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HomeMy WebLinkAboutResolution - 4419 - Contract - BGR Architect-Engineers Inc - Animal Shelter Renovation & Expansion - 03_10_1994Resolution No. 4419 March 10, 1994 Item #21 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 a Contract and all related documents by and between the City of Lubbock and BGR Architects -Engineers, Inc., of Lubbock, for architectural services for the City of Lubbock Animal Shelter Renovation and Expansion, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of March 1994. ATTEST: &0t;- kk rx i Betty M. Johnson, ity Secretary APPROVED AS TO CONTENT: C.H. Overstreet, DVM Shelter Supervisor VED AS TO KI Assistant City Attorney DG V :dp\G:\ccdocs\BGRRes February 11, 1994 BGR ARCHITECTS -ENGINEERS 211834TH STREET - LUBBOCK, TEXAS 79411 806/747-3881 FAX 806/747-8214 Mayor and City Council City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 RE: CITY OF LUBBOCK ANIMAL SHELTER RENOVATION AND EXPANSION Dear Sirs: February 22, 1994 Enclosed you will find the Agreement Between Owner and Architect for the referenced project. We have made the changes in paragraph 2.6.8 of the Standard AIA Agreement that were requested by City Staff Members. Paragraph 9.4 has been left unchanged from the AIA Standard Form of Agreement Between Owner and Architect. We understand that the City Attorney has agreed that this is acceptable. We call your attention to Article 12 of this agreement that lists other conditions and services not covered elsewhere in the agreement. We have listed Dr. Charles Overstreet as the representative of the City for matters pertaining to this project. We are also enclosing a copy of RFP #12783 which lists the scope of work for this project. This document will be part of our agreement and is labeled Exhibit A. Our Certificate of Insurance for Architectural Professional Liability is enclosed. We are looking forward to getting started on this challenging project. Sincerely yours, Harold W. Harris HWH:jdr Enclosures T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S AIA Document BI-?I Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the thirty-first day of January in the year of Nineteen Hundred and Ninety-four BETWEEN the Owner: CITY OF LUBBOCK 1625 13th Street Lubbock, Texas 79401 and the Architect: BGR ARCHITECTS -ENGINEERS, INC. 2118 34th Street Lubbock, Texas 79411 For the following Project: CITY OF LUBBOCK ANIMAL SHELTER RENOVATION AND EXPANSION BGR will prepare plans and specifications for the construction, remodeling and/or alterations of City of Lubbock Animal Shelter Renovation and Expansion in accordance with the scope of work attached hereto as Exhibit A. If requested, the Architect and/or Engineer will inspect the work by contractors to assure that the builder is following the plans and make sure proper tests are conducted during construction. Also, work with representatives of various City of Lubbock Departments. The Owner and Architect agree as set forth below. Copyright 191-. 1926, 1948, 1951 , i o53, 1958, 1961. i )o3, 1966. 196-... -0, 19--1. 19'-, )198" b1- The American Institute of Architects. 1735 New York AVenUe, NAV.. Washington. D C 20006 =,production of the material herein or substantial quotation of its provisions without %N ritten permission of the AIA v tolatr 'he copyright lams of the United States and will be subject to legal prosecution. AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA' - C 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEVI YORK AVENCF., N.W. WASHINGTO N. D.C. 20006 B141-1987 1 TERMS AND CONDITIONS OF ..tGREENIENT BETWEEN O\ NER AND ARCFITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those se:::ces per- formed by the Architect, Architect's employees and :, chitect's consultants as enumerated in Articles 2 and 3 of this :-zreement and any other services included in Article 12. 1.1.2 The Architect's services shall be performed zi expedi- tiously as is consistent with professional skill and cat_ and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a s&cdule for the performance of the Architect's services which: may be adjusted as the Project proceeds, and shall include a_owances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdicron over the Project. Time limits established by this schedule improved by the Owner shall not, except for reasonable cause, be teceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement are s bject to the time limitations contained in Subparagraph 11.5.:. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those cz�scribed in Paragraphs 2.2 through 2.6 and any other services i'entified in Article 12 as part of Basic Services, and include nor -al struc- tural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnishes by the Owner to ascertain the requirements of the Project _nd shall arrive at a mutual understanding of such requirement_ -, ith the Owner. 