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HomeMy WebLinkAboutResolution - 4507 - Agreement - MWM Architects Inc - 2 Branch Library Designs - 05_26_1994Resolution No. 4507 May 26, 1994 Item #20 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement, attached herewith, by and between the City of Lubbock and MWM Architects, Inc., 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 ATTEST: Betty IA. Johnson, ity Secretary APPROVED AS TO CONTENT: t Rippel, brary Director APPROVED AS TO FORM: DyoPA&d G. Vandiver, First Assistant City Attorney ncv:aa/ccdoc&%rWMARCHT.rcs March 3, 1994 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 Docunuml B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCU/411:NT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION IV/771 AN ATTORNEY /S hNCOURAGFD WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the Nineteen Hundred and BETWEEN the Owner: (Name and adtbrss) and the Architect: (Xilnle and adelress) For the following Project: day of Ninety-four City of Lubbock County of Lubbock State of Texas MWM Architects, Inc. 2574 74th, Suite 201 Lubbock, Texas 79423 in the year of (/rtclrnde deladed descril)lion of I'rojkv, 1(weltion, address and scolx.) Two 11,150 Square Foot (each) Branch Libraries of identical design (except for site development) to be located at a Northeast site (a 3-acre site located at the Southwest corner of Parkway Drive and Walnut Avenue) and a Northwest site (a 3.7424-acre site located at the Northwest corner of 19th street and Chicago Avenue). The Owner and Architect agree as set forth below. Copyright 1917, 1926. 1948, 1951, 1953. 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, ©1987 by 1'he American Institute of Architects, 17i5 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 Statcs and will be subject to legal prosecution. AIA DOCUMENT 10141 • OWNER-ARCHITI.'CT AGREEMENT • FOURTEENTH EDITION • AIA• • G1987 THE. AMERICAN INSTITUTE OF ARCIIITF.CTS, 1735 NEW YORK AVENUE, N.W., WASIIINGTON, D.C. 20006 E11 41-1987 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants -.is enumerated in Articles 2 and 3 of this Agreement arid an), other services included in Article 12. 1.1.2 The Architect's services shall he performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner sha11 not, except for re:txmable cause, be exceeded by the Architect or Owner. 1.1.3 .The services covered by this Agreement are subject to the time limitations contained in Subparagraph 1 1.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal struc- tural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule :uul construction budget requirements, each in terms of the other, subject to the limita- tions set firth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Docu- ments consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the progrun, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development D ocumcnts consisting of drawings and other documents to tix and describe the size and character of the Project :Is to architectural, struc- tural, mechanical and electrical systems, materials arid such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of :try adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Ikxv- ments and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifica- tions setting forth in detail the requirements for the construc- tion of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- tions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 Tile Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE —ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work, unless extended under the terms of Subparagraph 1 o.3.3. 2.6.2 The Architect shall provide administration of the Con- tract for Construction :is 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 he restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not he unreasonably withheld. ALA DOCUMENT 6141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTII EDITION • AIA°' • ©1987 1 HE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2(Xx)6 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 [luring 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 a5 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- d.uice 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 exlensivu site representalion may be agreed to as apt Additional Service, as described in Partigrapb 3.2.) 