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HomeMy WebLinkAboutResolution - 1473 - Contract - MSA AIA - Renovation_Remodeling, Mahon & Davis Party Houses - 09_08_1983RESOLUTION 1473 - 9/8/83 Gf i� SMH:da RESOLUTION B 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 be- tween the City of Lubbock and McLarty Smith Architects AIA for the renova- tion/remodeling of the Mahon and Davis Party Houses, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of September 1983. 00, _'O' !j�� A -HENRY, IMOR ATTEST: 47 elyn Gaf ga, City S c t -Treasurer APPROVED AS TO CONTENT: (�Cs Bob Cass, Assistant City Manager APPROVED AS TO FORM: ��_ em , k."- Susan M. Horton, Assistant City Attorney RESOLUTION 1473 9/8/83 �1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document B141 Standard Form of Agreement Between Owner and Architect 1977 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 THIRTY-FIRST day Of AUGUST in the Year of Nineteen Hundred and EIGHTY-THREE BETWEEN the Owner and the Architect: CITY OF LUBBOCK LUBBOCK, TEXAS McLa3rty Smith Architects AIA 12 Briercroft Office Perk Lubbock, Texas 79412 For the following Project: (include detailed description of Project location and scope:) RENOVATION/REMODELING OF THE MAHON AND DAVIS PARTY HOUSES 29th AND CHICAGO 6 42nd AND NASHVILLE LUBBOCK, TEXAS The Owner and the Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1956, 1%1, 1963, 1%6, 1%7, 1970, 1974, 0 1977 by The American Institute "of Architects, 173S New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material heroin or substantial quotation of Its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 9141 a OWNER -ARCHITECT AGREEMENT s THIRTEENTH EDITION s jULY 1977 s MAC • ®19" THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2M 6141-19" 1 TERMS. AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARC ments to previous Statements 'of Probable Construction ARCHITECT'S SERVICES AND RESPONSIBILITIES Cost indicated by changes �In�. market conditions. ' requirements or general BASIC SERVICES 1.3A The Architect shall assist the. Owner in. connection The Architect's Basic Services consist of the five with the Ownel'3 responsiblllty. for filing documents re - phases described in Paragraphs 1.1 through 1.5 and quired for the approval of,•gpverrlment#.f authorities hav- include normal structural, mechanical and electrical ing Jurisdiction over the' Project. engineering services and any other services Included 1A BIDDING 02 NEGOTUfjt1UN PHASE' in Article 15 as part of Basic Services. 1A.1 The Architect,following the Owner's approval of 1.1 $CHEMATIC DESIGN PHASE the Construction Documents and of .the latest 1.1.1 The Architect shall review the program furnished .Statement of Probable Construction-Costr:ahall assist the Owner In by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in and shall review the understanding of such requirements awarding and preparing o� ifor construction. with the Owner. 1.S CONSTRUCTION' PHASE-•ADM1INtSTitATION 1.1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION C. Pt4 iR . Cr tion of the program and the Project budget requirements, each in terms of the other, subject to the limitations set 1.5.1 The Constructimr Phase"�+tlf commence with the forth In Subparagraph 3.2.1, award of the Contract for Construction'and, together with the Architect's obligation to proylde Basic Services under 1.1.3 The Architect shall review with the Owner alterna- this Agreement, will terminAe,When final payment to the tive approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 1.1A Based on the mutually agreed upon program and for Payment or of such due' date'slxty`days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of'the Work, whichever occurs for approval by the Owner, Schematic Design Documents first consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided In this Agreement and v the scale and relationship of Project components. incorporated in -the : Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth below and In the edition of AIA Docu- area, volume or other unit costs.. ment A201, General Conditions of the Contract for Con- 1,2 DESIGN DEVELOPMENT PHASE struction, current as of the date of this Agreement. 