2.2.2 The Architect shall provide a preliminary eval=tion of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to t=t limita- tions set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner a:,-mative approaches to design and construction of the Projec: 2.2.4 Based on the mutually agreed -upon program. _chedule and construction budget requirements, the Archi:ect shall prepare, for approval by the Owner, Schematic Desi-t Docu- ments consisting of drawings and other documents E- strating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a pre'�-ninary estimate of Construction Cost based on current area.: _.'ume or other unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design D.: aments and any adjustments authorized by the Owner in the ::ogram. schedule or construction budge. the Arch::c1-: sha:: p rep:,%_. for approval by the Owner, Design Dcvelopm: nt i},cutncr.ts consisting of drawings and other d0Cun1Ct1t.s fix arl_� descr:ae the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and s;:,h other elements as ma}• be appropriate. 2.3.2 The Architect shall advise the Owner of am- 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 betv,-een the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of am• 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 preliminar-estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE —ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Sen-ices for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work, unless extended under the terms Of Subparagraph 10.3.3. 2.6.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extends.'. %-, ithout written agreement of the Owner and Architect with con.sent of the Contractor, which consent shall not he withheld. AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • : `- RTEENTH EDITION • AIA! • "1`s- THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEVI' TORK _ -NI.E, N Vy , V` A,HINGTON. D.0 2(XXX, B141-1987 2 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due, and (2) as an Additional Ser- vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a man- ner indicating that the Work when completed will be in accor- dance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of on -site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. (More extensive site representation may be agreed to as an Additional Service, as described in Paragraph 3.2.) 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accor- dance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contrac- tor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Etieept as may otherwise be provided in the GOWFOCt -. -,.kPc GiWly lawligh the &chit Communications by and with the Archi- tect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall consti- tute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Pay- ment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- tract Documents correctable prior to completion and to spe- cific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certi- fied. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaus- tive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, mcth- 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 t4) a-scertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whether or not such work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exer- cise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other per- sons performing portions of the Work. 2.6.12 The Architect shall review- and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the con- struction of the Owner or of separate contractors, while allow- ing sufficient time in the Architects professional judgment to permit adequate review. Review of such submittals is not con- ducted for the purpose of determining the accuracy and com- pleteness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents. the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equip- ment xvill meet the performance criteria required by the Con- tract Documents. 2.6.13 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owners approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive and fory:ircl to the Owner for the Owner's review and records written warranties and related documents required by the Contract I)OCUI11CnI5 and assenr bled by the Contractor. and shall issue a final Certificate for Pay- ment upon comph;III'c With th, requirements of the Contract Document, AIA DOCUMENT B141 • OU NER-ARCHITECT AGREEMENT • FOl RTF.ENTH EDITION • AlAe • c 1')S- 3 B141-1987 THE AN1ERICAN INSTITUTE OF ARCHITECTS. ]'iS NEW YORK AVENt'E. N VC , WASHINGTON. D C, _IIrNN, 2.6.15 The Architect shall interpret w_nd decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Docume:-us on written request of either the Owner or Contractor. The• Architect's response to such requests shall be made with reasonahle 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 reasr.nably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor. shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthe- tic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the execu- tion or progress of the Work as provided in the Contract Documents. 