between the City of Lubbock and SLS Partnership, Inc., of Lubbock, Texas for architectural services for the renovations of Maxey Swimming Pool, 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 apart of this o u io ' fully copied herein in detail. Passed by the City Council this a DAVID R. LANGSTON, ATTEST: Betty 94.Johnsa, City- Secretary APPROVED AS TO CONTENT: ( h . �'71'qs- Joh'n Webb, Park Development Supervisor APPROVED AS TO FORM: Do ald G. Vandiver, First Assistant City Attorney 9 DGV:dp\ccdoos\SI.s.Rea November 22, 1995 T H E A M E R I C A N I N S T I T U T E AIA Docunient B141 O F A R C H I T E C T Resolution No.5045 December 7, 1995 Item #14 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUIIIENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED Ix-ITH RESPECT TO ITS COMPLETION OR MODIFICATION, AGREEMENT made as of the Fifteenth (15) day of November in the year of Nineteen Hundred and Ninety Five (1995) BETWEEN the Owner: CITY OF LUBBOCK, TEXAS (.Vance and address) P. O. BOX 2000 LUBBOCK, TEXAS 79457 Owners Representative: ,John Webb, Park Development Supervisor and the Architect: SLS PARTNERSHIP, INC. (Xe me cnrd address) ARCHITECTS • INTERIORS a PLANNERS 6502 Slide Road - Suite 403 Lubbock, Texas 79424.1311 For the following Project: (Include detailed desolption of Project, loccition, address and sccpej RENOVATIONS OF MAXEY SWIMMING POOL 4007 30th Street Lubbock, Texas 79410 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 American Institute of Architects, 1735 New York Avenue, N.W., W2shingion, 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. S AIA DOCUMENT 0141 • OWNER -ARCHITECT AGREENIENT • FOURTEENTH EDITION • AW D1987 THE ASIERICAN INSTITUTE OF ARCHITECTS, 1-35 NEW YORK AVENUE, N W , WASHINGTON, D.C. 20O(X3 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 1 1.5.1. 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 srruc- 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?.1. 2.2.3 The Architect shall revievv 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 haying 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'.; respnn�ihility to provide Basic Ser icrs for the Construction Phase under rhis Agreement commences with the :nvard of the Contract for Construction and termi- nates at the earlier of the issuance to the Owner of the final Certificate for Pavnient or 60 days after the date of ,ubsta.ul- tial Completion of the \fork. 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 unrcasonahl- withheld. AIA DOCUMENT B141 • OWNER -ARCHITECT CT AGREEMENT • FOURTEENTH CDITION • AIA"- • ; 14H- THE ASIERICAN IN,STITCI'F OF AHCHITEC IN, 1-35 NEV 1'ORR AVENUE, 1 u'-, A. sliitiGTON. 1) C. _iimx, WARNING: Unlicensed photocopying violates U.S, copyright laws and is subject to legal prosecution. 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 Fork. On the basis of on -site obsel- ations 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 de€ects `and deficiencies in the Work. (.11ore eviensive site representation )fiat' be agreed 10 as an Additional Service, as described in Parasrnplt 3.1) 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 an- other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the %X'ork- 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 evaluatjons 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 Contractors Application for Pay- ment, that, to the best of the Architect's knowledge, informa- tion and belief, the \Cork has progressed to the point 'indicated and the quality of \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 (-)fa 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 necessan, 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 exer- cise such author IN, 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 '`Fork 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 - dueled for the purpose of determining the accuracy and com- pleteness of other details such as dimensions and quantities ,u for substantiating instructions for installation or performance of equipment or s}'steins 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 mein 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 b}- 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 Suhstantial 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. AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • G19H- 3 Ell41-1987 THE AMFRICAN INSTITUTE OF ARCHITECTS, 1735.NEW YORK AVENUE, N.W., WASHINGTON, D.0 20000 WARNING: Unlicensed photocopying violates U.S. copyright taws and is subject to legal prosecution. 