1.2.1 Based on the approved Schematic Design Docu- 1.5.3 The Architect shall be a representative of the Owner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to 'the Contrac- the program or Project budget, the Architect shall pre- for shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified *by written instrument In ac- Project as to architectural, structural, mechanical and elec- cordance with Subparagraph 1.5.16. trical systems, materials and such other elements as may be appropriate, 1.5.4 The Architect shall, visit the site at intervals a 1.2.2 The Architect shall submit to the Owner a further propriate to the stage of construction or as otherwise agreed by the Architect in writing to become generally Statement of Probable Construction Cost. familiar with the progress ,and quality of the Work and to 1.3 CONSTRUCTION DOCUMENTS PHASE determine In general if the Work Is proceeding in accord- 1.3.1 Based on the approved Design Development Doc- ance with the Contract Documents. However, the Archi- tect shall not be required to make exhaustive or con- uments and any further adjustments in the scope or qual- tinuous on -site inspections to check the quality or quan- ity of the Project or in the Project budget authorized by tity of the Work. On the basis of such on -site observa- the Owner, the Architect shall prepare, for approval by tions as an architect, the Architect.shall keep the Owner the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the"Owner against defects and ments for the construction of the Project. deficiencies in the Work of the' Contractor. 1.31 The Architect shall assist the Owner in the prepara- 1.5.5 The Architect shall not have control or charge of tion of the necessary bidding information, bidding forms, and shall be 'rlespe Bible for construction means, the Conditions of the Contract, and the form of Agree- .not methods, techniques, sequences or procedures, or for ment between the Owner and the Contractor. safety precautions and programs In connection with the _ 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sub - ALA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAO •_©1977 THE AMERICAN INSTITUTE Of ARCHITECTS, 173S NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2= B141-1977 3 contractors or any other persons performing any of the ' Wock, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. 1.5.6 ' The Architect shall at all times have access to the Work wherever it is in preparation or progress. 1.5.7 The Architect shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Payment, and shall issue Certificates for Payment in such amounts, as provided in the Contract Documents. 1.5.8 The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the Architect's observations at the site as pro- vided in Subparagraph 1.5.4 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point Indicated; that, to the best of the Architect's knowledge, information and belief, the qual- ity of the' Work is in accordance with the Contract Docu- ments (subject to an evaluation of the Work for con- formance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests re- quired by or performed under the Contract Documents, to minor deviations from the Contract Documents Cori rectable prior to completion, and to any specific qualifica- tions stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the Issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 1.5.9 The Architect shall be the interpreter of the re- quirements of the Contract Documents and the judge of the performance thereunder by both the Owner and Contractor. The Architect shall render interpretations nec- essary for the proper execution or progress of the Work with reasonable promptness on written request of either the Owner or the Contractor, and shall render written de- cisions, within a reasonable time, on all claims, disputes - and other matters in question between the Owner and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. 1.5.10 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic form. In the capacity of interpreter and. judge, the Architect shall endeavor to secure faithful perform- ance by both'the Owner and the Contractor, shall not show partiality to either, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 1.5.11 The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. The Architect's decisions on any other claims, 'disputes or other matters, including those in question between the Owner and the Contractor, shall be subject to arbitration as provided in this Agree- ment and in the Contract Documents. 1.5.12 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, the. Architect will have author- ity to require specfii inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whether or not such Work be then fabricated, in- stalled or completed. 1.5.13 The Architect shall review, and . approve or take other appropriate`action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conform nce'with the design concept of the Work and with the information "given, In the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The'Architect's ap- proval of a specific itern'shall'not Indicate approval of an assembly of which the Item Is a -component. 