2.6.6 The Architect shall not have control over or charge of and shall not he responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accor- dance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contrac- tor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been spe- cially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Archi- tect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall consti- tute a representation to the Owner, batted 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 issuautce of a Certificate for Payment shall not lit a representation that the Architect has (1) made exhaus- tive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, meth- ods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material sup- pliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Tkx:u- 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 Architect's professional judgment to permit adequate review. Review of such submittals is not con- ducted for the purpose of determining the accuracy and com- pleteness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, ntetliods, techniques, Sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equip- ment will meet the performance criteria required by the Con- tract Documents. 2.6.13 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or am extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract Documents and assem- bled by the Contractor, and shall issue a final Certificate for Pay- ment upon - :,ntplia nce with the requirements of the Contract Documents. AIA DOCUMENT 8141 • OWNER-ARCIIITE, : 1.11REEMENT • FOURTEENTH EDITION • ALAS • ©1987 3 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECT 5 NEW PORK AVENUE, N.W., WASHINGTON, D C. 2W06 2.6.15 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthe- tic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the execu- tion or progress of the Work as provided in the Contract Documents. 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 Tile 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 he 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 responsibilities. 3.2.2 Project Representatives shall he selected, employed and directed by the Architect, and the Architect shall be compen- sated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document 11352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide further protec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions arc: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made neces- sary by adjustments in the Owner's program or Proj- ect budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's fail- ure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qual- ity, complexity, the Owner's schedule, or the method of bid- ding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and fur- nishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of Claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotia- tion or construction prior to the completion of the Construc- tion Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and program- ming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or com- parative studies of prospective sites. AIA DOCUMENT 6141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA* • ©1987 THE AMERICAN INSTITUTE OF ARCHITECT'S, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200o6 B141-1987 4 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other infonualion furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordi- nation of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a con- struction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equip- ment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing 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, preparatiun of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of •a final Cer- tificate for Payment, more than 60 clays after the date of Sub- stantial Completion of the Work. 3.4.19 Providing services of consultants for other than archi- tectural, structural, mechanical and electrical engineering por- tions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide - full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and cri- teria, including space requirements and relationships, flcxi- hility, expandability, special equipment, systems and site requirements. 4.2 The Owner shall establish and upcLte am overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies rclmcd to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evi- dence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a n•presentauive authorized to act on the Owner's behalf with it ,pect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to d,wuments submitted by the Architect in order to avoid unrea,,..nable delay in the orderly and sequential pro press of the Arci.;.cct's services. *through The Architect's Services 4.5 The Owner shall furnish*sui('eys describing physical characteristics, legal limitations ar ' . tility locations for the site of the Project, and a written Icg.1 Icscription of the site. The surveys and legal