HomeMy WebLinkAboutResolution - 092878G - Agreement - Roberts-Johnson, Stiles & Stiles JV - Fire Station, 79Th & Slide Rd - 09_28_1978KJ:hw
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
Architect Agreement between the City and Roberts -Johnson and Stiles &
Stiles, a Joint Venture, attached herewith which shall be spread upon
the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 28thday of September , 1978.
�..
DIRK WEST, MAYOR
ATTEST:
E e yn Gaf,fga, City Secr t y- xeasurer
APPROVED AS TO FORM:
J n C. Ross, Jr., City Attorney
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document B149
Standard Form. of Agreement Between
Owner and Architect
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
AGREEMENT
made this 28th day of September in the year of Nineteen
Hundred and Seventy-eight
BETWEEN the Owner: The City of Lubbock, - Texas
and the Architect: Roberts -Johnson and Stiles Stiles, A Joint Venture
For the following Project: Construction of a Fire Station at 79th and Slide Road
(Include detailed description of Project location and scope)
The Owner and the Architect agree as set forth below.
AIA DOCUMENT 8141 - OWNER -ARCHITECT AGREEMENT • JANUARY 1974 EDITION • AIA® • 01974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 7
FIXED FEE
I. THE ARCHITECT shall provide professional services for the Project in accordance with the Terms
and Conditions of this Agreement.
II. THE OWNER shall compensate the Architect, in accordance with the Terms and Conditions of this
Agreement.
A. FOR BASIC SERVICES, as described in Paragraph 1.1, Basic Compensation shall be computed
on the basis of a FIXED FEE
$eventeen thousand six hundred forty dollars ($ 17 ,640.00
B. FOR ADDITIONAL SERVICES, as described in Paragraph 1.3, compensation computed as follows:
F"r.I er+Fw;pi;;f this :a;eQMQnt, thQ 124rlciF aib ;rep
( times the employees' Direct Personnel Exp��ed in Arti
3. Services of professiona nts at a multiple of
( ) times the amount bi a ect for such services.
. AN INITIAL PAY
dollars
D. FOR REIMBURSABLE EXPENSES, amounts expended as defined in Article 5.
III. THE OWNER AND ARCHITECT agree in accordance with the Terms and Conditions of this Agree-
ment that:
A. IF SCOPE of the Project is changed materially, compensation shall be the subject to renegotia-
tion.
B. IF THE SERVICES covered by this Agreement have not been completed within
( ) months of the date hereof, the amounts of
compensation, rates and multiples set forth in Paragraph II shall be subject to renegotiation.
AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • JANUARY 1974 EDITION • AIA) • 01974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 2
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S SERVICES
1.1 BASK SERVICES
The Architect's Basic Services consist of the five
phases described below and include normal struc-
tural, mechanical and electrical engineering services
and any other services included in Article 14 as
Basic Services.
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished
by the Owner to ascertain the requirements of the Project
and shall confirm such requirements to the Owner.
1.1.2 Based on the mutually agreed upon program, the
Architect shall prepare Schematic Design Studies consist-
ing .of drawings and other documents illustrating the
scale and relationship of Project components for ap-
proval by the Owner.
1.1.3 The Architect shall submit to the Owner a State-
ment of Probable Construction Cost based on current
area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved
Schematic Design Studies, for approval by the Owner, the
Design Development Documents consisting of drawings
and other documents to fix and describe the. size and
character of the entire Project as to structural, mechani-
cal and electrical systems, materials and such other essen-
tials as may be appropriate.
1.1.5 The Architect shall submit to the Owner a further
Statement of Probable Construction Cost. -
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall ' prepare from the approved
Design Development Documents, for approval by the
Owner, Drawings and Specifications setting forth in
detail the requirements for the construction of the entire
Project including the necessary bidding information, and
shall assist in the preparation of bidding forms, the Con-
ditions of the Contract, and the form of Agreement
between the Owner and the Contractor.
1.1.7 The Architect shall advise the Owner of any
adjustments to previous Statements of Probable Con-
struction Cost indicated by changes in requirements or
general market conditions.
1.1.8 The Architect shall assist the Owner in filing the
required documents for the approval of governmental
authorities having jurisdiction over the Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of
the Construction Documents and of the latest Statement
of Probable Construction Cost, shall assist the Owner in
obtaining bids or negotiated proposals, and in awarding
and preparing construction contracts.
CONSTRUCTION PHASE -ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the
award of the Construction Contract and will terminate
when the final Certificate for Payment is issued to the
Owner.