1.5.14 The Architect shall 'piepare`Change Orders for the Owner's approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes In the Work not involving an adjustment in the Contract Sum or in extension of the Contract Time which are not inconsisti�t with t 1gtent of;the Contract Documents. ' 1.5.15 The Architect shall conduct Inspections to deter- mine the Dates of Substantial •Corrtptetion and final com- pletion, shall receive and forward.,to the,,Qwner for the Owner's review written`warrarftiesand retated'documents required by the Contract Documents and ,assembled by the Contractor, and shall"issue's i11,41 Certificate.for Pay- ment. 1.5.16 The extent of the duties, responsibilities and lim- itations of authority of the, Architect as the Owner's rep- resentative during constructionihall not 6 modified or extended without written consent of the Owner, the Con- tractor and the Architect: 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES 1.6.1 If the Owner and Architect agree that more ex- tensive representation at the site than is described in Paragraph 1.5 shall be provided, the Architect shall pro- vide one or more Project Representatives to assist the Architect in carrying out such responsibilities at the site. 1.6.2 Such Project Representatives shall be selected, em- ployed and directed by the Architect, and the Architect shall be compensated therefor as mutually agreed be- tween the Owner and the Architect as set forth in an ex- hibit appended to this Agreement, which shall describe the duties, responsibilities and limitations of authority of such Project Representatives.'' 1.6.3 Through the observations by such Project Repre- sentatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representa- tion shall not modify the rights, responsibilities or obliga- tions of the Architect as described in Paragraph 1.5. 1.7 ADDITIONAL SERVICES The following Services `are not inciuded in Basic Services unless so. identified In Article 15. They shall be provided'.if authorized or confirmed in writing by the Owner, and they shall be paid for'by the Owner as provided in this Agreement, In addition to the compensation for Basic Services. AIA DOCUMENT 9141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA9 • ® 1977 4 B141-1977 THE AMERiCAN INSTITUTE OF ARCHITECTS, 1n S NEW YORK,AVENLIE, N.W.,, WASHINGTON, D.C. 2DO06 1.7.1 Providing analyses of the Owner's needs, and pro- gramming the requirements of the Project. 1.7.2 Providing financial feasibility or other : special studies. 1J.3 Providing planning surveys, site evaluations, envi- ronmental studies or comparative studies of prospective sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities or others having jurisdiction over the Project. VA Providing services relative to future facilities, sys- tems and equipment which are not intended to be con- structed during the Construction Phase. 1.7.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information fur- nished by the Owner.. 1.7.6 Preparing documents of alternate, separate or sequential bids or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase, when requested by the Owner. 1.7.7 Providing coordination of Work performed by separate contractors or by the Owner's own forces. 1.7.8 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 1.7.9 Providing Detailed Estimates of Construction Cost, analyses of owning and operating costs, or detailed quan- tity surveys or inventories of material, equipment and labor. 1.7.10 Providing interior design and other similar ser- vices required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 1.7.11 Providing services for planning tenant or rental spaces. 1.7.12 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. 1.7.13 Preparing Drawings, Specifications and supporting data and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Con- struction Cost is not commensurate with the services re- quired of the Architect, provided such Change Orders are required by causes not solely within the control of the Architect 1.7.14 Making investigations, surveys, valuations, inven- tories or detailed appraisals of existing facilities, and serv- ices required in connection with construction performed by the Owner. 1.7.15 Providing consultation concerning replacement of any Work damaged by fire or other cause during con- struction, and furnishing services as may be required in connection with the replacerneq Df such Work. 1.7.16 Providing services made necessary by the default of the Contractor,. or by major defects or deficiencies in the Work of the `Contractor, & by failure of performance of either the Owner or ContMctor:pndeuthe Contract for Construction. 1.7.17 lK*0XdG XYs*KWtfW1dMbi-XM?SWiiM?iM x�ii�x�s�r�yct�x�t+t�x�>�xa�>t�atxx 1.7.18 Providing`exten4ve asslstarue'in`the utilization of any equipment or,"tem'Such'as initial tart -up or testing, adjusting and balancing,"preParation' of operation and maintenance rnanuals; training°,personnel for operation and maintenance, and corsOltation`dprl" operation. 