2.6.19 The Architect's decisions on claims, disputes or other matters, including those in question between the Owner and Contractor, except for those relating to aesthetic effect as pro- vided in Subparagraph 2.6.17, shall be subject to arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in .article 12. and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to com- mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Addi- tional Services are not required, the Architect shall have no obli- gation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carry- ing out such additional on -site respon<ibilities. 3.2.2 Project Representatives shall he selected. employed and directed by the Architect, and the Architect shall be axnpen- sated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the elate of this Agreement. unless otherwise agreed. 3.2.3 Through the obser-:ions by such Project Represen- tatives, the Architect shall (:'.;;eayor to provide further protec- tion for the Ow ner against cc;ccts and deficiencies in the Work. but the furnishing of suc-. project representation shall not modify the rights, responsi", :.:ties or obligations of the Architect as described elsewhere in t-a Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such rey:_:ons are: .1 inconsistent with approvals or instructions previously given by the Ow'r.tr• including revisions made neces- sary by adjustmer..; 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 decions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qual- itv, complexity, the Owner's schedule, or the method of bid- ding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data. evaluating Contractor's proposals. and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent revisions to Drawings. Speci,ications and other documentation resulting therefrom. 3.3.5 Providing consultatior, . concerning replacement of Work damaged by fire or other cause during construction, and fur- nishing services required in connection with the replacement Of such Fork 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 .hc Owner's needs and program- ming the requiremcnis of th; Project. 3.4.2 Providing financial fc . ihility or other special studio. 3.4.3 Providing planning --Ur cys, site evaluations or com- parative stuClir� of prospeciv. c siteN. AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA= • ;,)S- THE AMERICAN INSTITI'TE OF ARCHITECTS "15 NE%\YORK AVENUE. N W. WASHINGTON, 1) i 2-0q, B141-1987 4 3.4.4 Providing special surveys. environment:ul `.:dies and submissions required for approvals of go%crnmcnta: ;:_.th(xitics or others having jurisdiction over the Project 3.4.5 Providing services relative to future fac thu;:- .\ �tcros and equipment. 3.4.6 Providing services to investigate existing o,:-..:;tiom, or facilities or to make measured drawings thereof 3.4.7 Providing services to verify the accuracy of dra zings or other information furnished by the Owner. 3.4.8 Providing coordination of construction perf,vaned by separate contractors or by the Owner's own forces and coordi- nation of services required in connection With co:atruction 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, prn,�urement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or.equip- ment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings show- ing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training pers()nnel 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 fill intormation regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constntints and cri- teria, including space requirements artd rclattionshi,is. flexi- bility, expandability, special cquipmrnt. s\'stems and site requirements. 4.2 The Owncr shall cstablish and update an (n'erzl budget for the Project, including the Construction Cost ':^.e r),'ner's ether costs and reasonable contingencies related t,. all , •i these costs. 4.3 if re(Juestcd by the Architect, the Own,:. sha:: furnish evi- dence that financial arrangements have beer. mac, to fulfill the O\yner'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 physicad 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-w-ay, restrictions, easements, encroachments, zoning, deed restric- tions, boundaries and contours of the site: locations, dimen- sions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private. above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 The Owner shall furnish the services of geotechnical engi- neers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values. percolation tests, evaluations of hazardous materials, ground corrosion and resis- tivity tests, including necessary operations for anticipating sub- soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consul- tants when such services are reasonably required by the scope of the Project and are requested by the Architect. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests. inspections and reports required by law- or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how, or for what purposes the Contractor has used the money paid by or on 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 anv 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 1.1 days prior to execution. The Ovvner shall not request certifica- tions that 'Would require knowicdgc or service, beyond the scope of this Agreement. AIA DOCUMENT S141 )o)VRTEFN'1 H F11111ON • AIA'- • �14+<- 5 B141-1987 T!t! -\"! !