1.1.11 ' The Architect shall provide Administration of the
Construction Contract as set forth in AIA' Document
A201, General Conditions of the Contract for Construc-
tion, and the extent of his duties and responsibilities and
the limitations of his authority as assigned thereunder
shall not be modified without his written consent.
1.1.12 The Architect, as the representative of the Owner
during the Construction Phase, shall advise and consult
with the Owner and all of the Owner's instructions to
the Contractor shall be issued through the Architect. The
Architect shall have authority to act on behalf of the
Owner to the extent provided in the General Conditions
unless otherwise modified in writing.
1.1.13 The Architect shall at all times have access to
the Work wherever it is in preparation or progress.
1.1.14 The Architect shall make periodic visits to the
site .to familiarize himself generally with the progress and
quality of the Work and to determine in general if the
Work is proceeding in accordance with the Contract
Documents. On the basis of his on -site observations as
an architect, he shall endeavor to guard the Owner
against defects and deficiencies in the Work of the Con-
tractor. ' The Architect shall not be required to make
exhaustive or continuous on -site inspections to check the
quality or quantity of the Work. The Architect shall not
be responsible for construction means, methods, tech-
niques, sequences or procedures, or for safety precautions
and programs in connection with the Work, and he shall
not be responsible for the Contractor's failure to carry out
the Work in accordance with the Contract Documents.
1.1.15 Based on such observations at the site and on
the Contractor's Applications for Payment, the Architect
shall determine the amount owing to the Contractor and
shall issue Certificates for Payment in such amounts. The
issuance of a Certificate for Payment shall constitute a
representation by the Architect to the Owner, based on.
the Architect's observations at the site as provided in
Subparagraph 1.1.14. and the data comprising the Appli-
cation for Payment, that the Work has progressed to the
point indicated; that to the best of the Architect's knowl-
edge, information and belief, the quality of the Work is
in accordance with the Contract Documents (subject to
an evaluation of -the Work for conformance with the
Contract Documents upon Substantial Completion, to the
results of any subsequent tests required by the Contract
AIA DOCUMENT 0141 - OWNER -ARCHITECT AGREEMENT - JANUARY 1974 EDITION - AIA® - 01974
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Documents, to minor deviations from the Contract Docu-
ments correctable prior to completion, and to any specific
qualifications stated in the Certificate for Payment); and
that the Contractor is entitled to payment in the amount
certified. By issuing a Certificate for Payment, the Archi-
tect shall not be deemed to represent that he has made
any examination to ascertain how and for what purpose
the Contractor has used the moneys paid on account of
the Contract Sum.
1.1.16 The Architect shall be, in the first instance, the
interpreter of the requirements of the Contract Docu-
ments and the impartial judge of the performance there-
under by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Con-
tractor relating to the execution and progress of the Work
and on all other matters or questions related thereto.
The Architect's decisions in matters relating to artistic
effect shall be final if consistent with the intent of the
Contract Documents.
1.1.17 The Architect shall have authority to reject Work
which does not conform to the .Contract Documents.
Whenever, in his reasonable opinion, he considers it nec-
essary or advisable to insure the proper implementation.
of the intent of the Contract Documents, .he will have
authority to require special inspection or testing of any
Work in accordance with the provisions of the Contract
Documents whether or not such Work be then fabricated,
installed or completed.
1.1.18 The Architect shall review and approve shop
drawings, samples, and other submissions of the Contrac-
tor only for conformance with the design concept of the
Project and for compliance with the information given
in the Contract Documents.
1.2.4 Through the on -site observations by Full -Time
Project Representatives of the Work in progress, the Ar-
chitect shall endeavor to provide further protection for
the Owner against defects in the Work, but the furnish-
ing of such project representation shall not make the
Architect responsible for construction means, methods,
techniques, sequences or procedures, or for safety pre-
cautions and programs, or for the Contractor's failure to
perform the Work in accordance with the Contract
Documents.
1.3 ADDITIONAL SERVICES
The following Services shall be provided when au-
thorized in writing by the Owner, and they shall be
paid for by the Owner as hereinbefore provided.
1.3.1 Providing analyses of the Owner's needs, and pro-
gramming the requirements of the Project.
1.3.2 Providing financial feasibility or other special
studies.
1.3.3 Providing planning 'surveys, site evaluations, envi-
ronmental studies or comparative studies of prospective
sites.
1.3.4 Providing design services relative to future facili-
ties, systems and equipment which are not intended to
be constructed as part of the Project.