1.7.19 Providing services after ssuance ,to the Owner of the final Certificate for Paytrteri�,*�[[n�';the absence of a final Certificate `for 'ayrnent,` rabra' Xn sixty days after the Date of. Substantial'Completionl6 f the Wo& 1.7.20 Preparing to,sente or serving as,an expert witness in connection with my .pu try id ' #rbitr. tion pra- ceeding or legal prQpee.d.h* i,? 1.7.21 Providing services of Oonsultants for other than the normal architectural,:'stroctural,;mechanical and elec- trical engineering services faroie, r9ject, 1.7.22 Providing any other sery pes not otherwise in- cluded in this Agreement orpot customarily furnished in accordance With generally accepted.architectural -practice. 1.8 TIME i 1.8.1 The Architect shall perforin Basic and Additional Services as expeditiously 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 shall be adjusted as required as the Project proceeds, and shall include allowances for peri- ods of time required for the Owner's review and approval of submissions and for approvals of authorities having jurisdiction over the Project -This schedule, when approved by the Owner, shall not, except for reasonable cause, be exceeded by the Architect. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding requirements for thle Project including a program, which shall set forth the Owner's design objectives, constraints and criteria, including space requirements and relation- ships, flexibility and expandabiliry,.tpecial equipment and systems and site requirements. 2.2 If the Owner provides a ` budget for the Project it shall include contingencies. for bidding,changes in the Work during construction, and.other costs which are the responsibility of the Owner, inducting those described in this Article 2 and in Su bparagraph.3.'t.2. The Owner shall, at the request of the Architect, Provide a :statement of funds available for the Project, and their source. AIA DOCUMENT 9141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 9 AIA9 0 4D 1977 THE AMERiCAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, MC Xxa 9141 1977 5 23 The Owner shall designate, when necessary, a rep- signed, specified, selected or_specially.provided for by resenta6ve .authorized to act in the Owner's behalf with ' the Architect. ... respect to the Project. The Owner or such authorized representative shall examine the documents submitted by 113 Construction Cost does not include -the compen- sation of the' Archltect 'and the Architect's,. consultants, . the Architect and shall render decisions pertaining thereto promptly,, to avoid unreasonable delay In the progress of the cost of the land, rights-qf-way,.or'othet costs which the Architect's services, are the responstbitity;of the wner,:as ptpvtded in Arti- 2.4 The Owner shall furnish a legal description and a cte2. t- { certified land .survey, of the site, giving, as applicable, 3.2 RESPONSIBIUTY;P.4OUNSTRUMQN-COST grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluatlont of the Owner's.froject budget, State- ing property; rights -of -way, restrictions, easements, en-. croachments, zoning,deed restrictions, boundaries and.: merits of . Probable, Construction .'.Cost and Detailed Estimates of Construction Cost, if. any, prepared by the contours of the site; 1 locations, dimensions and complete Architect, represent the Architect's :best judgment as a data pertaining to existing buildings, other improvements design professional familiar with .the construction indus- and trees; and full information concerning available serv- try. It is recognized, however; that neither the'Architect ice and utility lines both public and private, above and nor the Owner has control, over the costof labor, mate - below grade, including inverts and depths. rials or equipment, overth'eContractdrli'Methods of de- 2.5 The Owner shall :furnish . the services of soil engi- termining bid prices, or over. competitive bidding, market neers or other consultants when such services are deemed or negotiating conditions. IA094r4ngly,' the Architect necessary by the Architect. Such services shall include test cannot and does •not"warrant ;;or eepcesent that bids or borings, test pits, soil bearing values, percolation tests, air negotiated.: prices will ,not .vVy froia the Project budget and water pollution tests, ground corrosion and resistivity' proposed, established or approved j7y,�'.the Owner, if any, tests, including necessary operations for determining sub- or from any Statement of Probable Coilstructlon Cost or soil, air and water' conditions, with reports and appropri- other cost estimate or 'OVA ot1ou1 prepat+ad a y the Archi- " ate professional recommendations, tect. 2.6 The Owner' shall furnish structural, mechanical, 3.2.2 No fixed limit of.Constructlon:Cost shall be estab- chemical and other laboratory tests, inspections and. re- lished as a condition-of_this