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. - et s eeisio.. matters, inc ose in question betw• veer an Contractor, except for t + to aesthetic effect as pr %ided in S p ) ?.6.1', shall be s arbitration ai ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in B3 Lsic Services unless so identified in Article 13, and they shall he p.tid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.3 and 3•-1 shall only be provided if authorized Or confirmed in w•ritirig by the Owner. if services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances heyond the .krchitcct's control, the Architect shall notifi, the Owner prior to com- mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required. the Uwncr 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 ohli- 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 carn-- 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 I3352 current as of the date of this Agreement, unless Otherwise 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 5.2.9. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractors 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 «ith 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 progranr ming the requirements of the Project. 3.4.2 Providing financial fcxsihility or other special studies. 3.4.3 Providing planning surveys, site evaluations or com- parative studies of prospective sites. AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA • (C,19H7 THE AMERICAN INSTITUTE 01; ARCHITECTS, 1-15 NEW PORK AVENUE, N.W., WASHINGTON, D C. 20016 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. 3.4.8 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. 3.4.13 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 Ndalcing 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 %X'ork 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, expandability, 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 boring.~, 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 professiunal 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 Owncr 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 aerVices as may be necessary at any time for the Project, including auditing services the 0-wncr 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 he 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 B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIAs • r� 1,)H- 5 B141-1987 THE AMER ICAN IN'STIT17E OF ARCI IITECTS, 1-3S NEiC Y0EK Ay£\t'E. N \X , WASH INGTON. D C. 0NKi WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 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 \Fork 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 -i. 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 Con(ractor'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 hy- 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 he 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 Consiniction Cost (adjusted as pro- vided in Subparagraph 5?.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 On ner 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 he construed as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 gjS;' '.1 'ms, disputes or other matters in question betwe thel )artier to tis Agreement arising out of or relating tot ' Agrce- nent or bre thereof shall be subject to and dec' cd by arbi- ration in acco •trice with the Construction I ustry Arbitra- ion Rules of X erican Arbitration Ass ' tion currentiv in ffect unless tmutually agree era ire. '.2 Demanditrati shall b filed in writing with the Sther party tgreeme with the American Arbitra- ion Associatiemand f a itration shall be made within reasonable ter t claim, 'spute or other matter in luestion has an erent shall th errand fararbitration ie made aftea when institution legal or equitabliroceedings n such claim, dispute o other matter in luestion woolned by the applicable statist f limitations 3 No a itration arising out of or relating to this A) fall i9efude, by consolidation, joinder or in any other ,iditional person or entity not a party to this Ag AIA DOCUMENT 8141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AtAa - G19R7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20tN..)6 WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. B141-1987 6 11>>-9r pis reement signed by the Owner, Architect, and an er' erson en[iry sought to be joined. Consent tc itration ivolving an ditional person or entity shall of constitute' orient to arbit n of any claim, disput r other matter in uestion not describe the written ctsent or with a person r entity not named or de. 'bed irein. The foregoing agree- ient to arbitrate and other cements to arbitrate with an dditiona] person or enti my co nted to by the parties to tis Agreement shall specifically en cable in accordance ith applicable in any court having jus etion thereof. 4 The and rendered by the arbitrator or arbitra shrill be n d judgment may be entered upon it in accordan 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 party initbting the termination. 