1.3.5 Providing services to investigate existing condi-
tions or facilities or to make measured drawings thereof,
or to verify the accuracy of drawings or other informa-
tion furnished by the Owner.
1.3.6 Preparing documents for alternate bids or out -of- .
sequence services requested by the Owner.
1.1.19 The Architect shall prepare Change Orders. 1.3.7 Providing Detailed Estimates of Construction Cost
1.1.20 The Architect shall conduct inspections to de- or detailed quantity surveys or inventories of material,
termine the Dates of Substantial Completion and final equipment and labor.
completion, shall receive and review written guarantees 1.3.8 Providing interior design and other services re -
and related documents assembled by the Contractor, and quired for or in connection with the selection of furni-
shall issue a final Certificate for Payment. ture and furnishings.
1.1.21 The Architect shall not be responsible for the
acts or omissions of the Contractor, or any Subcontrac-
tors, or any of the Contractor's or Subcontractors' agents
or employees, or any other persons performing any of
the Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more extensive representation at the site than
is described under Subparagraphs 1.1.10 through 1.1.21
inclusive is required, and if the Owner and Architect
agree, the Architect shall provide one or more Full -Time
Project Representatives to assist the Architect.
1.2.2 Such Full -Time Project Representatives shall be
selected, employed and directed by the Architect, and the
Architect shall be compensated therefor as mutually
agreed between the Owner and the Architect as set forth
in an exhibit appended to this Agreement.
1.2.3 The duties, responsibilities and limitations of au-
thority of such Full -Time Project Representatives shall be
set forth in an exhibit appended to this Agreement.
1.3.9 Providing services for planning tenant or rental
spaces.
1.3.10 Making revisions in Drawings, Specifications or
other documents when such revisions are inconsistent
with written approvals or instructions previously given
and are due to causes beyond the control of the Archi-
tect.
1.3.11 Preparing supporting data and other "services in
connection with Change Orders if the change in the
Basic Compensation resulting from the adjusted Contract
Sum is not commensurate with the services required of
the Architect.
1.3.12 Making investigations involving detailed apprais-
als and valuations of existing facilities, and surveys or
inventories required in connection with construction
performed by the Owner.
1.3.13 Providing consultation concerning replacement
of any Work damaged by fire or other cause during con-
struction, and furnishing professional services of the type
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - JANUARY 1974 EDITION - AIAS - 01974
4 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
set forth in Paragraph 1.1 as may be required in connec-
tion with the replacement of such Work.
1.3.14 Providing professional services made necessary
by the default of the Contractor or by major defects in
the Work of the Contractor in the performance of the
Construction Contract..
1.3.1S Preparing a set of reproducible record prints of
drawings showing significant changes in the Work made
during the construction process, based on marked -up
prints, drawings and other data furnished by the Contrac-
tor to the Architect.
1.3.16 Providing extensive assistance in the utilization
of any equipment or system such as initial start-up or
testing, adjusting and balancing, preparation of operation
and maintenance manuals, training personnel for opera-
tion and maintenance, and consultation during operation.
1.3.17 Providing services after issuance to the Owner of
the final Certificate for Payment.
1.3.18 Preparing to serve or serving as an expert witness
in connection with any public hearing, arbitration pro-,
ceeding or legal proceeding.
1.3.19 Providing services of professional consultants for
other than the normal structural, mechanical and electri-
cal engineering services for the Project.
1.3.20 Providing any other services not otherwise in-
cluded in this Agreement or not customarily furnished in
accordance with generally accepted architectural practice.
ARTICLE 2 .
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information, including
a complete program, regarding his requirements for the
Project.
2.2 The Owner shall designate, when necessary, a rep-
resentative authorized to act in his behalf with respect to
the Project. The Owner shall examine documents sub-
mitted by the Architect and shall render decisions per-
taining thereto promptly, to avoid unreasonable delay in
the progress of the Architect's services.
2.3 The Owner shall furnish a certified land survey of
the site giving, as applicable, grades and lines of streets,
alleys, pavements and adjoining property; rights -of -way,
restrictions, easements, encroachments, zoning, deed re-
strictions, boundaries and contours of the site; locations,
dimensions and complete data pertaining to existing
buildings, other improvements and trees; and full infor-
mation concerning available service and utility lines both
public and private, above and below grade, including
inverts and depths.
2.4 The Owner shall furnish the services of a soils engi-
neer or other consultant when such services are deemed
necessary by.the Architect, including reports, test borings,
test pits, soil bearing values, percolation tests, air and
water pollution tests, ground corrosion and resistivity
tests and other necessary operations for determining sub-
soil, air and water conditions, with appropriate profes-
sional recommendations.
