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HomeMy WebLinkAboutResolution - 5658 - Agreement- Stiles & Stiles Architects- LP&L Office Renovation, 1301 Broadway St - 10_09_1997RESOLUTION NO. 5658 Item #26 October 9, 1997 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement, attached. herewith, by and between the City of Lubbock and Stiles & Stiles, Architects, and any associated documents, which Agreement 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 9th „ day of October 1997. TEST: Kaj Darnell, City Secretary APPROVED AS TO CONTENT: mi , Facilities Manager AS TO FORM: Uadald G. Vandiver First Assistant City Attorney DGV.p/=doWStiles&res September 30, 1997 T H E A M E R I C A N I N S T I T U T E RESOLUTION NO. 5658 Item #26 October 9, 1997 O F A R C H I T E C T S ALA Document B151 Abbreviated Form of Agreement Between Owner and Architect for Construction Projects of Limited Scope 1987 EDITION THIS DOCUMENT HAS 111PORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the Twenty-ninth day of Nineteen Hundred and Ninety -Seven BETWEEN the Owner: The City Of Lubbock, Texas (Dame and address) P.O. Box 2000 Lubbock, Texas 79457 and the Architect: (Name and address) Stiles & Stiles, Architects 3307 Avenue X Lubbock, Texas 79411 For the following Project: (Include detailed description ojProject location, address and scope.) September in the year of Lubbock Power & Light Office Renovation 1301 Broadway Street Lubbock, Texas 79401 The Owner and Architect agree as set forth below. Copyright 1974, 1978, @a 1987 by The American Institute of Architects, 1733 New York Avenue, N.W., Washington. D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AlA DOCUMENT 8151 - ABBREVIATED OWNER :ARCHITECT AGREEIAENT - THIRD ADDITION - AIAS - 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVENUE, N.W., tVASMNGTON, D.C. 20006. 8151-1987 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECTS SERVICES 1.1.1 The Architect's services consist of those services performed 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 expeditiously as is consistent with professional skill and care and the orderly progress of the Work. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5. L ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1. The Architect's Basic Services consist of those described under the three phases identified below, any other services identified in Article 12, and include normal structural, mechanical and electrical engineering services. 2.2 DESIGN PHASE 2.2.1. The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.2 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Design Documents consisting of drawings and other documents appropriate for the Project, and shall submit to the Owner a preliminary estimate of Construction Cost. 2.3 CONSTRUCTION DOCUMENTS PHASE 2.3.1 Based on the approved Design Documents, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project and shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost. 2.3.2 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.3.3 Unless provided in Article 12, 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. 2.4 CONSTRUCTION PHASE -ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.4.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work, unless extended under the terms of Subparagraph 10.2.3. 2.4.2 The Architect shall provide administration of the Contract 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. 2.4.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. 2.4.4 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 Service at the Owner's direction from time to time during the correction period described in the Contract for Construction. 2.4.5 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 manner indicating that the Work when completed will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of on -site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. (More extensive site representation may be agreed to as an Additional Service, as described in Paragraph 3.2.) 2.4.6 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 cant' out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.4.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.4.8 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. 2.4.9 The Architect's certification for payment shall institute a representation to the Owner, based on the Architect's constitute at the site as provided in Subparagraph 2.4.5 and on the AIA DOCUMENT B151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT* THIRD ADDITION • AIAS • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006. B151-1987 2 data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work,_ (2) reviewed construction means, methods, techniques, sequences' or procedures, (3) reviewed copies of requisitions rgceived from Subcontractors and material suppliers 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. 2.4.10 The Architect shall have authority to reject Work which does not conform to the Contract Documents and will have authority to require additional inspection or testing of the Work whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents_ 2.4.11 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. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents. the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.4.12 The architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if authorized or confirmed in writing by the Owner as provided in Paragraphs 3.1 and 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. 2.4.13 The Architect shall conduct inspections to determine the dates of Substantial Completion and final completion and shall issue a final Certificate for Payment. 2.4.14 The Architect shall interpret and decide matters concerning 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. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance 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. ARTICLE 3 ADDITIONAL SERVICES 3.1 Additional Services shall be provided if authorized or con- firmed in writing by the Owner or if included Article 12, and they shall be paid for by the Owner as provided in this Agreement. Such Additional Services shall include, in addition to those described in Paragraphs 3.2 and 3.3, budget analysis, financial feasibility studies, planning surveys, environmental studies, measured drawings of existing conditions, coordination of separate contractors or independent consultants, coordination of construction or project managers, detailed Construction Cost estimates, quantity surveys, interior design, planning of tenant or rental spaces, inventories of materials or equipment, preparation of record drawings, and any other services not otherwise included in this Agreement under Basic Services or not customarily furnished in accordance with generally accepted architectural practice. 3.2 If more extensive representation at the site than is described in Subparagraph 2.4.5 is required, such additional project representation shall be provided and paid for as set forth in Articles 11 and 12. 3.3 As an Additional Service in connection with Change Orders and Construction Change Directives, the Architect shall prepare Drawings, Specifications and other documentation and data, evaluate Contractor's proposals, and provide any other services made necessary by such Change Orders and Construction Change Directives. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information, including a program which shall set forth the Owner's objectives, schedule, constraints, budget with reasonable contingencies, and criteria. 4.2 The Owner shall fiunish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, a written legal description of the site and the services of geotechnical engineers or other consultants when such services are requested by the Architect. 4.3 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.4 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by the Owner. 4.5 The foregoing services, information, surveys and reports shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. _ 4.6 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. 4.7 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. AIA DOCUMENT 8151 • ABBREVIATED OW�%ER-ARCHITECT AGREEMENT • THIRD ADDITION • AIAau • Z 1987 THE A\fERICAN NSTITLTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHNGTON, D.C. 20". B151-1987 3 ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials fiunished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, nghtsof-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 It is recognized that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices Will not vary from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless a fixed limit has been agreed upon in writing and signed by the parties hereto. 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 Any Project budget or fixed limit of Construction Cost may be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give;written approval of an increase in such fixed .2 1lalutthllorize 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. 5.2.4 If the Owner chooses to proceed under Clause 5.2.4.4, the' Architect, without additional charge, shall modify the Contract 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 ARCHITECTS DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project, and the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be pennitted to retain copies, including reproducible 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 Architect'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 compensation to the Architect_ 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 C disputes or other matters in question be the parties t this Agreement arising out of or rela ' to this Agreement breach thereof shall be subject to an decided by arbitration accordance with the Con on Industry Arbitration R s of the American Arbitra ' n Association currently in effec unless the p:uties mutual agree otherwise. No arbitration axis' out of or relating to is Agreement shall include, by consolida 'on, joinder or in y other manner, an additional person or en ' not a party this Agreement, except by written consent con g a ifrc reference to this Agreement signed by the er; tect, and any other person or entity sought to be joined, o t to arbitration involving an additional person or entity 1 not constitute consent to arbitration of any claim, di to other matter in question not described in the written sent. a foregoing agreement to arbitrate and other a ents to ar 'trate with an additional person or entity dul consented to the parties to this Agreement shall be 'fically enforcea in accordance with applicable law in court having jurisdictio thereof. 7.2 InXwhinstitution shall the demand for arbitratio be made after the date of legal or equitable edings based on suchdispute or other matter in questio would be barred blicable statutes of limitations. 7.3 a award rendered by the arbitrator or arbitrators slNl be f , and judgment may be entered upon it in accordance th p(pplicable law in any court having jurisdiction thereof. 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 AIA DOCUMENT 8151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT 0 THIRD ADDITION • AIA® 6 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006. B1514987 4 fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be governed 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 Contract 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 commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Pavment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of ALA Document A201, General Con- ditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns 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 consent of the other. 9.6 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create contractual relationship with or a cause of action in favor of third party against either the Owner or Architect. 