\i {'t'rt rt. i , .\HCHI1 f Cl i, 1' i; \P;\\ YOI<K A\'I::\I Y. N \C , \\':\�I t!\(; : ON. U C 21NNK, ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or :<i- mated cost to the Owner of all elements of the Project destgr.t_d 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 proyiced for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work du.mg construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights -of -way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Con- struction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that nei- ther the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry hetween the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal. the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or rcnegotm(ing of the Projcct within a reasonable time: .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3: or .4 cooperate in revising the Projcct sco;r_ and quality as required to reduce the Construction (,,,st. 5.2.5 If the Owner chooses to proceed undo; Clause 5.2.4.4, the Architect. without additional charge, shall modik. the Con- tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation, in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies. including repro- ducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Archi- tect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compen- sation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agree- ment or breach thereof shall be subject to and decided by arbi- tration in accordance with the Construction Industry Arbitra- tion Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. 7.2 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitra- tion Association. A demand for arbitration 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 appficabIC statutes of limitations. 7.3 No arbitration arising out of or rciating to this Agreement shall include, by consolidation, joinder or in am other manner, an additional person or entity not a party to this Agreement, AIA DOCUMENT 8141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIAs - ' 1987 THE AMERICAN INST(l't'l"F. of ARt:Fill'F.c;TS. 1'i4; NEW YORK AVENUE. N.W., WASH]NGTON. D C 2(XX)6 19141-1987 6 except by written consent cor air.: g a specific reference to this Agreement signed by the O---k-ne:. Architect, and any other person Dr entity sought to 'r_ ^ )incd. Consent to arbitration involvi-.z an additional person or entity shall not constitute consen: to arbitration of anv chant. uispute or other matter in questiot: not described in the .vndten consent or with a person or entity: not named or descriDec th::ein. The foregoing agree- ment to arbitrate and other ag.— ern;mLs to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be speci5(a11y enforceable in accordance with applicable law in any court haying jurisdiction thereof. 7.4 The award rendered by the arbit_-ator or arbitrators shall be final, anal judgment may be entered upon it in accordance with applicalCie law in any court t:avi_ng i.:risdiction thereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon not less than seven days' written nonce should the other party fail substantially to perform ir. accordance with the terms of this Agreement through no fault of dl'te parr initiating the temunation. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shalt be compensated for ser- vices performed prior to not:=e of such suspension. When the Project s resumed, the Architects compensation shall be equi- tably ad-usted to provide for expenses incurred in the interrup- tion and resumption of the services. 8.3 This Agreement may be terminated by the Owner upon not less dhan seven dayswriaen no:ice 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 Arc-itect may terminate :his Agreement by giving written notice. 8.4 Fail -.ire of the Owner to rake p= •ments to the Architect in accorda-.ce with this Agreement sitaL be considered substantial nonperf.)rmance and cause fc: dcrm,_nation. 8.5 If t.`.e Owner fails to make rayrnent when due the Archi- tect for services and expenses. Ehie Architect may, upon seven days' antien notice to the Owner- stipend performance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect w,:lout 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 sen-ice_. 8.6 In Lhe event of terminati.n not the fault of the architect. the Architect shall be compensated for services performed prior to termination. together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for Basic an3 Additional Services. and include expenses which are directh- attributable to termirution. Termination Expenses shall he computed as a percentace o: the total compensation for Basic Services and Additional --en-ices earned to the time of ter- minatior.