2.5 The Owner shall furnish structural, mechanical,
chemical and other laboratory tests, inspections and re-
ports as required by law or the Contract Documents.
2.6 The Owner shall furnish such legal, accounting, and
insurance counseling services as may be necessary for the
Project, and such auditing services as he may require to
ascertain how or for what purposes the Contractor has
used the moneys paid to him under the Construction
Contract.
2.7 The services, information, surveys and reports re-
quired by Paragraphs 2.3 through 2.6 inclusive shall be
furnished at the Owner's expense, and the Architect shall
be entitled to rely upon the accuracy and completeness
thereof.
2.8 If the Owner becomes aware of any fault or defect
in the Project or anon -conformance with the Contract'
Documents, he shall give prompt written notice thereof .
to the Architect.
2.9 The Owner shall furnish information required of him
as expeditiously as necessary for the orderly progress of
the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 If the Construction Cost is to be used as the basis
for determining the Architect's Compensation for Basic
Services, it shall be the total cost or estimated cost to
the Owner of all Work designed or specified by the
Architect. The Construction Cost shall be determined as
follows, with precedence in the order listed:
3.1.1 For completed construction, the cost of all such
Work, including costs of managing construction;.
3.1.2 For Work not constructed, (1) the lowest bona fide
bid received from a qualified bidder for any or all of such
Work, or (2) if the Work is not bid, the bona fide nego-
tiated proposal submitted for any or all of such Work; or
3.1.3 For Work for which no such bid or proposal is
received, (1) the latest Detailed Estimate of Construction
Cost if one is available, or (2) the latest Statement of
Probable Construction Cost.
3.2 Construction Cost does not include the compensa-
tion of the Architect and his consultants, the cost of the
land, rights -of -way, or other costs which are the responsi-
bility of the Owner as provided in Paragraphs 2.3 through
2.6 inclusive.
3.3 The cost of labor, materials and equipment furnished
by the Owner for the Project shall be Included in the
Construction Cost at current market rates including a
reasonable allowance for overhead and profit.
3.4 Statements of Probable Construction Cost and De-
tailed Cost Estimates prepared by the Architect represent
his best judgment as a design professional familiar with
the construction industry. It is recognized, however, that
neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the con-
tractors' methods of determining bid prices, or over com-
petitive bidding or market conditions. Accordingly, the
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - JANUARY 1974 EDITION - AIA® - 91974 '
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 S
It
Architect cannot and does not guarantee that bids will
not vary from any Statement of Probable Construction
Cost or other cost estimate prepared by him.
3.5 When a fixed limit of Construction Cost is estab-
lished as a condition of this Agreement, it shall be in
writing signed by the parties and shall include a bidding
contingency of ten percent unless another amount is
agreed upon in writing. When such a fixed limit is estab-
lished, the Architect shall be permitted to determine what
materials, equipment, component systems and types of
construction are to be included in the Contract Docu-
ments, and to make reasonable adjustments in the scope
of the Project to bring it within the fixed limit. The archi-
tect may also include in the Contract Documents alter-
nate bids to adjust the Construction Cost to the fixed
limit
3.5.1 If the Bidding or Negotiating Phase has not com-
menced within six months after the Architect submits the
Construction Documents to the Owner, any fixed limit
of Construction Cost established as a condition of this
Agreement shall be adjusted to reflect any change in the
general level of prices which may have occurred in the
construction industry for the area in which the Project is.
located. The adjustment shall reflect changes between
the date of submission of the Construction Documents
to the Owner and the date on which proposals are
sought
3.5.2 When a fixed limit of Construction Cost, including
the Bidding contingency (adjusted as provided in Sub-
paragraph 3.5.1, if applicable), is established as a condi-
tion of this Agreement and is exceeded by the lowest .
bona fide bid or negotiated proposal, the Detailed Esti-
mate of Construction Cost or the Statement of Probable
Construction cost, the Owner shall (1) give written ap-
proval of an increase in such fixed limit, (2) authorize re-
bidding the Project within a reasonable time, or (3) co-
operate in revising the Project scope and quality as re-
quired to reduce the Probable Construction Costa In the
case of (3) the Architect, without additional charge, shall
modify the Drawings and Specifications as necessary to
bring the• Construction Cost within the fixed limit. The
providing of such service shall be the limit of the Archi-
tect's responsibility in this regard, and having done so,
the Architect shall be entitled to compensation in accord-
ance with this Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the salaries of
professional, technical and clerical employees engaged
on the Project by the Architect, and the cost of their
mandatory and customary benefits such as statutory em-
ployee benefits, insurance, sick leave, holidays, vacations,
pensions and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Com-
pensation for Basic and Additional Services and include
actual expenditures made by the Architect, his employ-
ees, or his professional consultants in the interest of the
Project for the expenses listed in the following Subpara-
graphs:
5.1.1 Expense of transportation and living when travel-
ing in connection with the Project; long distance calls
and telegrams; and fees paid for securing approval of
authorities having jurisdiction over the Project.