Agreement by the furnishing, ports as required by law or the Contract Documents. . proposal or establishment of aprojectbudget. under Sub- 2.7 The Owner shall furnish all legal, accounting and In- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such fixed limit has been agreed upon in'Writing'and•signed by suranoE counseling services as may be necessary at any time for 'the 'Project, including such auditing services as the partie"s hereto. It such $ �ceti, limit his been -estab- the p, 'shall imi tio Owner may require to verity the Contractor's the Architect be :perrtl .to include cab- tingencies for design, bidding and price escalation, to de- hat p r- for what be- poses for Payment or to ascertain how paid poses the Contractor uses the moneys paid by or on be- termine what materials, equipment, component systems half of the Owner. and types of construction are to be included in the Con - tract. Documents, to; make reasonable. adjustments in the 2.8 . The services, information, surveys and reports re- scope of the Project and to Include in the Contract Docu- quired by Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the:Construction Cost to the furnished at the Owner's expense, and the Architect shall fixed limit. Any such fixed limit shall be increased in the be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring thereof. after execution of the Contract for Construction. 2.9 If the Owner observes or otherwise becomes aware 3.2.3 if the bidding or Negotiation Phase has not com- of any fault or defect in the Project or nonconformance menced within three months'after the Architect submits with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget, or fixed limit of ,Construction Cost shall be ad- 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals and decisions as ex- in the construction industry between the date of submis- peditiously as necessary for the orderly progress of the sion of the Construction Documents to the Owner and Architect's services and of the Work. the date on which proposals 'are sought. 3.2A If a. Project budget or Axed limit of Construction ARTICLE 3. Cost (adjusted as provided in.. -Subparagraph 3.2.3) is ex- ceeded by the .lowest bona `fide bid or negotiated pro - CONSTRUCTION COST posal, the Owner shall (1) give written,approval of an 3.1 DEFINITION increase in .such fixed Hm)t, "G2) authorize rebidding or re- 3.1.1 The Construction Cost shall be the total cost or negotiating of the Project within a`reasonable time, (3) if the Project is abandoned, terminate in accordance with estimated cost to the Owner of all elements of the Project Paragraph `10.2, -or (4) cooperate in„ revising the Project " designed or specified by the Architect. scope and quality as required #o reduce the Construction 3.1.2 The Construction Cost shall include at current Cost. In the case of Ob provided a fixed limit of Construc- market rates, including a reasonable allowance for over- tion Cost has been established as a condition of .this Agree - head and profit, the cost of labor and materials furnished ment, the Architect, without additional.charge,. shall mod - by the Owner and any equipment which has been de- ify the Drawings` and`Specifieations as necessary to comply AIA DOCUMENT'11141 • OWNER -ARCHITECT AGREEMENT THIRTEENTH EDITION,, JULY1977 • AEA® • 01977 6 B141-1977 THE AMERiCAN INSTITUTE, OF ARCHITECTS, IIM "NEW NORKC 4VENt1E,';�Iw•,'W715tpNG1oN. D.C. 2000G .� with the fixed limit. The providing of such service shall be the limit of the Architect's responsibility arising from the establishment of such fixed limit, and having done so, the Architect shall be entitled to compensation, for all. services performed, in accordance with 'this Agreement, whether or not the Construction Phase is commenced. 1ai ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense is defined as the direct sal- aries of all the Architect's personnel engaged on the Proj- ect, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee bene- fits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are In addition to the Com- pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- tect's employees and consultants In the interest of the Project for the expenses listed in the following Sub- paragraphs: 5.1.1 Expense of transportation in connection with the Project; living expenses in connection with out-of-town travel; long distance communications, and fees paid for securing approval of authorities having jurisdiction over the Project. 5.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents, excluding reproductions for the office use of the Architect and the Architect's consultants. 5.1.3 Expense of data processing and photographic pro= duction techniques when used in connection with Addi- tional Services. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 5.1.5 Expense of renderings, models and mock-ups re- quested by the Owner. 5.1.6 Expense of any additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants. ARTICLE 6. PAYMENTS TO THE ARCHITECT 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 6.1.1 An initial payment as set forth in Paragraph 14.1 is the minimum payment under this Agreement. 6.1.2 Subsequent payments for Basic Services shall be made monthly and shall be in proportion to services per- formed within each Phase of services, on the basis set forth in Article 14. 6.1.3 If and to the extent that the Contract Time initially established in the Contract for Construction is exceeded or extended through no fault of the Architect, compensa- tion for any Basic Services' required .for .such extended period of Administration of the Construction Contract shall be computed as forth `In'Paragraph'14.4 for Addi- tional Services. 6.1.4 When compensation is based, on,''a percentage of Construction Cost, and any portions of'the Project are deleted or otherwise' notconstructed, ,compensation for such portions of the P.coject shall be payable'to`-the extent services are performed on such portions, in accordance with the schedule set forth in Subparagraph 14.2.2, based on (1) the lowest bona fide bid or negotiated proposal or, (2) if no such bid or'proposal-is mcelved, the most recent Statement of Probable Construction Cost or Detailed Esti- mate of Construction Cost for such p6rljgi ,s of the Project. 6.2 PAYMENTS ON ACCOUNT -Of, ADDITIONAL SERVICES'.,, 6.2.1 Payments on account Of the Ar4Ftltect's Additional Services as defined In. �' rag,ra� h 1.7;and fob Reimbursable Expenses as defined in Arti�cl4 S ah�tl >xie 'made monthly upon presentation of the ArchlFe t'�. of services rendered or expenses incurred 6.3 PAYMENTS WITHHUD , 6.3.1 No deductions shall be' Made;from the Architect's compensation on account of penalty;;' liquidated damages or other sums withheld` from`paynI64ts fo contractors, or on account of the cost of changes in'the Work other than those for which the Architect is heldlegallydiable. 6.4 PROJECT SUSPENSION OR "tA+l1NAT101t1 6.4.1 If the Project- Is* suspended or abandoned in whole or in part for more than three months, the Architect shall be compensated for all services performed prior to receipt of written notice from the Owner of; such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 10A. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be equitably adjusted. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS 7.1 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 kept on the basis of generally accepted accounting principles and shall be -available.. to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 8 OWNERSHIP AND USE OF DOCUMENTS 8.1 Drawings and Specifications as. Instruments of serv- ice are and shall remain the proPerty' of. the Architect whether the Project for which they ,are tttade is executed or not. The Owner shall be permitted'to retain copies, in- cluding reproducible copies, of Drawings, and Specifica- tions for information and reference ln'connection with the Owner's use and ° occupancy of the Project. The Drawings and Specifications shall not be used by the Owner on AIA DOCUMENT 5141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 + AIM • 01977 THE AMERICAN INSTITUTE OF ARCHITECTS, Inn NEW YORK AVENUE, N.w., WASHINGTON, D.C. XW6 5141-1977 7 other projects, for additions to this Project, or for comple- tion of this Project by others provided the Architect is not in default underthis Agreement, except by agreement in writing and with appropriate compensation to the Archi- tect. 8.2 Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project Is not to be construed as publication in derogation of the Architect's rights. ARTICLE 9 ARBITRATION 9.1 All claims, disputes and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbi1ra- tion Association then obtaining unless the parties mutu- ally agree otherwise. No arbitration, arising out of or re- lating to this Agreement, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Agreement except by written consent con- taining a specific reference to this Agreement and signed by the Architect, the Owner, and any other person sought to be joined. Any consent to arbitration involving an ad- ditional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This Agree- ment to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. 9.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 10 TERMINATION OF AGREEMENT 10.1 This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 10.2 This Agreement may be'terminated by the Owner upon at least seven days' written notice to the Architect in the event that the Project is permanently abandoned. 