- as follows: .1 Twenty percent o` `e :()I-, compensation for $asic and Additional ea---cd to date if tcrtnination wcurs hcli>re or du :g :r1e nred,,,;j ;n. site analysis, ur �,clicnlanc Design .2 Ten percent of the total compensation for Basic and Additional Services earned to date if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date if termination occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Con- tract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall com- mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent cov- ered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, succes- sors. 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 con- sent of the other. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or expo- sure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos. asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representa- tions of the design of the Project. including photographs of the exterior and interior, among the Architects promotional and professional materials. The Architect's material; shall not include the Oxvncr's confidential ur proprictar information if they O,aner has previously advised they Architect in writing of AIA DOCUMENT B141 • O%X NEWARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA`` • Cc 19R- 7 B141-1987 THE AMERICAN IN17ITUTF OF ARCHITECTS. I'35 NEW YORK AVENUE. N W.. WASHINGTON. D.0 iKM 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 :tnd 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 statuton, employee benefits, insurance. sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensa- tion for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and con- sultants in the interest of the Project. as identified in the follow- ing Clauses. 10.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for secur- ing approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. 10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 10.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. 10.2.1.6 Expense of computer -aided design and drafting equipment time when used in connection with the Project. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made month1v and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of thiss Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- vices rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed. compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest 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 be made monthly upon presentation of the architect's statement of services ren- dered or expenses incurred. 10.6 PAYMENTS VOTHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and set -vices 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 mutualh• convenient times_ ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the architect as follows 11.1 AN INITIAL PAYMENT of Dollars (S 0 ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any_ other services included in Articl: 12 as part of Basic Services, Basic Compensation shall be computed as follows: Compensation shall be a stipulated sum of $39,880.00. AIA DOCUMENT 8141 • O\\'NER-AR(.HITik'T AGREEMENT • FOCRTEENTH EDITION • AIAz • C 19A- TIIF:.A\IF.RI(:.AN INa'1'1'1'1'TE OF AR(III'I E('-, ,. I-i:; NF.Vk PORK AVF.NI'E. N.W., WASH INGTON, D.C. 20(0) B141-1987 8 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Atsert additantal pbasev its appropriate.) Fixed Compensation: $39,880.00 Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: Total Basic Compensation: 11.3 COMPENSATION FOR ADDITIONAL SERVICES twenty percent (20 %) f if teen percent (15 %) forty percent (40 %) five percent( 5 %) twenty percent (20 %) one hundred percent (100%) 11.3.1 FOR PROIECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com- puted as follows: CATEGORY BILLING RATE CATEGORY BILLING RATE Project Manager $80.00 per hour Specification Writer $65.00 per hour Design Architect $65.00 per hour Field Inspector $45.00 per hour Design Engineer $65.00 per hour Secretary -Typist $25.00 per hour Draftsman $50.00 per hour All rates shall be inclusive of all benefits, compensation costs and expenses, unless specifically set forth to the contrary herein. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Additional Services, but excluding ser- vices of consultants, compensation shall be computed as follows: CATEGORY BILLING RATE CATEGORY BILLING RATE Project Manager $80.00 per hour Specification Writer $65.00 per hour Design Architect $65.00 per hour Field Inspector $45.00 per hour Design Engineer $65.00 per hour Secretary -Typist $25.00 per hour Draftsman $50.00 per hour All rates shall be inclusive of all benefits, compensation costs and expenses, unless specifically set forth to the contrary herein. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of ( 1, 08 ) times the amounts billed to the Architect for such services. 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of ( 1 .08 ) tunes 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 N•ithin thi rty-si x ( 36 ) months of the date hereof, through no fault of t'e Architect. extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 1 1 3.2. 