5.1.2 Expense of reproductions, postage and handling
of Drawings and Specifications excluding duplicate sets
at the completion of each Phase for the Owner's review
and approval.
5.1.3 If authorized in advance by the Owner, expense
of overtime work requiring higher than regular rates and
expense of renderings or models for the Owner's use.
SAA Expense of computer time for professional services
when included in Paragraph It.
5.1.5 Expense of computer time when used in connec-
tion with Additional Services.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Basic Serv-
ices shall be made as follows:
6.1.1 An initial payment as set forth in Paragraph II is
the minimum payment under this Agreement.
6.1.2 Subsequent payments for Basic Services shall be
made monthly in proportion to services performed 'so
that the compensation at the completion of each Phase,
except when the compensation is on the basis of a Mul-
tiple of Direct Personnel Expense, shall equal the follow-
ing percentages of the total Basic Compensation:
Schematic Design Phase ........ 15%
Design Development Phase .. 351/6
Construction Documents Phase ... 75%
Bidding or Negotiation Phase .... 80%
Construction Phase ............ 100%
6.1.3 If the Contract Time initially, established in the
Construction Contract is exceeded by more than thirty
days through no fault of the Architect, compensation for
Basic Services performed by Principals, employees and
professional consultants required to complete the Ad-
ministration of the Construction Contract beyond the
thirtieth day shall be computed as set forth in Para-
graph II for Additional Services.
6.2 Payments for Additional Services of the Architect as
defined in Paragraph 1.3, and for Reimbursable Expenses
as defined in Article 5, shall be made monthly upon
presentation of the Architect's statement of services ren-
dered.
6.3 No deductions shall -be -made from the Architect's
compensation on account of penalty, liquidated dam-
ages, or other sums withheld from payments to con-
tractors.
6.4 If the Project is suspended for more than three
months or abandoned in whole or in part, the Architect
AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • JANUARY 1974 EDITION • AIA® • 01974
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shall be paid his compensation for services performed
prior to receipt of written notice from the Owner of such
suspension or abandonment, together with Reimbursable
Expenses then due and all termination expenses as de-
fined in Paragraph 8.3 resulting from such suspension or
abandonment. If the Project is resumed after being sus-
pended for more than three months, - the 'Architect's
compensation shall be subject to renegotiation.
6.S Payments due the Architect under this Agreement
shall bear interest at the legal rate commencing sixty
days after the. date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertain-
ing to Additional Services on the Project and for services
performed on the basis of a Multiple of Direct Personnel
Expense shall be kept on a generally recognized account-
ing basis and shall be available to the Owner or his
authorized representative at mutually convenient times.
ARTICLE 8
TERMINATION OF AGREEMENT
8.1 This Agreement may be terminated by either party
upon seven days' written notice should the other party
fail substantially to perform in accordance with its terms
through no fault of the party initiating the termination.
8.2 In the event of termination due to the fault of par-
ties other than the Architect, the Architect shall be paid
his compensation for services performed to termination
date, including Reimbursable Expenses then due and all
termination expenses.
8.3 Termination Expenses are defined as Reimbursable
Expenses directly attributable to termination, plus an
amount computed as a percentage of the total compen-
sation earned to the time of termination, as follows:
20 percent if termination. occurs during the Schematic
Design Phase; or
10 percent if termination occurs during the Design De-
velopment Phase; or
5 percent if termination occurs during any subse-
quent phase.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are
and shall remain the property of the Architect whether
the Project for which they are made is executed or not.
They are not to be used by the Owner on other projects
or extensions to this Project except by agreement in writ-
ing and with appropriate compensation to the Architect.
the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other
party with respect to all covenants of this Agreement.
Neither the. Owner nor the Architect shall assign,. sublet
or transfer his interest in this Agreement without the
written consent of the other. • .