9.8 The Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 1 0 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 contributions 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 include expenses incurred by the Architect in the interest of the Project for. .1 expense of transportation and living expenses in connection with out-of-town travel authorized by the Owner .2 long-distance communications; .3 fees paid for securing approval of authorities having jurisdiction over the ProJeet; .4 reproductions; .5 postage and handling of Drawings and Specifications; .6 expense of overtime work requiring higher than regular rates, if authorized by the Owner, .7 renderings and models requested by the Owner, .8 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; and .9 expense of computer -aided design and drafting equipment time when used in connection with the Project. AIA DOCUMENT B151 -ABBREVIATED OWN7ER-ARCHITECT AGREEMENT - TH[ D ADDITIO` - AL4© - Z1987 THE A.IfERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006. 6151-1987 5 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 services performed within each phase of service. forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 10.3.3 If and to the extent that the time initially established in 10.4.1 Payments on account of the Architect's Additional Subparagraph 11.5.1 of this Agreement is exceeded or extended Services and for Reimbursable Expenses shall be made monthly Itno fault of the Architect, compensation for any services upon presentation of the Architect's statement of services rendered during the additional period of time shall be computed rendered or expenses incurred_ in the manner set forth in Subparagraph 11.3.2. 10.5 PAYMENTS WITHHELD 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or 10.5.1 No deductions shall be made from the Architect's com- otherwise not constructed, compensation for those portions of the pensation on account of sums withheld from payments to Project shall be payable to the extent services are performed on contractors. those portions, in accordance with the schedule set ARTICLE 11 BASIS OF COMPENSATION . The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT OF ZERO Dollars($ 0.00 shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis ofeompensatfon, including stipulated sums multiples or percentage., and identify phases to which particular methods of compensation apply, {f'necessary.) A FIXED FEE in the amount of FORTY SIX THOUSAND NINE HUNDRED AND N01100 DOLLARS (W,900.00). 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Design Phase: Construction Documents Phase: percent ( 35 %) percent ( 45 %) Construction Phase: percent ( 20 %) Total Basic Compensation: one hundred percent ( 100 %) AIA DOCUMENT B151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT - THIRD ADDITION - AIA® - C 1987 THE AIVIERICAN TNSTTI'U'IE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006. B151-1987 6 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be computed as follows: NONE. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT provided under Article 3 or identified in Article 12, compensation shall be computed as follows: (Invert basis of compensation, including rates and/or multiples of Direct Personnel Expense forPrincipals and employees and identify Principals and classify employee.% if required Identify specific services to which particular methods ofcompensation apply, if necessary.) See Attachment to AIA Document B 151 Dated September 29, 1997. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Article 3 or identified in Article 12 as part of Additional Services, a multiple of ONE ( 1.0 ) times the amounts billed to the Architect for such services. (Identify specific types of cotmiltants in Article 12, ilrequired.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIWURSABL.E EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses a multiple of ONE ( 1.0 ) 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 TWELVE ( 12 ) months of the date hereof, through no fault of the Architect, extension of Architect's services beyond that time shall be compensated as provided in Subparagraphs 10-3.3 and 11-3.2. 11.5.2 Payments are due and payable THIRTY (30) days from the date of the Architect's invoice. Amounts unpaid SIXTY (60) days after invoice date shall bear interest from the date payment is due 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. (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 shocld be obtained with respect to deletions or modl fication% and also regarding requirements such as written disclosures or waivers) 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. AIA DOCUMENT El b1 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD ADDITION • AIAO.01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006, B151-1987 7 ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of otherservicIm identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement) NONE. OWNER i re) DON VANDIVER, ASSISTANT CITY ATTORNEY (Printed name and title) WA R. 9 5, 0, VICTOR KH MAN, PURCHASING MANAGER (Printed name and title) This Agreement entered into as of the day and year first written above. GARY SMITH, FACILITIES MANAGER (Printed name and title) ATTES t(,j Kay a Darnell, City Sec etary ARCHITECT a re M. EDWARD STILES. AIA (Printed name and title) AIA DOCUMENT El61 - ABBREVIATED OWNER -ARCHITECT AGREEMENT - THIRD ADDITION - AIAS - 01957 THE AMF-RICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVENLM, N.W., WASHINGTON, D.C. 20". 8151-1987 8 Attachment to AIA Document B151 Abbreviated Form of Agreement Between Owner and Architect Dated: September 29, 1997 Project: Lubbock Power & Light Office Renovation 1301 Broadway Street, Lubbock, Texas 79401 Bid Number: Not Assigned Stiles & Stiles, Architects Job Number: 97-006 ARCHITECTURAL / ENGINEERING FEE CALCULATION Project: Lubbock Power & Light Office Renovation Hourly Fee Discipline Rate Hours Amount Principal Architects $70.00 80.00 $ 5,600.00 Staff Architects $60.00 74.00 $ 4,440.00 Prncpl Structural Engineers $75.00 16.00 $ 1,200.00 Staff Structural Engineers $60.00 00.00 $ 0.00 Prncpl Mechanical Engineers $70.00 40.00 $ 2,800.00 Staff Mechanical Engineers $60.00 80.00 ' $ 4,800.00 Prncpl Electrical Engineers $70.00 40.00 $ 2,800.00 Staff Electrical Engineers $60.00 120.00 $ 7,200.00 Computer Operator $45.00 360.00 $16,200.00 Clerical Workers $20.00 93.00 $ 1,860.00 TOTAL FEE AMOUNT $46,900.00 Sincerely, STILES & STILES, ARCHITECTS M. Edward Stiles, AIA Page One of One