11.5.2 Pavnients are due and paVahle twenty ( 20 ) days from the date of the Architect's invoice. Amounts unpaid twenty ( 20 'a) s after the in%oic'c date shall bear interest at the rate enters 1 helo , or in the absence thereof at the legal rate prevailing from tirr. to time at the principal place of business of the Architect l C.,urr lau:, arrtl regn:rernertts under tht, Federal l r;tth Dr Lendah Act, a. ^:rlar start• (Ind 6u al ,,•r r , cdt: 1,.tvs and ulber rel;tr/ation, it,, the uu r:. r are Lt r,bt Im i ;, prinetpai phi, c, q hupu;,•::, !hr• /r,ratrrm of :he /,rnit,ct ettid elset, r .,rr net) affrU Ih r rirr/rlt ;,/ tlrr, /n r,r tston..lpectftr legal adt r, e shutdd a tlb respect to delerr„n, •,r rn,alrJnaJ;,m:. and uh„ retirtr,1mg rrytart•rnrn7. :.ch it, un7fetr th,rh—anr •,, ❑rut ,,, ) 9 8141-1987 AIA DOCUMENT B141 - OWNER ARC11ITECT AGREEMENT • FOURTEENTH EDITION • ,.IA*, t�R 1'Hli ANIFRICAN IN>TITCTE OF ARCHITFCT�. 1-35 NEC YORK AVENUE, N W.. WASHINGT: tN, D C 0IKK, 11.5.3 The rates and multiples set forth for Additional Services shall he annually adjusted in accordance with normal salary revicw prac::_es of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES 12.1 The provisions of this Agreement supersede all preliminary proposals and agreements. 12.2 The provisions of the Contract which have been deleted shall not be considered a part of the Contract for any purpose. 12.3 Architect shall file with Owner a Certificate of Professional Liability Insurance with minimum limits of $1,000,000.00 for each occurrence and $500,000.00 per claim in the aggregate. 12.4 This Agreement is performable in Lubbock, Lubbock County, Texas where venue for all actions shall lie and it shall be construed according to the law of Texas. 12.5 Architect will strive to conduct services under this agreement in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in Lubbock County under similar conditions. 12.6 Any taxes or fees, enacted by local, state or federal government subsequent to the date of this contract, and based on gross receipts or revenues will be added to amounts due under this contract, in accordance with any such fees or taxes. 12.7 Basic services will include services described in paragraphs 3.4.1, 3.4.6, 3.4.16. 12.8 Reimbursable expenses shall not include those described in paragraph 10.2.1.2. 12.9 Owner's responsibilities shall not include providing geotechnical tests to determine the soil bearing values as called for in paragraph 4.6. 12.10 Add the following sentence to paragraph 4.6.1: BGR will obtain and pay for the services of Animal Shelter Consultant Lawrence Connolly, AIA. 12.11 The Owner shall appoint a representative who shall be empowered to act for the Owner in all matters pertaining to this contract. This representative will be Dr. Charles Overstreet. The Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, Suite 107, Austin, Texas 78758, telephone (512) 458-1363, has jurisdiction over individuals licensed under the Architects' Registration Law, Texas Civil Statutes, Article 249a. This Agreement entered into as of the day and rear first written above. David R. Langston, Mayor ARCHITECT BGR ARCHITECT NEE INC. jffila4e) . k , � Frank E. Wilson, Jr., President (Prin:xl name and title) (Printed ,tame and title) AIA DOCUMENT 8141 - OWNER -ARCHITECT AGREEMENT - FOt'RTEE\-rH EDITION - AIA° - ©1987 THE A-MERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. W., WASHINGTON. D.C. 20006 B141-1987 10 ATTEST: Betty M. fo6son, Cit ecretary APPROVED AS TO FORM: G. Vandiver, First Assistant City APPROVED AS TO CONTENT: Dr. C. . Overstreet, DVM, Animal Control Supervisor EXHIBIT "A" Page 1 of 3 Office of Purchasing City of Lubbock P.O. Box 2000 Lubbock, Texas 794E7 BOE-767-2167 REQUEST FOR PROPOSALS RFP 912783 The City of Lubbock is soliciting proposals for: ARCHITECT AND/OR ENGINEERING SERVICES FOR CITY OF LUBBOCK ANIMAL SHELTER RENOVATION AND EXPANSION Any correspondence, questions, or requests for copies of the Request for Proposals should be directed to the City of Lubbock, Texas, Ron Shuffield, Senior Buyer. Proposals will be received in the Office of the Purchasing Manager, Municipal Building., 1625 13th Street, Room L-04, Lubbock, TX 79401 until 2:00 o'clock p.m. on the 30th day of December, 1993. CITY OF LUBBOCK Senior Buyer EXHIBIT "A" Page 2 of 3 REQUEST FOR ARCHITECT AND/OR ENGINEERING PROPOSAL FOR CITY OF LUBBOCK ANIMAL SHELTER RENOVATION AND EXPANSION The City of Lubbock is requesting proposals for Architectural and/or Engineering Firms for City of Lubbock Animal Shelter Renovation and Expansion. Interested firms should submit proposals to Ron Shuffield, Senior Buyer, City of Lubbock, Room L-04, Municipal Building, 1625 13th Street, Lubbock, Texas 79401. Scone of Work: The Architect and/or Engineer, hired for the job, will prepare plans and specifications for the construction, remodeling and/or alterations of City of Lubbock Animal Shelter Renovation and Expansion. If requested, the Architect and/or Engineer will inspect the work by contractors to assure that the builder is following the plans and make sure proper test are conducted during construction. Also, work with representatives of various City of Lubbock Departments. RESPONSE TO THE REQUEST PROPOSALS: At a minimum, responses to this request for proposal should include a response to each of the following items: 1. A brochure or written record of past work. 2. List of principals of the firm. List of consultants and engineers used. 4. Complete resumes and organizational charts. 