ARTICLE 11
ARBITRATION
11.1 All claims, disputes and other matters in question
between. the parties to this Agreement, arising out of, or
relating to this Agreement or the breach thereof, shall be
decided by arbitration in accordance with the Construc-
tion Industry Arbitration Rules of the American Arbitra-
tion Association then obtaining unless the parties mutually
agree otherwise. No arbitration, arising out of, or relating
to this Agreement, shall include, by consolidation, joinder
or in any other manner, any additional party not a party
to this Agreement except by written consent containing a
specific reference to this Agreement and signed by all the
parties hereto. Any consent to arbitration involving an
additional party or parties shall not constitute consent to
arbitration of any dispute not described therein or with
any party not named or described therein. This Agreement
to arbitrate and any agreement to arbitrate with an addi-
tional party or parties duty consented to by the parties
hereto shall be specifically enforceable under the pre-
vailing arbitration law.
11.2 Notice of the demand for arbitration shall be filed
in writing with the other party to this Agreement and
with the American Arbitration Association. The demand
shall be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no
event shall the demand for arbitration be made after the
date when. institution ,of legal or equitable proceedings
based on such claim, dispute or other matter in question
would be barred by the applicable statute of limitations.
11.3 The award rendered by the arbitrators shall be fi-
nal, and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction
thereof.
ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated
agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may
be amended only by written instrument signed by both
Owner and Architect.
ARTICLE 10 ARTICLE 13
GOVERNING LAW
SUCCESSORS AND ASSIGNS Unless otherwise specified, this Agreement shall be gov-
The Owner and the Architect each binds himself, his erned by the law of the principal place of business of the
partners, successors, assigns and legal representatives to Architect.
AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • JANUARY 1974 EDITION • AIAO • 01974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASH.INGTON, D. C. 20006 7
ARTICLE 1.1.22 (New)
The architect shall furnish to the Ocmer, at no expense to the Owner, one set
of reproducible plans and drawings of the project, as built..
ARTICLE 3.5.3 (New)
It is hereby agreed that a fixed limit of construction cost is established as
a condition of this Agreement and in the event it is necessary to re -bid the
project due to the failure to secure acceptable low bids within such cost
limits, the Architect shall redraw or modify his plans for re -bidding at a
probable reduced construction cost. Such revision or modification shall be
without additional charge to the Owner.,
ARTICLE 5.1.2 is amended by adding thereto:
Reproduction costs, eligible as a reimbursable expense, shall not exceed
$1,000.00.
ARTICLE 6.1.1 Deleted
ARTICLE 6.1.2 Amended to read as follows:
The initial payment to the Architect shall be made upon acceptance of Preliminary
Studies, at which time 35% of the fixed fee shall be paid. Subsequent payments
of the fee shall be made upon completion of the following phases of the project:
Approval of Contract.Documents........... ......................40%
Acceptance of Bids.... .. 5�
Construction Phase (MONTHLY • PAYMENTS AS 14ORK•PROGRESSES) ....
...24°6
ARTICLE 9 Amended to read as follows:
Drawings and Specifications shall become.the property of the Owner when the pro-
ject is completed. In the event the.project is not completed, the drawings and
specifications shall remain the property of the Architect. The plans may be used
in other projects after agreement.in writing -between the Owner and the Architect.
ARTICLE 14 (New)
Architect's Insurance, The Architect shall maintain insurance to protect him
from claims under workmanly compensation acts; claims for damages because of
bodily injury, including personal injury, sickness or disease, or' death of any
of his employees -or of any, person other than his employees;, and claims for damn
ages because of injury to or destruction of tangible property including loss of
use resulting therefrom. The Architect.shall maintain insurance to protect him
from claims arising out of the performance of professional services caused by
any of his errors, omissions, or negligent acts, or the errors., omissions, or
negligent acts of any person employed by h;r.n or by others for whom'he is legally
liable. Professional liability insurance shall be in an amount consistent with
insurance industry requirements, but not less than $100,000.00. If the Architect
does not already have such insurance, he shall arrange for coverage and show evi-
dence of such coverage to Owner within 90 days of the date of this agreement.
H
0
This Agreement executed the day and year first written above.
OWNER
CITY OF LUBBOCK
00 J-1-A,
' r
ATTEST:
E elyn Gaflga, City Sec a ry-Treasurer
APPROVED AS TO FORM:
Jdhn"C. Ross, Jr., CiW Attorney
ARCHITECT
ROBERTS-JOHNSON
STILES & STILES
G�iYilL
MARVIN L. STILES
RVIN E. STILES