information slr.tll include, as applicable, grades and lines of streets, allcy�, pavements and adjoining property and structures; adjacct:i drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restric- tions, boundaries and contours of the site; locations, dimen- sions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both pul;t;c and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. *through the Architect's Services 4.6 The Owner shall furnish*thc services of geotechnical engi- neers when such services ire requi.;led by file Architect. Such services may include but are not limited to test horings, 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 1>y the scolw of the Project and are requested by the Architect. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests Gu 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 Icgal, accounting and insurance counseling services as may he necessary at any time for the Project, including auditing services the Owner nlay 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 oil behalf of the Owner. *4.6.1.4.7 and 4.8 4.9 The services, information, surveys and reports required by Paragraphs * shall be furnished at the Owner's expense, and the Architect sh.Jl he entitled to rely upon the accuracy and completeness ffa xof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least lti clays prior to execution. The Owner shall not request certifica- tions that would require knowledge or services beyond the scope of this Agreement. AIA DOCUMENT B141 • OWNER-ARCifll'I?C"I' A(,REEAIENT • FOURl'EENTH EDITION • AIAO • 01987 5 B141-1987 TIIt- AAII NICAN INSTITUTE OF ARCHITEC'rs, 1735 NEW YORK AVENUE, N.W., WASHINGI'oN, D.C. 21AN16 ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does nol-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 hest 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. Mixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5 2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is aba-doncd, terminate in accordance ith Paragraph 8.3, or .4 cooperate in rcvisini, the Project scope and quality :is required to reduce :Ile Construction Cost. 5.2.5 If the Owner choose, to proceed under Clause 5.2.-1.4, the Architect, without additional charge, shall modify the Con- tract Documents as necessary to comply with the fixed limit, if establishcLl as a condition oI his Agreement. The modification of Conn:ict Documents shalt he the limit of the Architect's responsihility arising; out of 'lie establishment of a fixed limit. The Architect shall be entitle,' to compensation in accordance with this agreement for all s. , viccs performed whether or not the Construction Phase is ct.:.unenced. ART .,_ LE 6 USE OF ARCHITL. "T'S DRAWINGS, SPECIFICATIONS AW OTHER DOCUMENTS 6.1 The Drawings, Specific.,,. ns and other documents pre- pared by the Architect for th Project are instruments of the Architect's service for use so;. ly with respect to this Project and, unless otherwise proyidco. the Architect shall be deemed the author of these document, d shall retain all common law, statutory and other reserved ,his, including the copyright. The Owner shall be permitic,' iclain copies, including repro- ducible copies, of the Archite. ; Drawings, Specifications and other documents for informal. in and reference in connection with the Owner's use and occt ; .ncy of the Project. The Archi- tect's Drawings, Specification,, .: ether documents shall not he used by the Owner or others � ,. :,ther projects, for additions to this Project or for completion (,t this Project by others, unless the Architect is adjudged 10 I)C :. JCEILIII under this Agreement, except by agreement in writing.,, .and with appropriate compen- sation to the Architect. 6.2 Submission or distribution ,f documents to meet official regulatory requirements or fur . niilar purposes in connection with the Project is not to be con :rued as publication in deroga- tion of the Architect's reser\c,. rights. ART' LE 7 ARBI1 <,TION 7.1 Claims, disputes or other i.. titers in question between the parties to this Agreement ari,i: , k Aut of or relating to this Agree- ment or breach thereof shall i+, ,ul,ject to and decided by arbi- tration in accordance with th Construction Industry Arbitra- tion Rules of the American :::;..:ration Association currently in effect unless the parties nuuu_ iy agree otherwise. 7.2 Demand for arbitration; r.;.all be filed in writing with the other party to this Agreemcr:.:rid with the American Arbitra- tion Association. A demand f, Nitration shall be made within a reasonable tine after the : I 'm, dispute or other matter in question has arisen. In no eye a ,tall the demand for arbitration be made after the date wh, JI.Stitl.16011 of legal or equitable proceedings based on such '„inl, dispute or other matter in question would be barred h� applicable statutes of limitations. 