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 suspension. \k'hen 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 �v ritten notice. 8.4 Failure of the Owner to maize payments to the Architect in accordance with this Agreement shall he considered suhst;intial nonperformance and cause for termination. 8.5 If the O.i•ner 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 perfor mance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the elate of the notice. the suswithout shall take effect 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 B.`. 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 Scn ices 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 eamed 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 v�aive 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 o€AIA Document A.201, General Conditions Of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar N aivers from their contractors, consulcults and agents. 9.5 The Owner and Architect, respectively, hind themselves, their partners, successors. assigns and legal representatives to the other party to this Agreement and to the partners, succes- sors, as and legal representatives of such other party 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- rncnt between the Ov ner 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 discover-,., presence, handling, removal or disposal of or expo- sure of persons to hazardous materials in any form at the Project site, including but nor limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representa- 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 proprictan• information if the Owner has previously advised the Architect in writing of AIA DOCUMENT 8141 • OWNER-ARCIUTECT AGREEMENT • FOURTEENTH EDITION • AIAe • t 1987 7 B141-1987 TI IF. AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEVI' PORK AVENUE, N.W., WASHINGTON, D.0 20006 WARNING. Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 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 coil- sultants in the interest of the Project, as identified in the follonv- 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 haying 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 conncction a ith the Prciject. 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- yices 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 initialh• 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 shalf be computed in [he manner set forth in Subparagraph 11.3.2. 10.3.4 V hen 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 1 1.?. 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 10.5.1 No dcductions shall be made from the Architect's com- pensation on account of pem lty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the \\'ork other than those for which the Architect has been found to he liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and expenses per- i,ilnjng 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 muttrtlly C011VCniet1t times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AI` INITIAL PAYINIENT of Dollars {S 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 ;is part of Basic Services, Basic Compensation shall be computed as follows: (laserl basis r+f anuf+enscrtion, includrnf; slipuiaicw sums. ntrdrrlacs or f,erie Hayes, and rrlrrergv iJ uses 10 a Uich parrrnrlar nrr!(o IdS r f ir,nrf+evuufinrr aJ,f,lp, rJ necessary ) Refer to Article 12, Sections 12.1 and 12.2 AIA DOCUMENT B141 • OIWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIAS • f'19H- THE AN11'HICAN INSTITUTE OF ARCHITECT`, t-35 NEW YORK AVENUE, N W., WASHINGTON, D.C. 20O(Wi B141-1987 8 WARNING: Unlicensed ohotocominq violates U.S. copyright laws and is subject to legal prosecution. 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: (lirserl additional phases as appmfiriale.) Schematic Design Phase: percent( %) Design Development Phase: Refer to Article 12, Sections 12.1 and 12.2 percent( %r) Construction Documents Phase: percent ( %) Bidding or Negotiation Phase: percent( %) Construction Phase: percent( %) Total Basic Compensation: one hundred percent (100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES. as described in Paragraph 3,2, compensation shall be com- puted as follows: Refer to Article 12, Sections 12.1 and 12.2 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) scrvices included in Article 12 as hart of Basic Services, but eXrluding ServiCCS of cunsult:mtS, compensation Shall be computed aS follOWS: rlusrrl brew., r J , (ui/,euvrelmn, inelrediu,G rr'rle'.c uuri ur n71r,'!t/,Iex of !?ire 1 !'ia::,,ruu! l:'. prase iiu' 1'rru, r/,tls ,tu,i ,^nr/ ?n 'ot:v, rru,l r,trutiil' I'ruftl/„r1v ernJ vfrl>,fl r ,�nrllir.l'a•.v, Q rollrtred lderlril,l vpccilit scr^i i„l0 lr, ll hick parlioda), li7 e'lhr,d. of ,T,r1)1gY75,1li, )7 appq ll it ntYrs:Nrr 1 Refer to Article 12, Sections 12.1 and 12.2 11.3.3 FOR ADDITIONAL SERVICES OF CONSL•LTANTS, including additional structund, 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 Fifteen Percent (15%) ( Q.15 ) times the amounts billed to the Architect for such ser-vices. (lderrtlfy spectlic Apes of c(rrsultanls ❑r .irihk 12, if requlrM i 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described ill Paragraph 10.2. and any other items included in Article 12 is Reimbursable Expenses, a multiple of Fifteen Percent (15%) ( 0. 