10.3 - In the event of termination not the fault of the Ar- chitect, the Architect shall be compensated for all services performed to termination date, together with Reimburs- able Expenses then due and all Termination Expenses as defined in Paragraph 10.4. 10A Termination Expenses include expenses directly at- tributable "to "termination for which .Ae ;Architect Is not otherwise compensated, plus, 'on'amgunt computed as a percentage of "the total Basic and Additional compensa- tion earned to the time'of termination, as follows: .1 20 ,percent if termination, oq:u.rs during the Sche- matic Design Phase; or .2 10 percent if termination occurs during the Design Development Phase; or .3 5 percent jf termination occurs during any subse- quent phase. ARTICLE IT. MISCELLANEoVs'.'el;ovlsiionls 11.1 Unless otherwise, specified, this Agreement shall be governed by the taw oflthe.prinppal place,of.business of the Architect. 11.2 Terms in .this Agreement shall have the same mean- ing as those in AIA,pac irrent A201, General Conditions of the Contract for CdnstrtiCtion;"ctimht as of the date of this Agreement 11.3 As between the parties "t6 this Agreement: as to all acts or failures to act by either partyto this Agreement, any applicable statute''of limitations' shall "commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the rele- vant Date of Substantial Completion , f the -Work, and as to any acts or, failures to act `gccurring 4kfter the relevant Date of Substantial Completion, not later than ,the date of issuance of the final Certificate for 4yment. . 11.4 . The Owner and the Architect waive all rights against each other and against the, contractors, consult- ants, agents and.employees of the other for damages cov- ered by any property insurance during construction as set forth in the edition of AIA DocumentA201, General Con- ditions, current as .of the date of this Agreement. The Owner and the Architect each shall require appropriate similar waivers from their contractors, consultants and agents. ARTICLE 12 SUCCESSORS AND ASSIGNS 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and -legal representa- tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any Interest In this Agreement without the written consent of the other. ARTICLE 13 EXTENT OF AGREEMENT, 13.1 This Agreement represents the,entire and integrated agreement between the; Owner and the Architect and supersedes all prior negotiations, representations or agree- ments, either writtenor oral, This Agreement may be amended only ,by writtem,ipstrinont signed by both Owner and Architect. AIA DOCUMENT 2141 • OWNER -ARCHITECT AGREEMENT • TH THIRTEENEDITION- JULY 1977 • AIA* • 01977 8 81414977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735,NEW YORK AyENUF., N.W,,4WA0I1I GTON, D.C. 2DOD6 ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided,'in accordance with,Article 6, Payments to the Architect, and the other Terms and Conditions of this`Agreement, as follows: 14.1 AN INITIAL PAYMENT of NO dollars 0,00 ) shall be made upon execution of this Agreement and credited to the Owner's account as follows: 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows:. , (Here Insert basis of compensation, Including fixed amounts, multiples or percentages, and identify Phases so whl,* part(atfar twgioas of compensa- tlart apply, if necessary.) .- LUMP SUM OF $3,500.00 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so . that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (include any additional Phases as appropriate.) Schematic Design Phase: FIFTEEN percent ( 15 °k) Design Development Phase: TWENTY percent (20 Construction Documents Phase: FORTY percent ( 40 yo) Bidding or Negotiation Phase: FIVE percent ( 5 aJ6) Construction Phase: TWENTY percent ( 20 16) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described its PArgraph,1A, Compensation shall be computed separately In accordance with Subparagraph 1.6.2. .-. ALA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT a THIRTEENTH EDITION x JULY 1977 a AIAo • to 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, N.W., WASHINGTON,' D.C. XW6 `6141+197T 9 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.+4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of.consultants, Compen- sation shall be computed as follows: (Here insert basis of comperuatlon, including rates andlor multiples of Direct Personnel Expense for Principals- and �amployees, Land identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation llpply,'!f saecessaryj 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional Services, a multiple of one and ten hundreths ( 1.10 } times theamountsbilled to the Architect for such services. (Identify specific types of .consultants in Article 15, it required.) 