7.3 No arbitration arising out .;F or relating to this Agreement shall include, by consolidatio, i, joinder or in any other manner, an additional person or entii;• : tot a party to this Agreement, ALA DOCUMENT B141 - OWNER-ARCBITECT AGREEMENT - FOURTEENTH EDITION - AIA• - ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20(" 8141-1987 6 except by written consent containing a specific reference to thb; Agreement signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agree- ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 7.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable 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 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 ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equi- tably adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suslxnsion shall take effect without farther notice. In the event Of a suslxnsion 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 clue and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. Termination Expenses shall be computed as a percentage of the total compensation for Basic Services and Additional Services earned to the time of ter- mination, as follows: .1 Tss cnty percent of the total compensation for Basic and Aciclitiona l Services earned to (.Late if termination occurs before or during the predesign, site analysis, or Schematic Design Phases; or .2 Ten percent of the total compensation for Basic and Additional Services earned to (late 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 (luring 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 lbaftmcacomalim except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A20I, 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, hind 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 Architects 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 usbc:sun, 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; file Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner hats previously advised the Architect in writing of AIA DOCUMENT B141 • 11Vt'NF.R-ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA• • 01910 7 B141-1987 TI11. AMERICAN IN5T 1 i i ; OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D.C. 20(9)6 the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- motional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expcnsc 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 custunlary con- tributions and benefits related thereto, such as cnlplOynlcnt taxes and other statutory employee benefits, insurance, sick Ic:n•e, 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 Projcct; 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 dOCU111e11Is. 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 rcn(Icrulgs, models and mock-ups requested by the Owner. 10.2.1.5 Expense Of additional insurance coverage or limits, including professional liability insurance, requeste( by tale Owner in excess of that normally carried by the Architect and Architect's consultants. 10.2.1.6 Expense of computer-:ai(Ied design and (crafting equipment time when used in connection with the Project. 10.3 PAYMENTS ON ACCOUtJ OF BASIC SERVICES 10.3.1 An initial payment as sct ft rah in 1ar:igraph 11.1 is the minimum payment under this Ahnrnlent. 10.3.2 Subsequent payments for Pasic Services shall be made monthly and, where applical,l, , s! :all he in proportion to ser- vices performed within earl: ia:e•:: of service, on the basis set forth in Subparagraph 1 I .Z.' 10.3.3 If and to the extent that the tinge initi:alh- established in Subparagraph 1 1.5.1 of this A};+cement is exceeded or extended through no fault of the Archiw(.t, cunlpcnsation for any ser- vices rendered during the additional period of time shall be computed in the manner sc•t forth in Subparagraph 11.3.2. 10.3.4 When conlpcnsaticin is based on a percentage of Con- struction Cost and any portions of the Projcct 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, h.ased un (1) the lowest hona fide bid or tlegotiatcd proposal, or (2) it no such hid or proposal is received, the most recent preliminary estimate of Construction Cost or (letailcd cstinlate of ('onsn-uctiOn COst for such por- tions of the Projcct. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Paynlents On account of the Architect's Additional Services and for Reimbursable Expcnscs shall be made monthly upon presentation of the Architect's statement Of services ren- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall he 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 fOLIJld to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable lxpenses and expenses per- taining to AdditiO1131 Services and services performed On the basis Of a multiple Of Direct I'crsonnel Expense shall be avail- able to the O\viler or the O%%'11('r'J :authorized representative at mutually convenient tinges. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect :as follows: 11.1 AN INITIAL PAYk1ENT of zero Dollars (f 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 13ASIC 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: (lruerl Isrlsts of iompeusnlion, ill( udiug stipulated sums, multiples or percentages, and idenu%1' pbases to u•birb purluldor methods (I to))iJwvlsultoll apply. if Compensatign-for the Architect's Basic Services shall be Seventy-eight Thousand, Nine Hundred Dollars ($78,900.00) plus Reimbursable Expenses. AIA DOCUMENT 8141 • OWNF.R•ARCIIITFCT AGREEMENT • FOURTEENTH EDITION • AIA• • 19)19H7 TIIE A161EHICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141.1987 8 11.2.2 Where compensation is based on a Stipulated Sum or percent -age of Construction Cost, progress payments for Basic Services ill each ph.uc S11.111 total the following 1)erccnlagcs of the total basic Compensation payable: film"I url,litiunal loba..es as uppr„ priatr l Schenlmic Design Phase: Iksign Ikvclopn)ent I'hase: Construction Documents Phase: Bidding or Negotiation Phase: Conslrt►oion Phase: Tolal li,csic Compensation: 11.3 COMPENSATION FOR ADDITIONAL SERVICES fifteen percent( 15'�) twenty percent ( 20 forty percent (40'Y,,) f ive percent ( 5 %) twenty percent( 201yr) one hundred i �crcent (1 UO%) 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC: SIAW10iS, as described in Paragraph 3?, compensation shall Iw cum- puted as follows: Hourly rates plus reimbursable expenses as follo%. :3 : Principal Architect Intern Architect Draftsperson Interior Designer Clerical $ 70.00/hr a $ 60.00/hr $ 50.00/hr $ 40.00/hr C $ 50.00/hr C $ 30.00/hr 11.3.2 FOR AIANTIONAI. SERVICES 01' 7•111: ARCHITECT, :IS described in Articles 3 and 12, other than (1) Additional Project Rcprc.scmation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Additional Services, but excluding ser- vices (it cun.sohants, conycrlsalion shall he computed .s follows: (Irtwrl Ih(v. / (n+npr•nuilin)I. int hiding rates andhn• multiple. (f Direct 114•1-suru+e/ Expense jur Primipt+ls amf enrphgeei, and ulenlify Principals artd classify enrp/alit•., if ret/(itle'l. ldenfl/I' >/u•qJn serri'v; it, +rl,itb pit rlitWar +netbuds n/ cn+n/knsahint app/t., q limesstayj Hourly rates plus reimbursable expenses as follows: Principal @ $ 70.00/hr Architect C $ 60.00/hr Intern Architect @ $ 50.00/hr Draftsperson Oa $ 40.00/hr Interior Designer ®R $ 50.00/hr Clerical ®R $ 30.00/hr 11.3.3 FOR ADDITOONAI. SERVICES OP CONSUIXANTS, including additional structural, mechanical and electrical engineering Wl ViceS and those prot•iciecl under Subparagraph 3.4.19 or identiflal in Article 12 as part of Additional Services, a multiple of One and three -ten (1.3 )'imes the amounts billed to the Architect for such services. th/ralij..r s/n•t ipr /t/xs (f ("fawdttunc lit .)title /_', i/ rrtfuired ) 11.4 REIMBURSABLE EXPENSES 11.4.1 No At It IAMBURSA III.I: EXPENSES, -.is described in Paragraph 10.2, and any other itenis included in Article I2 as Reimbursable Expenses, a nitiltiplc of one (1.0 ) tinics 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 ll TIM. BASIC: SERVICES covered by this Agreement have not been completed within twentv-six ( 26 ) months of the (late hereof, through no fault of the Architect, extension of the Architect's services Ileyond that tinie shall be conipensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are clue and payable ten ( 10 ) days fern► the date of the Architect's invoice. Amounts unpaid ten ( 10 ) (lays after the invoice (Ime shall hear interest at the rate entered below, ur in the ahsence thereofat the legal rate prevailing from tinic to time at the principal place of business of the Architect. !burr! rare r f intereu agrees/ tgxm.) ll !.ury floor, and requirements under the Federal 1 i'ulh sot !.ruling slit, shnilur sfule aur!!as'a! c'ur+sumrr rrer/i! fairs and ether rtAul,ttiun. (it the ( hrrter % lain Artbr I,%/ ' pan, g,al plates of husiness, IlIV hxtninn .)I the I •n,jec( and a/sell bot• ut:r, a/fit( the validill• (/ this prin itiun..1pe. tifir lex l adt�ur sl,t �.,!d Ile uh(atnrd a III) re./at( to delelan+S (or +r1(Nlglrnli(n+s, and al.>) rr�ardirtq reguirem nts slab a% t+•ritlm disc/ust+res or trai+'eri.) AIA DOCUMENT 8141 • OWNER-AHCHITH".1' A(;RHNII:Nf • FOUR"I'EE.N'1'II EI)11 i0N AlAIA• • 01987 9 B141-1987 TI It: AMERICAN INSTITUTE OF ARCUITECTS. 