15 ) 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 Four ( 4 ) 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 10.33 and 11.3.2, 11.5.2 Payments are due and payable Thirty Days ( 30 ) clays from the date of the Architect's invoice. Amounts unpaid Sixty Days ( 60 ) 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. Unserl role (f interest agreed uprm ) (Usury laus and re'yuirontInts under the Federal 7Y-ulh an Lending ,icr, similar state' and meal consumer crcdil lau:c and olher reRtelulruns at the /lee iner's and Art bi- Imi's prirtelj)al places c J husmess, the hicalion of rbe Nrufeti and vise here• near affee'i tbe� i alidill^ r f ibis prot'i.vinn .Specific legal adr ice' sbrndd ber,lneimed a lrb respect k, deletions fir nmehficali„rs, and also regarding revju irem oils suit (is urrilen disck,sures or trotters.) AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEA1ENT - FOURTEE%NTH EDITION - A10 - 19R7 9 B141-1987 THE AMERIC:AN INSTITI'TE OF ARCHITECTS, 17i5 NEW YORK A1'ENVE, N VC , \Y'ASIIINGTON. D.0 20106 WARNING: Unlicensed photocopying violates U.S. copyright laws and is Subject to legal prosecution. 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 (Insert descriptions of other semices, identify Additional 5en1ces included u-ithin Basic Compensation and modifications to the pz y nienr and compensation ternis included in this Agreement.) Refer to the following Supplemental Attachments to Article 12, containing Sections 12.1, 12.2, Proposal for Services, Appendix `A', Appendix 'B', Appendix `C' and Appendix 'D" This Agreement entered into as of the day and year first written above. OWNER ARCHITECT (S=gtREFER TO THE SIGNATURE SHEET AT THE END OF THIS CONTRACT (Printed trance and title) (Printed nanze and title) mCAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA", • C I987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C, 20IXX 8141-1987 10 WARNING: Unlicensed Dhotocomina violates U.S. coDvriaht laws and is subiect to leaal Drosecutfon ARTICLE 12 - OTHER CONDITIONS OR SERVICES SUPPLEMENTAL ATTACHMENTS NEGOTIATED PROFESSIONAL SERVICES AND PROPOSAL AGREEMENT Attached to this Supplement for Contract Inclusion is the A/E Proposal for Services and Project Services Outline (Appendix'A' and Appendix `B'), City of Lubbock Request for Proposal #13298 Scope of Work (Appendix `C'), along with the agreed upon Project Proposal Fee. 12.1 COMPENSATION FOR ADDITIONAL SERVICES Attached to this Supplement for Contract Inclusion is the A/E Compensation for Additional Services which shall be any services above those described in Article 2, and all Sections of Article 3 - Additional Services. Additional compensation shall be at the Schedule of Rates included as Appendix `D' 12.2 BASIC COMPENSATION (TO REPLACE ARTICLE 11, SECTION 11.2.2) Total Basic Compensation (per referenced in Section 12.4): $ 18,000.00 The total basic compensation shall broken down into two areas as follows: ASSIGNMENT A ASSIGNMENT B $ 4,000.00 $ 14, 000.00 Progress payments for these services shall be made in phases and shall total the following percentages of the total Basic Compensation payable: ASSIGNMENT A - Planning/Cost Estimates percent (100%) $ 4,000.00 TOTAL FOR ASSIGNMENT A $ 4,000,00 ASSIGNMENT B TASK I - Predesign percent (5%) $ 700.00 TASK 11 - Schematic Design percent (10%) $ 1,400.00 TASK III - Design Development TASK IV - Construction Documents TASK V - Bidding/Negotiating Phase TASK VI - Construction Administration TOTAL FOR ASSIGNMENT B percent (15%) percent (45%) percent (5%) percent (20%) $ 2,100.00 $ 6,300.00 $ 700.00 $ 23800.00 $ 14, 000.00 TOTAL BASIC COMPENSATION $ 18,000.00 PROPOSAL FOR SERVICES RENOVATIONS OF MAXEY SWIMMING POOL PARTNERSHIP AFAWEEM WERORS 19 October 1995 REVISED: 13 November 1995 SLS Job No. 30.95 Enclosed, herein is a revised preliminary proposal of Architectural/Engineering Fees based upon a cursory walk through of the Maxey Swimming Pool Facility on Wednesday, October 18, 1995. Items given and reviewed at this site visit include: Construction Budget - $ 200,000.00 