5. List five reference and telephone numbers of completed projects. 6. The :architect and/or Engineer must assure the City that he will be cognizant of, comply with, and enforce, where applicable and to the extent required, all applicable federal or state statutes and local ordinances including, but not limited to the Davis -Bacon Federal minimum wage requirements. EXHIBIT "A" Page 3 of 3 7. Assurance that the Architect and/or Engineer will work with City representatives concerning functional input during design and construction phases. 8. Proof of Architectural professional liability insurance is required. 9. If requested, the selected firm will famish the owner with one set of reproducible drawing of the project "as built", and these plans will become the sole property of the owner. 10. Describe the firm's methodology for handling errors and omissions. 11. Assurance that the architect and/or engineer is familiar with all local, state and federal regulations regarding the "Americans with Disabilities Act of 1990". Additional Details: 1. Experience has shown that renovations and expansions must begin below the wound level in the kennel drainage system and work through the animal holding and administrative areas. This innovative system will move the present structure from an OPEN MANAGEMENT SYSTEM to a CLOSED MANAGEMENT SYSTEM. Attention will be brought to drainage and floor surface, air flow, air exchange rate, and ventilation, temperature and humidity, sound MANAGEMENT, lighting, disease control, confinement standards, rabies quarantine, and sanitation, and flow of animals and people through the facility and administrative areas. 2. Design may also include the following: Night Drop for live or dead animals Walt: in Dip Vat with fence enclosure Enclosed Unloading Area Divided or Sectioned Areas for each day Sewage Flush S;s�em Heated Floors In -LINE Chlorination Reptile Room Exotic Animal Area Petting Zoo Large Animal Unloading Ramp Walk in Cooler ER INS '..:40L'itF+:?vQ?kC:}is�wvt-:<+:ri?r:ii}}:w':}}}}:{+'/.^}}.'}:•i}:ihisi•:•:J%•}:i?r::•:t}::.:::J}.:?:: ?:.i. ......?:.:.. .+. .::. �,.t' PRODUCER 12/27/93 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION J. E. Murfee & Son ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1310 Texas Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY Lubbock, Tx 79401 A Victor O Schinnerer INSURE COMPANY BGR Architects -Engineers B COMPANY 2118 3 4 t h St Lubbock, TX 79411 C COMPANY D ............. S:.-.-.. L.S. r:a-�.?}�i�::\?:•,,:{.}y-.ynh+:+:?.:i::: :;:f%•:};i:?•i.::. na... ::.: ... . ... .. .... ...... .. ..... .n\.. ....... ... .}�'.•. Te3S IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD DOCATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS C—=TnFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, DMLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE LTR POLICY NUMBER POLICY EFFECTIVE DATE (MM/DONY) POLICY EXPIRATION DATE (MM/DDNY) LIMITS GENERAL UABILITY GENERAL AGGREGA- is COMMEFICIAL GENERAL LWBILITY PRODUCTS - COMPIOP AGG ( S CLAIMS MADE OCCUR PERSONAL 8 ADV INJ n'Y Is I OWNERS & CONTRACTOR'S PROT EACH OCCURRENCE Is FIRE DAMAGE (Any ore -.re) j S MED EXP (Any one peson) • S WMMOSILE LIABILITY ANY AUTO COMBINED SING_ L%I i t S BODILY INJURY (Per person) is i ALL OWNED AUTOS SCHEDULED AUTOS ! I BODILY INJURY ' S (Per accident) HIRED AUTOS NON -OWNED AUTOS i PROPERTY DAMAGE S t GARAGE LIABILITY AUTO ONLY - EA ACCIDENT I S i ANY AUTO I OTHER THAN AUTO O •_Y: - I EACH ACCC_NT E S '-� AGGRr1.TE ': s EI CESS LIABILITY EACH OCCURr�cNC= is AGGREGATE S UMBRELLA FORM i is OTHER THAN UMBRELLA FORM � WORKERS COMPENSATION AND J STATUTORY UM7S __........ _ ........- - EMPLOYERS' LIABILITY # PROPRIETOR/ =1rTTNERS/ ECUTIVE INCL I III I EACH ACCIDENT Is DISEASE -POLICY LIMA S DISEASE - EACH EN.?..^YEE ' S SFICERS ARE: EXCL CTHER A Professional AAE004312981 107/12/93 07/12/94 Per Claim $1,000,000 :Liability i Aggregate $1,000,000 Incl Claims Expenses DESORPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CfTtFICA H4:flEH ..:.. ;? CANCELLATION . ; ..:.:.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Lubbock EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL P.O. BOX 2000 0 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Lubbock, TX 79457 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND YPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Q. v: x.+, r .:;.:: v.?':rn}Y:'•i)F ir:3:: r{.}:i??'r:%i:>}::?•T}}:>}:">T::>':$:-:t:i: AUTHORIZED REPRE NTA : ::::::.,::::.;:.:_: v.....:.::::.�:.:-::4:v}}::•:..v .:.......:.:::: v.+..:..:........ -