1735 NEW YOHK AVENUE, N.W., 1WAa IIN(; roN, D.C. 2uou6 • 11.5.3 The r tea 2hd nullipfc.. sc1 furlh fur Addlilunal Services shill hC 21%nu:llly :jdjw.i- i In :u rw�Lu►rr N iili nurm�l s�hry rrvia ►v IIf��UiCa of IIICIArCllileCl. ARTICLE 12 OTHER CONDITIONS OR SERVICES /rr•.r stfuUw Arwr1. W. hi.Awb•./1r+Ib,r/ A.". J;m gftiu.Niw/.faJ &.0m, 12.1 The designate Owner's Representative described in Paraljraph 4.4 shall be Mr. Jeff Rippel. 12.2 The Owner shall be solely responsible for the discovery, documentation and removal of any and all hazardous materials anal storage tanks from the Project Site(s). 12.3 The Owner shall be solely responsible for the "Platting" or "Replatting" survey for the Project Site(s). 12.4 The Owner shall be solely responsible for the De Agn, Planning, Specifications, Bidding and Construction Phase Work for all landscaping and site sprinkler system(s). 12.5 The Owner shall be solely responsible for the design, planning,-:pecifications, bidding and installation of all Library furniture. 12.6 The Owner shall be solely responsible for the design, planning, specifications, bidding and construction necessary fur the extension of all site utilities to the site for the Northeast Branch Library. 12.7 The Owner shall be solely responsible for design, planning, specifications, bidding and construction phase work necessary for the proposed frontage road & widening of Walnut Ave. to the Northeast Branch Library's site. 12.8 The Architect's Basic Services fee is based upon the creation of one building design that will be utilized for the construction of two Branch Libraries. Should the Owner request the Architect to modify the building's exterior design, except for different material colors to be incorporated into the same design, then the Architect's Basic Services Fee shall be increased by Thirteen Thousand, Two Hundred, Fifty Dollars ($13,250.00) for redesign time. If minor interior changes are required after the scope is determined, and with prior approval of the City of the estimated time for this work, the hourly rates previously quoted will be used for this additional work. 12.9 Should the Owner succeed in their procurement of their [A brary Services Construction Act (LSCA) Grant and if this grant or a portion thereof is utilized for an increased scope of the project, then the Architect shall increase the Basic Services Fee by Six (6) percent of the amount that was utilized to increase the Project's scope. 12.10 The hourly rates included in subsection 11.3.2 shall be utilized to cover the Architect's coordination time with the City's landscape designer, library furniture consultant and/or any other outside consultant utilized by the Owner for the Project(s); except the first two meetings with these consultants will be included under Basic Services. ALA OOC U IT 5141 • OWNIA-ARCHITICT AGAI MENr • 1OUMTIMT11 LOITION • AIA• • 019e7 I IM &HtrICAN 1KMT1n'C Of AtC111TI TS, 173% NEW YOMK AVENUE. N.W., WASIIWGTON, D.C.20UW B 141.19E 7 10 12.11 The Survey and Geotechnical Services are being provided by the Architect only as a convenience for the Owner and as such the Architect shall be entitled to rely on the accuracy and completeness thereof as if supplied by the Owner directly to the Architect. 12.12 The Texas Board of Architectural Examiners, 8213 Shoal Creek Blvd., #107, Austin, Texas 78758; 512-458-1363; has jurisdiction over individuals licensed under Article 249a, Vernon's Texas Civil Statutes; Regulation of the Practice of Architecture. 12.13 The following Additional Services shall be part of the Architect's Services, but are above and beyond the Basic Services Scope and Fee; (The following services are subject to Subsection 11.3.3) a) Perimeter, topographic and improvement survey of the entire site to include existing utilities to the centerline of existing streets ................ $3,200.00 b) Geotechnical Engineering Services (4 - 20ft. borings) .........................................$3,320.00 Pavement recommendations shall be supplied by the Owner 12.14 If requested by the Owner in writing, the Architect shall provide "platting" of the two sites for an additional $2,800.00 plus markup for coordination time as per Subsection 11.3.3 ATTEST: APPROVED AS TO CONTENT: APPROVED AS TO FORM: r ac bentohns n J f fl Ri pel 1 6F Don Vandive>< City Secretary D ctor of Libr ries FirstAssistant City Attorney Agreement entered Into as of the clay and year first written above. David R. Langston - Mayor of Lubbock pnj&W suww aml 81W) ARCHITECT (Slg�u/IuitJ Jeff Whitaker, Vice Pres. - MWM Arn itacts, Inc. (Nr/a/ad malle 111161 U110) ALA D01x MIXT $141 • OWHIA-ANCIIITECT AGREEMENT • FOURTEENTII EDITION • AIA• • 019S7 111E A► IRICAN INSTITUTE Of ARCI IITECTS. 1731 NL•' W YOU AVENUE, N.W., WASIIINCTON. D.C.100W e 141-1987 It