User Priorities - Electrical systems, Pool filtration/circulation systems & piping, accessibility for the infirmed or impaired, and renovation of restroom/shower areas. Based upon preliminary conversations as to the extent and scope of work and services to be performed by the AIE, and including services to be performed under'APPENDIX A & B' of this proposal, and scope of work per the Request for Proposal `APPENDIX C', we submit the following fee analysis: ASSIGNMENT A: Develop cost estimates of work, as directed by and in conjunction with the City of Lubbock, that may be performed to carry out the intent of the Request for Proposal, in extending the useful life of the facility for the next 20 years (i.e. any visual enhancements, accessibility requirements, all pool equipment and filtration/circulation systems, pool decking, dressing/concession areas, lighting, power or any element to increase operational effectiveness of the pool), Examine and discuss regulatory and compliance deficiencies; Prioritize the Scope of Work and renovation planning based upon funding availability; Proceed to Assignment B, based upon City and the Users selection of renovation Work to be performed. FEE: Not to Exceed $ 4,000.00 (based upon schedule of Rates - Appendix'D') ASSIGNMENT B: Perform design, production of drawings and specifications necessary to carry out City priorities of Work to be performed, within funding availability ($200,000.00) and as outlined in 'APPENDIX A & B' FEE: $14,000.00 (Based upon 7% of $200,000.00) Additional services and compensation as requested by the Owner will be in accordance with Appendix'D' Schedule of Rates. BASIC COMPENSATION Total Basic Compensation $18,000.00 Progress payments for these services shall be made in phases and shall total the following percentages of the total Basic Compensation payable: ASSIGNMENT A - Planning/Cost Estimates percent (100%) $ 4,000.00 TOTAL FOR ASSIGNMENT A $ 4,000.00 ASSIGNMENT B TASK I - Predesign percent ( 5%) $ 700.00 TASK II - Schematic Design percent (10%) $ 1,400.00 TASK III - Design Development percent (15%) $ 2,100.00 TASK IV - Construction Documents percent (45%) $ 6,300.00 TASK V - Bidding & Negotiating percent ( 5%) $ 700.00 TASK VI - Construction Administration percent (20%) $ 2,800.00 TOTAL FOR ASSIGNMENT B percent (100%) $14,000.00 TOTAL PROJECT BASIC COMPENSATION $18,000.00 AFFENI;)IX - 'A$ Comprehensive List of Services for The City of Lubbock, Lubbock, Texas Renovations of Maxey Swimming Pool SLS PARTNERSHIP, INC. Project No. 30.95 19 October 1995 (REV. 1 'f .13.95) Task & Project Outline for the Renovations of Maxey Swimming Pool TASK 1- Predesign Item #1: Develop a specific, preliminary working program and Architectural Committee and City of Lubbock Officials. Site Investigation: receive written approval on the above by the Item #2: Site survey - Site Analysis Item #3: Review Owner furnished documents Item #4: Locate and identify all existing utilities Item #5: Coordinate with Aquatic specialist on all pool systems - survey all equipment Item #6: Existing facility utilization and user familiarization Item #7: Evaluate accessibility for all users and future users Item #8: Develop preliminary Construction Budget - based on Master Plan Priority Item #9: Establish project Code Domain (code study) Item #10: Evaluate environmental hazards and make recommendations. TASK 11- Schematic Desian , Item #1: * to develop preliminary plans, site analysis with diagrammatic relationships to existing components, and all requirements of users to be integrated. Develop working relationship with aquatic specialist, M.P.E. involvement (site) with discussion of site investigation findings Develop overall user integration (i.e. dressing/changing, concessions, lockers, security, safety, etc.) Item #2: Presentation of all design charrette information to the Architectural Committee and City Officials and full discussion of costs. Item #3: Written approval of Schematic Design (TASK II) to proceed into TASK Ill. TASK Ill- Design Development Item #1: Site plan indicating general location and nature of site improvements. Evaluate and account for site demolition (this will exclude characterization or evaluation of Environmental Hazards). Item #2: Plans, elevations, sections, schedules and notes as required to fix and describe the Project as to architectural, structural, mechanical and electrical systems. Evaluate and account for building demolition (this will exclude characterization or evaluation of Environmental Hazards). Item #3: Outline Specifications of Preliminary Project Manual. Item #4: Statement of Probable Construction Cost. Item #5: Meeting on the above with Written Approval to proceed into TASK IV. TASK I V - Construction Documents