14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reim - burnable Expenses, a multiple of one and no tenths ( 1.0 ) times 'the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. (Here insert any rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision, Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as'writtett disddsures or waivers.) 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of -this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within twenty-four 04) months of the date hereof, through no fault of the Architect+. the am uhts srf Compensation, rates and multiples set forth herein shall be equitably adjusted.. AIA DOCUMENT 0141 a OWNER -ARCHITECT AGREEMENT a. THIRTEENTH EDITION A )ULY I= a AIA® • 0 197 10 6141.1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORt(.�VEEAt�,: hl• v .`Ni I INGTON, D.C. 3000 4 1 ARTICLE 1S OTHER CONDITIONS OR SERVICES 15.1 The Architect agrees to design the project within a budget' limitation of $50,000 subject to the conditions set forth hereinbefore under Paragraphs 3.2.1, 3.2.2; 3.2.3, end 3.2.4. If the project cannot be awarded within the budgeted,funds, the Architect agrees to revise the contract documents as re- quired to reduce the construction cost to meet budget limi- tations with no increase in the Architect's basic compenea" tipn. Such reductions shall not reduce the lscope"of the project so much that the equipment and personnel requirements stated in the Request for Architects Proposal are no longer. met. 15.2 If considered necessary by the Architect, the Architect -, agrees tp make arrangements for the employment of,s land surveyor for the preparation of a certified land,survey.as hereinbefore described under Paragraph 2.4. The Owner, agrees to reimburse the Architect for the cost of this survey, 15.3 If considered necessary by the Architect, the Architect agrees to make arrangements for the employment of a soils engineer and testing laboratory for the preparation of a soils report as described hereinbefore under Paragraph 2.5. The Owner agrees to reimburse the Architect for the cost of this soils report. 15.4 The Architect agrees to furnish the Owner with a set of repro- ducible record drawings corrected to reflect significant changes made during construction, which drawings and specifi- cations shall become the sole property of the Owner. 15.5 The Architect agrees to notify the Owner immediately of any claims against the Contractor by subcontractors or material - men which are submitted to the Architect. 15.6 The Architect agrees that work on the project shall not commence until the Owner issues a Letter of Notification authorizing the Architect to proceed with the project. 15.7- The Texas Board of Architectural E:xaminers,.8213 Shoal Creek Blvd., #107, Austin, Texas 78758, Telephone: 512/45871363, has jurisdiction over individuals licensed under the Architects Registration Law, Article 249a, VTCS. AIA DOCUMENT •141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • IULY 1977 • AIAe • 01977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1n5 NEW YORK AVENUE, N.W„ WASHINGTON, D.C. 21406 B141.1977 11 No Text 1 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me McKee a Notary Public in and for Lubbock Countv, Texas on this day personally appeared Twi I a Aufi 1 I „ Aeeo unt Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning. Evening and Sunday. who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Legal Notice-203 wordsca3st per word-$66.99 Nip. 861559 at Lubbock County, Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -.Journal on the following dates: February 199 1 8 L-7917 Ac Manager LU8f1"Kl�t` HE -JOURNAL • .r So,4� (ester Nr, rs Corporation J10J 20th February 84 scrl¢c� ad'vforn tm afore me this day of 19 110 FORM 58-10 ADVERTISEMENT FOR 910S Bid 17618 - Seated "proposals addressed 'ip Gene_ fads, Purchasing Manager, CRY -of I,Ulbock. Taxes. will be rp• teiveo at the offl& of the Purcha6 Ing. Manager, 916 Texas Ave. Lub; bock; Taxes, until 2:00 o'clock P.m: on the 61h clay of March, i9U to fur, nlsh all,dpbor and .-material$ and perform all work for the constryC. lion of the following described pro. fecM ;- ;T Renovation of Davis Party House of 42nd St. and fYe;hvltle an4 Ala• . hon Party-Nouse'`af �gth Stand Chicago. Lubbock.TY. After the expiration at the time fly dateabove first written sealed pro- 06mis will be opened Ay the Purim enasni Manager at his office and publiciv read aloud. The Plans, specifications, pro6osaf form; and contract documents maY be examined at the office pf the Pyrsha,Sing Manager for the 4itY of Lubbock, Texas, Plans and^specificatlofs can be ot: tamej. at the Office of banns D, McLarty, ' 12-Driercrofl Office - Itark,Lubbock,Tx. ,! The above described proiect will be paid for In part fine whole from General Revenue Sh the arfng pre. pram end.Me contract for this pre. lest ;oust comply with the Provl• ;ions of the Davie.BOcon Act which teaul/es .the PSYmpnt of .I*deral _minimum wages. ,