Item #1: Plan Documentation *to include building demolition as well as new building construction documentation. Item #2: Specifications for Plans Item #3: Documentation for all Aquatic elements *to include site demolition as well as new construction documentation for all aquatic features. Item #4: Specifications for Aquatic elements. TASK V - Bidding or Negotiation and Contract Award Item #1: Handle contractor questioning, pre -bid conferences or meetings, issue addenda Item #2: State of Texas (TAS) Texas Accessibility Standards Review. TASK VI - Administration of Construction Contract Item #1: Prime contractor review of contract, bonds, insurances, surety and notice to proceed. Item #2: List of subcontractors and issuance of documents. Item #3: Issuance of building permit, coordinate with contractor on development of progress schedule (or CPM), payment schedule, Insurances filed. Item #4: Review of Shop Drawings, Submittals and sample approval. Item #5. Review of Test and Reports Item #6: Field investigations Item #7: Review of application for payments Item #8: Substantial Completion (semi-final inspection, punch list) Item #9: Guarantees, Bonds and Operating Instructions ' Item #10: Final Completion Record (date of final inspection, certificate of completion, release of liens, final certificate of payment, certificate of occupancy) TASK V11- Post Completion Item #1: Revised Record Documents Item #2: Guarantee Inspection Record (post - final inspection, punch list items finished and release of retainage certificate and final lien waivers from general) Item #3: Facility occupancy and Final review meeting with the Architectural Committee, using agencies and City Officials for project quality analysis and firm performance review. 'APPExaix - e' PROJECT SCOPE UNDERSTANDING SLS Partnership, Inc., and our design team will adhere to the following scope for performance of design services as outlined in the City of Lubbock Request for Proposals and reiterated below: PHASE 1- PRELIMINARY DESIGN: •` Conduct an investigation of the site with utilities location and verification. • Prepare and submit schematic and preliminary plans, outline specifications, and construction cost estimates to the City of Lubbock for review and approval. • Develop a preliminary Master Plan, in conjunction with the City of Lubbock, to ensure accessibility compliance and full material and equipment longevity as required by this Plan • Prioritize the renovation planning as required to meet funding availability. • Submit all pertinent information to the City of Lubbock, Committees and using agencies for consideration and decision. Recommend and Incorporate any hazardous material remediation as directed by the City. • Meet with City Officials concerning Preliminary Design Review PHASE II - FINAL PLANS, SPECIFICATIONS AND COST ESTIMATES: • Prepare complete working drawings, specifications and engineering calculations for the architectural, structural, mechanical, landscaping, site work and aquatic design elements and equipment. • Consult with the Parks Department concerning principal stages of the work and advise the City of any unusual requirements or features not apparent in the initial stages of design • Incorporate changes, revisions, additions, and corrections from Preliminary Design Review • Prepare an itemized Cost Estimate of the finalized design • Meet with City Officials and Using Agencies concerning Final Design Review • Incorporate changes, revisions, additions and corrections from Final Design Review PHASE III - CONSTRUCTION INSPECTION: 8 Provide general administration of the project construction as the State's representative • Act on behalf of the City to the extent provided in the construction Contract Documents, unless otherwise modified by written instrument which will be provided to the Contractor • Advise and consult with the City and issue all City instructions to the Contractor, unless direct issue of instructions to the Contractor through other designated representatives is required • Provide site visits and perform construction inspections • Work closely with the Aquatic specialists and contractor to ensure complete compliance with documentation and adherence to the intent of the Master Planning goals. • Provide shop drawing checks and prepare change orders and/or supplementary drawings • Make necessary inspections to determine that the workmanship and quality of materials comply with the requirements of the plans and specifications, and that all provisions of the contract are being complied with • Submit approved copies of shop drawings, and submittals on material and equipment to the City • Prepare progress estimates of work performed by the Contractor and moneys due him on forms specified by the City • Upon receipt of notification by the Contractor that the work has been completed, conduct an inspection and prepare a list of the items needing correction • After the Contractor has performed the required corrections, then notify the City in writing that the contract has been performed according to the plans and specifications and is ready for Final Inspection • Accompany the City Officials and Using Agencies on the Final Inspection to assure that the total work has been completed in accordance with the Contract Documents • Inspect ail warranties, guarantees, bonds, equipment operating instructions and similar required material and documents to make sure that all such materials and documents are received and that they meet the requirements of the Specifications, after which they shall be transmitted to the City or its designated representatives • Certify and approve the Contractor's Final Application for Payment • Upon completion of construction and prior to request for final payment, make changes in the original tracings of the Project to show the changes made by and noted by the Contractor of the work and final location of the mechanical service lines and outlets including all outside utilities AFFENPIX ial Clt T OF LUBBOCK REQUEST FOR PROPOSALS (REP) FOR ARCHMCT ANWOR ZNGLNKEMG SERVICES FOR RENOVATIONS OF MAXEY SWDUd3 ttiG POOL L PROJECT DTSCRWnON IU City ofLubbock is requesting proposals ibr professional mduteet anNor engineering services to develop a Master Plan for the reruovativr of Maxey Pool at 30th and Nashville. The primary Ibm of the plan will be en serving both the utilitarian needs of swimming pool users, as well as the ving enhancement of the faculty, 2. PURPOSE OF THE PROJECT The perry purpose of the pr'ojod b to upp ode the swimm�g pool facility to make it fully operational and reduce the costs associatod with mamtenance and pool operations. The project must comply with accessibility sttuttlards and extend the usable life of the pool for a minimum of 20 years. 3. SCOPE OF WORK The services to be provided under this project are summarized as follows; IL Idea* and asap the locWon of all existing facilities and prioritize fear renovation according to availability of omtruction funds. b. Prepare the prdiminaa<y engineering necessary for the development of plans, specifications and estimates (P. S. & E.). c. The Consultant will be required to work closely with city staff in the development of the per' design. d The P. S.& E. shall be developed iu accordance with all frderal, state, and local laws and ordinances and m accordance with best engineering or consbruuction practices for the s1dII or the trade involved e. Tl>d completed P. S.& a shall be submitted to the City of Lubbock for review and approval. Staould the City determine that revisions arc required to the P. S.& E., the Consultant shall make the nomssary revisions. i» Desiga elemon that shall be iuclx dod within the P. S.& E, will generally consist of renava den or raplao=wd of ffiftdon system, dwalatioan systems, fencing, 110ting electrical systems, concrete doddrtg and gutters, pool bowl, automatic chlorination. system, dressing areas, concession area, diving boards and any additional element that will rase the overall operational cfficctiveress of the swimming pool.. g. During the construction phase of the project Consultant tihall act as construction snpcMsor insuring that eansttt cbm follows all approved plans and spodflc ations and keening the Pads Development mWervisor informed of any delays or corr== that will dIx t the construction process or its oast. 13 M C. AFFENPIX - `P' SCHEDULE OF RATES RENOVATIONS TO MAXEY SWIMMING POOL JANUARY 1995 Services Provided Hourly Rate Principal Architect/Engineer Registered Architect/Engineer -Staff Architect/Engineer Senior Intern/Technician Technical Support Non -Technical Support Personnel Travel Expenses* Hotel Meals/Tips/Etc. Taxi/Car Rental Automobile Commercial Airlines Private Airplane Reimbursables* Printing/Publishing Photographic Work Postage/Shipping Long Distance Telephone $ 70.00 $ 65.00 $ 50.00 $ 40.00 $ 30.00 $ 20.00 Actual Cost + 15% Actual Cost + 15% Actual Cost + 15% $0.35/mile + 15% Actual Cost + 15% Actual Cost + 15% Actual Cost + 15% Actual Cost + 15% Actual Cost + 15% Actual Cost + 15% D. Subcontract Expenses* Actual Cost+ 15% *Based on actual invoice cost plus 15% administrative fee. IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF LUBBOCK, TEXAS APPROVED AS TO CONTENT: 4 John Webb Park Development Supervisor APPROVED AS TO FORM: D ald G. Vandiver Park Development Supervisor Attest:` Betty Johnso City Secretary SLS PARTNERSHIP, INC. By: '& <9'� W. Scott Schellhase, AIA, NCARB President Attest: endon chellhase Secretaryffreasurer